Military and German Laws
Military Law
The question of whether alleged offences should be dealt with under UK military law or German criminal law is governed by the NATO Status of Forces Agreement (SOFA). Members of the civilian component (i.e. civil servants and other UK-based civilians working for the sponsored organisations such as NAAFI, SSVC, SSAFA etc) and dependants of Servicemen and of members of the civilian component should be aware that under section 209 of the Army Act 1955, and section 209 of the Air Force Act 1955, they are subject to military law. Visiting relations from the UK temporarily staying in the household of a serviceman or member of the civilian component together with nannies, au-pairs etc are also subject to military law in this way. Military law applies to the employees of UK contractors if they have been specifically made subject to it by the Defence Council.
Civilians who are subject to military law (as explained in para 6.66. above) may be tried under military jurisdiction for any alleged offence which, if it had occurred in England, could have resulted in trial in the criminal courts there. They may also be tried under military law for the purely military offences of disobedience to Standing Orders, obstructing Service police, resisting arrest, escaping from custody, contempt of court and offences against sentries and those on traffic control duty.
Whether a civilian is tried in a German or Service court depends on a number of factors.
Sometimes the German courts deal with cases where the offence is serious, e.g. murder, and the victim is a German national. Drink/driving cases and some other traffic offences dealt with by the German civil police are, as a matter of routine, handed over to the German courts.
German Law and Customs
Parents may be held responsible in the German civil courts for damage caused by their children, even if no proceedings are brought in the German criminal courts. It is very difficult to avoid liability for such claims. Heads of family are therefore advised to obtain insurance cover against such liabilities. Most German families have this type of insurance policy which offers adequate protection at reasonable rates. Personnel should, however, check whether their personal effects insurance (kit insurance) policy contains a clause to cover this type of damage - the expressions used are 'third party claims', 'third party liability', 'public liability' and 'Haftpflichtversicherung'.
The same principles apply to damage caused by pet animals as apply to damage caused by children (see para 6.69 above). If a German suffers harm as a result of the activities of your children, dogs, cats etc he will expect you to be insured and would accordingly normally make a claim against you.
Occupants of married quarters and hirings are responsible for clearing snow and ice from the pavements outside their properties, and for scattering sand, ashes etc to prevent pedestrians from slipping. The cleaning of pavements is not one of the free services to which the Forces are entitled. Failure to observe this obligation may lead to prosecution under German law, and compensation could also be claimed in the civil courts if a pedestrian is injured as a result of slipping on the pavement.
It is the responsibility of all dog owners to register their dogs with their administering unit in Germany prior to travelling to BFG. It is the responsibility of the person in charge of a dog to ensure that the animal does not foul the pavement and public areas. Dog owners must ensure that their dogs do not run loose, or cause a disturbance by barking or howling. Dogs should not be let loose in open country as they may be shot in certain circumstances when a hunt is occurring.
Community Relations
Occupants of married quarters and hirings should be aware of the following German laws which may affect their relationship with neighbours:
a. Washing of private cars on the public highway is prohibited at any time. Caravans without the prime mover can only be parked in a public place (on the road in a parking area) for up to a maximum of 14 days. Caravans and mobile homes parked in a public place may not be used as accommodation.
b. There are restrictions on the burning of garden rubbish and the beating of carpets at certain times of the week. The shaking out of bedding and carpets is not permitted in streets or from buildings facing streets.
c. Washing is not to be hung outside to dry after 1400hrs on Saturdays or at any time on Sundays or public holidays.
d. Children are not permitted to play noisily in gardens or public places after 1900hrs (7pm).
Some games, such as football, skipping, hopscotch and roller skating, are prohibited on public roads.
e. Lawn mowers may only be used at the following times:
Mon - Sat 0800 - 1300 hrs
Mon - Fri 1500 - 1900 hrs
Except on Public holidays (when they may not be used at all).