According to § 4 I sentence 1 of the German Motorway Toll Act (BFStrMG), truck tolls must be paid at the start of the use of the road subject to toll. The BFStrMG does not provide for payments after the use of a road network.
If a person does not pay the toll according to the relevant regulations, that person is in violation of those legal regulations and has committed an offence. In this case, the driver can expect two separate proceedings. First of all, the neglected payment of the toll will be levied retroactively in the so-called ex-post recovery, see § 8 BFStrMG. Secondly, the neglected toll payment will be officially punished by law as an administrative offence, and the person who has committed the infringement will be fined, see §10 BFStrMG.
If you have neglected to pay the required toll on time and in the correct amount, you have the option of making a voluntary declaration or having a voluntary declaration made to the Federal Office for Goods Transport, stating the fact that you have used a road network subject to toll.
The result of a voluntary ex-post toll payment (until now) is that the fine will be waived – as long as the infringement had not yet been discovered at the time the voluntary declaration was made (for example by an automatic toll gantry). In this case, the Federal Office will levy the neglected payment by an official notice.
Please note that the conditions for a fine-waiving voluntary declaration will be tightened since January 1, 2017 (date of receipt):
A fine for violation for the purpose of § 10 I No. 1 BFStrMG will not be levied in case of negligence if
the perpetrator of the infringement makes a voluntary declaration or has a voluntary declaration made to the Federal Office for Goods Transport within two working day
the infringement has not yet been detected,
- the perpetrator has not been prosecuted under the Administrative Offence Act (OWiG) for the same type of infringement within the last six calendar months.
All other provisions of § 47 OWiG remain unaffected.
As long as the declaration fulfils the aforementioned conditions, an official warning without a fee will be administered. If the voluntary declaration does not fulfil the necessary conditions, or if there has been a previous case against the perpetrator, a lawsuit for the administrative offence will be filed in addition to the ex-post payment of the toll.
Please use the form APPLICATION FOR EX-POST PAYMENT OF TOLLS (VOLUNTARY DECLARATION) to apply for an ex-post toll payment. Fill in the form completely and in print and send it by post, fax or e-mail to the Federal Office. Please consult the enclosed information sheet for further details.