What is a "suitable" path for biking? A seemingly harmless question has been causing a furore in Bavaria for months. Because since the Entry into force of a new administrative regulation in December 2020"suitable" or "unsuitable" is no longer at the discretion of the biker, but of the authorities. Bikers now fear that they are at the mercy of the authorities and landowners.
But it's not that simple, explains lawyer Markus Rebl, who works as a legal advisor to the DIMB. One Trail closure is only really valid ifif the signage refers to the legal reason for which the road is closed. Signs officially erected by the authorities are of course valid in the first instance. However, Rebl believes that "almost all of these closures can be challenged in court". This is because the new administrative regulation is merely a questionable interpretation of the law by the ministry and has no significance for the courts, which judge purely on the basis of the law.
The Nature Conservation Act itself remains unchanged and continues to attach great importance to the general right of access, which may only be restricted in exceptional cases. And this also applies to bikers. "There is also no provision for a restriction specifically for cyclists," continues Rebl. So it seems that all is not yet lost in the German Alpine region. The fact that only the police or forest rangers are authorised to stop bikers and take their personal details without a valid reason is another ray of hope, albeit nothing completely new. If the landowner himself tries to play sheriff and stop bikers or even confiscate the bike, he may even be liable to prosecution.
Everyone involved would be well advised not to contribute to the situation in the Bavarian mountains and forests escalating any further. Bikers who adhere to the trail rules need not be criticised.
Interview with lawyer Markus Rebl (DIMB legal advisor)
EMTB: When is a landowner allowed by law to block the road?
Markus Rebl: The law remains unchanged. The new administrative regulation is merely an internal guideline from the ministry on how the law is to be interpreted by the authorities. It states that closures by the landowner are possible if there are significant adverse effects.
How does a block have to be made in order for it to be valid? Are there any rules?
For road closures to be valid, the signs must refer to a legal reason for the closure. Or they must be official, i.e. issued by the authorities themselves, for example. Informal signs that prohibit cycling without stating a legal reason are invalid.
And I consider even many of the current bans to be unlawful and open to challenge in court, as the court only makes judgements on the basis of the law, not the administrative regulation. The law clearly prioritises the general right of access, and there are no restrictions exclusively for cyclists.
How should bikers behave when faced with a new prohibition sign?
As a general rule, I advise you to cycle around or push the closed sections, even if the closure is invalid according to the above criteria. Important: Note the position of the sign, take a photo if necessary and then report it to the DIMB at www.dimb.de/verbotmelder. If you wish, you can also contact the authorities directly to find out whether they have been notified of the blocking at all.
What happens if you do not comply with a lockdown?
The violation of such a ban is an administrative offence. Depending on the severity of the offence, the authorities can impose fines of between 15 and 2500 euros, although these are usually smaller amounts. Incidentally, the landowner himself is not authorised to stop bikers, take their personal details or even confiscate bikes. Only the police or the forest ranger themselves have the right to detain bikers. If the landowner attempts to do so without authorisation, this may itself constitute a criminal offence.
The six trail rules for (e-)mountain bikers
- Trail sharing: Respect other trail users.
- No shortcuts: Stay on the paths.
- Stay Safe: Ride in your comfort zone.
- Ride for Future: Leave no rubbish and no traces.
- No Nightrides: Give the animals their rest.
- Stop building illegally: legal routes must be created!
