Right-side overtaking by cyclists
Particularly in city centers without separate bike lanes, it is common for cyclists to pass motorized road users on the right at red lights or in slow-moving traffic. If cars are stuck at a traffic light, cyclists often have an advantage because they can leave the line of cars behind them and thus gain time. Often there are only a few centimeters between the outside mirror of the car and the steering wheel of the cyclist. This often leads to critical situations or even accidents, which usually end with significant physical damage for cyclists. If there is a truck at the traffic lights and the bicycle passes it, it must be expected that the truck driver has no view of the cyclist on the right below him. Some car drivers try to avoid being overtaken by getting as far to the right as possible. It is usually car drivers who complain about being overtaken by cyclists on the right.
Permissible behavior of cyclists
But this is allowed according to the road traffic regulations. Section 5, paragraph 8 of the StVO states:"If there is sufficient space, cyclists and moped riders may overtake vehicles waiting in the right-hand lane at moderate speed and with particular caution." Overtaking on the right is only allowed between the line of vehicles and the curb. Most car drivers are unaware of this.
Passenger cars: Overtaking on the left and exceptions
Most road users are only aware of the basic rule that, as a car driver, you are only allowed to overtake on the left. This is stated in § 5 paragraph 1 StVO. However, there are exceptions: in urban areas, for example, you are also allowed to overtake on the right according to § 7 III StVO, at least if you are driving a car or another motor vehicle with a total weight of up to 3.5 tons, if there are several marked lanes on the road for each direction.
Behavior on the highway
Overtaking on the right is particularly dangerous on highways. This is punishable by a fine of 100 EUR and one point in Flensburg (No. 17 BKat). But there are exceptions here too: if traffic is so dense that queues of vehicles have formed in the lanes for one direction, you are allowed to drive faster on the right than on the left, see § 7 II StVO.
An impermissible increase in speed when being overtaken
Another bad habit on the roads is for the driver who is being overtaken to step on the gas because he is annoyed at being overtaken. However, this is expressly prohibited. Section 5, paragraph 6 of the StVO states: "The driver who is being overtaken must not increase his speed." The catalog of fines for violations threatens a fine of 30 euros, see no. 26 BKat.
Minimum speed when overtaking
Incidentally, the overtaking process is to be carried out in such a way that it does not take up too much time. Overtaking at a speed not significantly higher than that of the overtaken vehicle is punishable by a fine of €80, see no. 18 BKat. You can often see this kind of "elephant race" on the highway when trucks overtake each other. In any case, for a violation, it was considered sufficient if the absolute speed difference during the overtaking maneuver was considered too small.
Changing lanes
In everyday life, unfortunately, it is noticeable that another rule is often violated when changing lanes: According to § 7 para. 5 StVO, every change of lane must be announced in good time and clearly; the direction indicators must be used. Anyone who does not indicate or does not indicate in time risks a fine of ten euros, see no. 29 BKat.
If you are subject to a fine, you should definitely seek the help of a Lawyer specializing in traffic law.
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.