The transport obtaining by devious means (colloquially also black driving called) is in Germany a vertypter criminal offence existence of obtaining by devious means achievements after "§ 265a StGB. Systematically the transport obtaining by devious means belongs to the Betrugsdelikten. From the character it is a passing. The transport obtaining by devious means requires in the Mindesten resolution.

Two drop's groups are to be differentiated:

1. Who uses conveyances without valid ticket (public), makes itself punishable obtaining by devious means of achievements after "§ 265a StGB (possible punishment: Fine or imprisonment up to one year).
2. Who presents a public conveyance without valid ticket used and with control a wrong, not valid or only ticket valid for certain zones, makes itself punishable the fraud (punishment: Fine or imprisonment until five years). With a wrong ticket still another falsification of documents in the alternative of the customs making of a false or falsified document can be present.

Civilly the double price of transportation, at least however 40 EUR falls on. The charge is regularly bound to a charge of the transport enterprise; in the last years increased by the enterprises of it use is made.

The transport obtaining by devious means is a crime, which is committed particularly by young person (juvenile delinquency). The procedures land depending upon region already with the second or third offence before the juvenile courts. Usually the first offence is stopped still by the public prosecutor's office.

The transport obtaining by devious means is ranked kriminologisch among the trifle or mass criminality and is at the same time a Kontrolldelikt, which is characterised by very high clearing-up ratios.

Legal situation with children and young people in Germany

Children and young people under 18 years cannot be forced because of their reduced legal competency in the case of the black driving from the Vehrkehrsunternehmen to payment of the increased transport money. Without consent of parents young people cannot lock effective transport contract. Parents are likewise not obligated to the payment of the increased transport money. If they refuse paying a legally effective contract, to which the transport enterprise could appoint itself, did not come off.

Since the transport enterprises understandably not on this circumstance refer to and also with children and young people with the usual methods the increased raise (1. Reminder, 2. ), Pay reminder, debt collecting agency, attorney, judicial reminder procedure with the possibility for the contradiction the children and young person or parents often readily. Transport enterprises raise however in the case of a contradiction against the judicial late-payment notice usually NO complaint before court, since their legal departments know that they would have to carry no success and the costs of the lost legal proceedings with large probability before most courts thereby.

The possibility of the prosecution by the public prosecutor's office due to transport obtaining by devious means after the youth criminal law remains of it however unaffected. Likewise the carrier can exclude the young person from the use of his means of transport limited.

Situation in Austria

In the Austrian StGB exists "§ the 149 (obtaining by devious means an achievement), which includes also the use of public means of transport without payment of the intended price of transportation and this threatened with judicial punishment.

"§ 149. (1) Who obtains by devious means the transport by public traffic serving an institute or the admission to performance, exhibition or another meeting or to a mechanism by deception over facts to punish without paying the determined payment, is, is only small if the payment, with imprisonment up to one month or with fine up to 60 daily rates.

According to usual right opinions this action is for example not however only judicially punishable, if during entering a Schaffner or an other present surpervisor is deceived, thus when using a Schaffnerless strassenbahnzuges without ticket. Who tries with control to come approximately by different pretexts from the situation could thereby however "§ 149 make itself guilty. Also the costs of a ticket in long-distance traffic no more than "small payment" could not be regarded.

In order to close this possible gap in the law, knows "black driving" in accordance with the introductory law to the administrative proceedings laws (EGVG), article IX, of which authorities as administrative infringement with a fine are punished (similarly as for instance with wrong parks), if "§ the 149 StGB in the concrete case is not applicable.

(1) Who provides [...] 2. except action the transport threatened in the cases of one with judicial punishment by public traffic serving a mechanism, without paying the payment determined after the tariff provisions and transport conditions of these mechanisms duly, [...] [...] an administrative infringement commits and is from the district administrative authority, in the effective range of a federal police authority in the cases of Z 2 [...] from this to punish with fine up to 218 euro [...].

(4) The act after exp. 1 Z 2 becomes unpunished, if the author with entering, although on request, the price of transportation and an addition intended in the tariff provisions or transport conditions pays immediately. This applies also, if the author pays the price of transportation and an addition intended in the tariff provisions or transport conditions within three days, if he proves himself during summons to pay in conveyances by a public document equipped with a photo.

If the pending price of transportation and the fixed multi-fees of the transport enterprise are paid immediately or within a fixed period, then this punishment is not imposed thus.

If the price of transportation and the multi-fees are not paid within the prescribed period not and/or, then the transport enterprise this can on civil way be called in and evenly additionally an official administrative punishment be imposed.

Blackdrive as protest form

In the context of protests against price of transportation increases and for a right to mobility and black driving was used as political protest form. By the active Verweigerung of the the demands are after socialcompatible prices of transportation or a zero tariff that is called a free, are underlined public suburban traffic. In addition and joint black driving is organized and publicised openly. An example for this is the campaign Pinker in vain point of the organization Berlin, which calls to publicly recognizable and joint black driving, and with its name the action of point of red at the beginning of the 70's quotes.

See also

• blind passenger

Related links

• Web page about black driving
• Project zero tariff of the association for innovative traffic systems Darmstadt, with scientific emphasis (among other things thesis (diploma) to the topic)

Articles in category "Transport obtaining by devious means"

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