Road Traffic Regulations - Is it permissible to brake to avoid a pigeon?
Braking immediately after starting up at a traffic light in order not to endanger an animal on the road may not happen without a compelling reason and would not violate Section 4(1) sentence 2 of the Road Traffic Regulations (Straßenverkehrs-Ordnung, StVO). This was the ruling by the Local Court in Dortmund in a case concerning an accident.
In its ruling of 10.7.2018 (case reference: 425 C 2383/18), the court took the view that the braking by the driver of the vehicle in front because of a pigeon did not constitute sudden braking for no reason within the meaning of Section 4(1) sentence 2 StVO, but was prompted by a specific hazardous situation. Within the scope of the required consideration, it had to be taken into account that the accident occurred during the starting up phase at very low speed, so that personal injury was not to be expected. Then again, the interest in protecting the animal could not simply be disregarded. The mere fact that it was a small animal would not justify running it over. In fact, under the German Animal Welfare Act, killing a vertebrate animal is generally prohibited and could constitute a regulatory offence. In addition, since the inclusion of animal protection in Article 20a of the German Basic Law, this has been constitutionally enshrined as a national objective. The braking manoeuvre was therefore legally permissible so that the driver of the colliding vehicle was liable for the damage caused, and there was no contributory negligence on the part of the driver of the vehicle in front that would reduce the claim.
