Cyclists also risk a fine if they ride through a red light. The list of fines provides for a fine of €100 if the red light was on for more than a second. This is then considered a so-called qualified red light violation, no. 132a.3 BKat. In addition, a point is even added in Flensburg. In the case of novice drivers during their probationary period, this would result in the threat of an advanced training seminar. Incidentally, the same fine also applies to e-scooter violations.
Traffic lights show a permanent red light due to a malfunction ("permanent red")
In a decision dated September 11, 2023 (5 ORbs 25/23), the Higher Regional Court of Hamburg dealt with the question of what the consequences are if a cyclist believes that the traffic light system is defective. A cyclist had initially waited at the red light for about five minutes and then assumed that the traffic light was defective because it did not change. She then crossed the intersection at red. No one else was endangered as a result of the incident.
The fact that the traffic light did not change could have been because the contact loop with which the traffic light was equipped could not be triggered at all by cyclists. In its interesting decision, the Higher Regional Court of Hamburg states that an alternating light signal system that shows a permanent red light due to a technical malfunction is an invalid administrative act and therefore does not have to be obeyed. In this case, of course, a cyclist could not be fined either.
Incorrect assumption that the traffic light is defective
If, on the other hand, a cyclist merely believes that a traffic light is defective, he is in a "factual error". Such a misconception is also understandable in view of the at least five-minute wait caused by the red light. In this case, however, a conviction for a negligent red light violation is possible, according to the Higher Regional Court of Hamburg, if, for example, the contact loop could have been triggered by cyclists at the time of the offense.
The courts have already ruled that the intersection may only be crossed after a reasonable waiting period. However, three minutes is not enough (OLG Hamm, NZV 2000, 52), and the traffic light must be observed for a considerably longer period of time. Only if the red light continues to shine uninterruptedly can it be assumed that there is a malfunction in the case of a permanent red light.
No obligation to cross at the traffic light as a pedestrian
Incidentally, in this constellation, the cyclist is not obliged to dismount and cross the intersection using a pedestrian crossing light located on the right-hand side and equipped with a request button. The person concerned was not participating in traffic as a pedestrian, but as a cyclist.
If you are subject to a fine for an alleged red light violation, 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.