Legal tipWith the bike in road traffic

Stefan Loibl

 · 13.02.2012

Legal tip: With the bike in road trafficPhoto: Jeanette Wunderl
Legal tip: With the bike in road traffic
You start your MTB tour in the city on your bike. The police stop you at a set of traffic lights and check whether your bike is roadworthy. To pay or not? Lawyer Michael Albert advises:

The case: A mountain biker rides his mountain bike to train during the day. To get to the training centre, he rides through the city and is stopped by the police. The police realise that the mountain bike is not roadworthy because it has no lights and want to issue a warning. The question arises as to whether the mountain bike rider should accept this warning or not?

According to Section 16 (1) of the German Road Traffic Licensing Regulations (StVZO), only vehicles that comply with the provisions of the StVZO are authorised for use on public roads. This also applies to mountain bikes.

Anyone who rides their mountain bike on public roads must therefore ensure that their mountain bike is equipped in accordance with the StVZO regulations. Anyone who fails to do so is liable to a fine and commits an administrative offence.

What your mountain bike needs according to StVZO

A utopia for mountain bikers: mandatory lighting in road traffic.Photo: BSMIA utopia for mountain bikers: mandatory lighting in road traffic.

According to § 64 a StVZO, a bicycle must be equipped with at least one bright bell. Every bicycle must therefore have a bell.
According to § 65 StVZO, bicycles must have two independent brakes. This of course also applies to mountain bikes.
§ Section 67 StVZO regulates the prescribed lighting equipment on bicycles. This regulation is quite extensive and contains no less than 12 paragraphs.
According to § 67 Para. 3 StVZO, bicycles must be equipped with a front-facing headlight for white light and at least one front-facing white reflector.
According to § 67 Para. 4 StVZO, bicycles must be fitted at the rear with a rear light for red light, at least one red reflector and a large red reflector labelled with the letter "Z", whereby the rear light and one of the reflectors may be combined in one device.
According to § 67 Para. 6 StVZO, the bicycle pedals must be fitted with front and rear yellow reflectors.
According to § 67 Para. 7 StVZO, the long sides of the bicycle must be fitted with at least two offset yellow spoke reflectors on the spokes of the front and rear wheels on each side. or The headlamp and tail lamp must be marked with a continuous ring of retroreflective white stripes on the tyres or in the spokes of the front and rear wheels.
According to § 67 Para. 9 StVZO, the headlight and the tail light may only be switched on together. A circuit that automatically switches from alternator operation to battery operation at low speed (parking lights) is permitted; in this case, the rear light may also be switched on alone.

The exception: racing bikes under 11 kilos

Pursuant to Section 67 (11) RaceThere are different regulations for tyres weighing no more than 11 kg. This is because standard alternators cause disproportionate damage to their tyres. There are no special regulations for mountain bikes. Mountain bikes must therefore be equipped in accordance with regulations like any other bicycle if they are to be used on public roads. Public road traffic includes all roads, paths and areas that are available for use by the general public. This includes, for example, a forest path that is only open to pedestrians and cyclists or paths on private factory premises, provided they are open to everyone. The equipment requirement therefore does not only apply when tarmac roads and paths are used.

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In the example case, the mountain bike rider should therefore accept the fine offered to him.

Contact our expert Michael Albert: www.rae-albert.de

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