The Administrative Court of Austria (VwGH) has overturned a fine issued to a Vorarlberg car owner for a missing toll sticker. The case began in late 2014 after a vehicle registered to the man was cited. He argued he was not driving at the time of the incident.
The owner cited an photo showing a woman driving, yet the District Commission of Feldkirch and a lower court upheld the fine. The man, who did not attend his hearing, claimed he lent the car to a firm but refused to identify the driver to authorities.
The VwGH ruled the lower court's evidence evaluation was grossly erroneous for ignoring the photo. Despite the owner's lack of cooperation, the court must investigate the material truth. The case now returns to the Vorarlberg court for a new reconsideration.