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Old 23rd Jan 2021, 18:15
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BDAttitude
 
Join Date: Apr 2019
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So as I see it:
§58 (1) 10. LuftVG refers to §32 and this is §32 only not §32a or §32b.
§32 LuftVG basically only defines which agency is allowed to govern what by delegated rulemaking. $58 (1) 10. that you shall get a ticket if you don't comply with their rulemakeing
Nothing interesting so far.
Now LuftVO is part of that delegated rulemaking - for road vehicles one would call it road code - and §44 (1) lists 34 naughty deeds from 1.: using the wrong measurment unit to 34. performing supersonic flight.
So far I can see nothing which points towards noise. I could be anything. We only know it's a "Ordnungswidrigeit" according to LuftVO. This is the stuff you get a simple ticket for. I don't know if there is a proper translation, translator says misdemeanor - but that's too much. Maybe administrative offence? Are you sure nothing else is mentioned?
Another thing we know that it is nothing goverend by SERA, because those offences are in §44 (2).

Some general information on how things are going in Germany.
Defending yourself at this stage is of no use. You can only make things worse.
If you get a questionaire, then you usually only fill in personal information.
If you then get an actual ticket, you decide based on the sum if it is worth defending yourself. At this point you will know for sure what you have been charged with, but not what they actually have in hand against you.
Then you need a lawyer. Not by law but by practical considerations. Only a lawyer can take a look into the records and see what they actually have against you.
When you know the contents of that record you decide on what you do. First line of defence is often disputing their evidence and e.g. make them produce all radar tracks by all stations instead of the sigle fusioned track.
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