Autobahn-Tempolimit
Advisory speed: what do the 130 kph mean?
On open Autobahn sections an advisory speed of 130 kph applies. It is a recommendation – but you should not underestimate it all the same.
Contents
What the advisory speed is
The advisory speed was laid down in 1978 in the "Regulation on an advisory speed on Autobahns". It is 130 kph and applies on Autobahns and Autobahn-like roads everywhere that no other fixed or dynamic speed limit is imposed. Unlike a speed limit it is not a binding maximum but a recommendation for the speed at which driving is considered particularly safe.
Does driving faster carry a fine?
No. Driving faster than 130 kph on an open section is not an offence. There is no fine, no penalty points and no driving ban for exceeding the advisory speed alone. As soon as a sign or an overhead gantry shows a limit, however, that limit is binding – and exceeding it is penalised in the normal way.
Shared liability in an accident
The point many underestimate: if an accident happens and you were travelling faster than the advisory speed, a share of liability for increased operating risk can be attributed to you – even if you did not cause the accident alone. This follows from the case law of the German Federal Court of Justice. In practice that means: anyone driving markedly faster may, in a dispute, bear part of the damage even if someone else made the mistake.
Such shared liability is usually ruled out where it can be proven that the accident would also have happened at 130 kph. The general principle of § 1 of the German road traffic regulations – consideration and constant control of the vehicle – applies regardless of speed anyway.
The map shows where the advisory speed applies and where a fixed or dynamic limit does.
Where the advisory speed applies
The recommendation applies precisely on the part of the network that has no speed limit – and that is the largest share at 64.7%. On the remaining routes a fixed sign (23.2%) or an overhead gantry (10.6%) sets the applicable limit. Which category lies on your route is shown in colour on the map.
Frequently asked questions
Is the advisory speed a speed limit?
No. It is a recommendation of 130 kph. A speed limit is binding and is imposed by a sign or overhead gantry; the advisory speed applies where no such limit is posted.
Will I get a fine if I drive faster than 130?
Not on an open section – driving faster is not an offence. Where a limit is posted, however, it applies, and exceeding it is penalised.
Why can driving fast get expensive in an accident?
Anyone driving faster than 130 kph can share liability in an accident for increased operating risk – even without a driving error of their own. In a dispute that can mean bearing part of the damage.
Legal framework: German Autobahn advisory-speed regulation (1978), § 1 of the road traffic regulations, Federal Court of Justice case law on operating risk. This text is a general explanation and not legal advice.