Gehen Sie direkt ins Gefängnis, ziehen Sie keine 4.000 Euro ein: Spritschmuggel ist kein Kavaliersdelikt

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Über die wirtschaftlichen Folgen des grenznahen Tanktourismus haben wir uns in „Tankstelle heute“ schon häufig ausgetauscht. Dabei ist bisher der Sicherheitsaspekt außer Acht gelassen worden. In  österreichischen Medien wird berichtet, dass viele Tankstellenpächter im Grenzgebiet zu Deutschland mit einer neuen Form des Schmuggelns konfrontiert sind, dem Spritschmuggeln nämlich. Der Preisunterschied zwischen den Tankstellenpreisen in Österreich und Deutschland animieren immer mehr deutsche Autofahrer, nicht nur den KFZ-Tank ihres Fahrzeugs an den österreichischen Zapfsäulen zu füllen, sondern auch verschiedene mitgebrachte zum Teil abenteuerliche Behältnisse zu betanken. Daß sích viele Autofahrer mit dieser Handlungsweise strafbar machen, kommt den neuzeitlichen Schmugglern überhaupt nicht in den Sinn. Es fehlt jedwedes Unrechtsbewusstsein. Zollvergehen bzw. Steuerhinterziehung ist der finanzielle Aspekt, den wir hier nicht näher beleuchten wollen. Viel mehr fallen die gesetzlichen Sicherheitsverstöße ins Gewicht, die bei weitem kein Kavaliersdelikt darstellen. Kraftstoffe außerhalb des KFZ-Tanks dürfen nur in zugelassenen Behältern bis zu einer maximalen Gesamtmenge von 20 Litern im Auto mitgeführt werden. Hierfür sind ausschließlich Reservekanister zu verwenden, die einen Zulassungsvermerk aufgedruckt haben. Alle anderen Behälter gleich welchen Inhaltsvermögens dürfen nicht mit Kraftstoffen befüllt und transportiert werden.

 

Tankstellenpächtern bzw. dem Tankstellenpersonal obliegt es, ihr Augenmerk auf Betankungsvorgänge zu lenken, die von der üblichen Handhabung einer KFZ-Betankung abweichen. Wie von Tankstellenbetreibern zu vernehmen ist, gibt es Kunden, die mit einer Tankrechnung von bis zu 1000 Litern Sprit die Tankstelle verlassen. Welchen rollenden Zeitbomben Tankstellenpächter durch ihre Duldungen dieser widerrechtlichen Tankung Vorschub leisten, ist vielen nicht bewusst. Man stelle sich einmal den Fall eines schweren Unfalles vor, in den ein mit unzulässigen Mengen Sprit beladenes Auto verwickelt ist, das Feuer fängt und explodiert. Ich möchte nicht in der Haut des Tankstellenpächters stecken, der den Strafrechtsbehörden erklären muss, warum er eine Tankung von 1000 Litern Sprit für einen PKW oder Kastenwagen toleriert hat, wo das max. Fassungsvermögens eines Autotanks bei etwa 80 bis 90 Litern liegt.

 

Autofahrer sind sich in vielen Fällen nicht bewusst, dass ein Transport über die zulässige Menge Reservekraftstoff hinaus, ein Gefahrguttransport darstellt, der hohe Sicherheitsstandards von Mensch und Technik erfordert (z. B. Sicherheitsausbildung des Fahrers, Sicherheitsdatenblätter des mitgeführten Transportgutes, Gefahrgutkennzeichnung, Beschilderung am Fahrzeug etc). Ein Spritschmuggler sollte wissen, dass eine Zuwiderhandlung mit einer Geldstrafe bis zu 50.000 Euro bewährt sein kann. Eine Menge Geld für die paar eingesparten „Kröten“, nicht wahr? Mir als Sicherheitsfachmann für Tankstellen graust es heftig!

 

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