Freitag, 25.11.2022
No-handed driving ban
from
Dr. jur. Ingo E. FrommLawyer
Specialist in criminal law
Specialist in traffic law
Give me a call: 0261 - 404 99 25
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What only a few cyclists and motorcyclists are aware of is the fact that riding without holding on is prohibited. This is stated in § 23 Abs. 3 Satz 2 of the German Road Traffic Act. Steering with one hand, on the other hand, is not prohibited.
Minor fines for cyclists and motorcyclists
Although cyclists and motorcyclists face fines for violations, they only receive a warning of five euros for hands-free driving, without any points on their license, of course.
Legal situation for car drivers
However, the situation is different for drivers of motor vehicles. Hands-free driving is permitted here. The Public Prosecutor General's Office in Naumburg (Az.: 108 Zs 806/22) had last drawn attention to this on August 12, 2022, in view of its decision to discontinue proceedings against a motorway speeder, a case that had been reported on nationwide. A man drove a Bugatti Chiron on the A2 motorway in Saxony-Anhalt at speeds of up to 417 km/h. He had posted the video of his motorway drive on the internet. It was said that the accused had even taken both hands off the steering wheel at times. However, this alone cannot be used to conclude that his behavior was reckless and grossly negligent.
Questionable legal situation
This was rightly criticized on the grounds that, in the eyes of the law, a cyclist who takes his hands off the handlebars apparently poses a greater danger than a driver who lets go of the steering wheel at 417 km/h.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.