With the new German Road Traffic Act (StVO), which comes into force on 28 April 2020, the Federal Ministry of Transport set out to significantly increase safety and comfort for cyclists. According to the cycling club ADFC, this has been partially successful, but a fundamental reform of road traffic law is still pending.
Changes for cyclists
Driving side by side is permitted
The StVO amendment confirms this: Cyclists are allowed to ride two abreast - as long as they do not obstruct other road users. As long as there is enough space to overtake, there is no obstruction. Previously, the basic rule was that individual cyclists were only allowed to ride behind each other; riding side by side - without the above-mentioned consideration - was previously only possible in groups of 16 or more cyclists.
Green arrow for cycle traffic
The new StVO introduces the green arrow for cyclists as a new traffic sign. It allows cyclists to turn right at red traffic lights after stopping first. Corresponding traffic signs are already being used successfully in France, Belgium and the Netherlands to speed up cycle traffic, even without the obligation to stop. The new StVO clarifies that the already familiar green arrow for motor traffic also applies to the accompanying cycle path.
Anyone can ride a cargo bike
Previously, it was only permitted in Germany to take children with you on a cargo bike. This ban was preceded by a legal error: The 1937 version of the StVO stated that "Cyclists may not carry passengers on single-seater bicycles". Exception: children under the age of seven. In the 1970 revision, the word "single-seater" was simply forgotten. Following the correction of this error, rickshaws and cargo bikes with transport options are now legally permitted on the roads and anyone can ride on them. The only requirement is that the cargo bike must be built to carry passengers, be approved for extra weight and have an appropriate seat.
Cycling on pavements will be expensive
The ADFC has long pointed out that cycling on pavements is reckless and dangerous. At the same time, it reiterates the demand for continuous quality cycle path networks, because when cyclists switch to pavements, this is often due to a lack of or poor cycle infrastructure. The fine for cycling on pavements in contravention of the regulations will increase from 10 to 25 euros to 55 to 100 euros. The same applies to the illegal use of cycle paths and hard shoulders on the left.
This is changing for car drivers - in relation to cycling
1.50 m minimum overtaking distance is mandatory
When overtaking e-scooters and cyclists, drivers must keep a minimum distance of 1.50 metres. Outside built-up areas, it is even two metres. What was previously already established by court rulings is now explicitly stipulated. Previously, the StVO stated that there had to be a "sufficient distance to the side". The amendment to the legal text thus follows existing court judgements that have recommended this minimum distance since the 1980s (e.g. Saarbrücken Higher Regional Court 3 U 141/79). Incidentally, maintaining the side distance also applies when overtaking a cyclist with a trailer.
The new regulation applies regardless of whether cyclists are travelling on the carriageway, on "protective lanes", cycle lanes or protected cycle lanes ("protected bikelanes"). In effect, this rule means a ban on overtaking in places that do not have the necessary width. However, most motorists do not realise this, which is why the ADFC is calling for an awareness campaign on the new StVO and the rapid development of suitable traffic monitoring technology.
Higher fines for parking offences
In future, anyone who parks their car on footpaths and cycle paths will pay between 55 and 100 euros instead of the previous 15 to 30 euros. This also applies to parking and stopping in the second row or on tram tracks as well as unauthorised stopping on hard shoulders. This refers to lane markings for bicycle traffic with a dashed line and bicycle symbol. Motor vehicles were previously allowed to stop there for a maximum of three minutes. Obstructing other road users is also punishable by a penalty point in Flensburg.
Higher fines for thoughtless turning & dooring
When drivers turn without looking over their shoulder or pull open the door (also known as dooring), this can be fatal for cyclists. This is why the fines for this offence are increasing significantly. Drivers who endanger a person on a bike when turning can expect a fine of 140 euros (previously 70 euros) - and a one-month driving ban. Anyone who inattentively opens the car door when getting out of the car and thus endangers a cyclist will also pay more: 40 instead of 20 euros.
Walking speed for lorries when turning
To avoid turning accidents, lorries over 3.5 tonnes are only allowed to drive at walking speed when turning right in urban areas where cycle or pedestrian traffic is expected. The walking speed of 4 to 7 km/h gives the lorry driver more time to survey the turning situation. The fine for disregarding this is 70 euros, plus one point in Flensburg.
Extension of the parking ban at junctions
The parking ban for motor vehicles at junctions with a cycle path will be increased from five to eight metres from the road junction. This is intended to minimise visual obstructions and the resulting dangerous situations. However, junctions without cycle paths remain problem areas. Children up to the age of eight in particular, who have to ride on the pavement, continue to be poorly perceived by motorists. According to the law, they must therefore dismount and push every time they cross the carriageway - even if they are accompanied by their parents. A safety pennant on the child's bike is recommended to increase safety.
Cycling zone - cyclists have priority here
With the new "cycle zone" traffic sign, it is possible to set up larger areas in accordance with the rules for cycle lanes. Cyclists have priority here and motorists are obliged to drive behind them. Permitted speed for cars: maximum 30 km/h.
Cycle highway - moving forward quickly and safely
The new traffic sign marks the start and course of cycle highways, which are currently being planned and built in many metropolitan regions. Cycle highways are wide cycle priority routes that are largely separated from car traffic and ideally do not involve any crossings. They are ideal for commuters, for example, as long distances can be travelled quickly and safely on cycle highways.
Cargo bike - the new way of transport
The new "cargo bike" sign identifies extra-large car parks or special delivery zones for transport bikes.
Shark's teeth - cars have to slow down here
Anyone who often travels in the Netherlands will already be familiar with them: the "shark's teeth". These triangles are painted on the carriageway at junctions and point at approaching cars, signalling that the cycle path has right of way.
Further regulations for car drivers
Speeding offenders must expect a driving ban much earlier. You will be banned from driving for one month if you exceed 21 km/h in urban areas and 26 km/h outside urban areas.
Anyone who fails to form a rescue lane or drives through one without authorisation will also be banned from driving for a month. In addition, there is a fine of between 200 and 320 as well as two points in Flensburg. The driving ban is imposed regardless of any specific danger or obstruction.
For so-called car posing - causing unnecessary noise and avoidable exhaust pollution, for example by driving back and forth unnecessarily - fines of up to 100 euros will be imposed instead of up to 25 euros.
The fine for unauthorised parking in a disabled parking space will increase from 35 to 55 euros. There is a warning fine of the same amount for normal cars parked in a car park for e-cars.
Illegal parking in narrow or blind spots and on sharp bends will now cost 35 euros instead of 15 euros. The fines for general stopping or parking offences will increase to up to 25 euros.
Further information, graphics, pictures and a booklet for download are available here.
