Driving on the hard shoulder poses various risks for road users. A hard shoulder is usually separated from the carriageway by a solid white line. The following article deals with the rules and prohibitions set out in the road traffic regulations.
Prohibition of driving on the hard shoulder on highways
Driving on the hard shoulder is one of the bad habits on German motorways, for example, in order to get ahead more quickly in a traffic jam that occurs before a motorway exit. To do this, some road users drive past the stationary traffic on the side. Section 2 I 2 of the StVO states that hard shoulders are not part of the carriageway. As they are not carriageways, they may not be driven on according to the StVO. In addition, Section 18 (8) of the StVO expressly prohibits stopping on the hard shoulder. This shows that the hard shoulder is only intended for use in emergencies.
Permitted use of the hard shoulder
As a rule, the hard shoulder may only be used to park the vehicle there in the event of a breakdown and to wait for the towing service. Another example of permissible use would be in the event of an accident on the highway when the roadway needs to be cleared.
On some highways, the hard shoulder is expressly permitted by traffic sign 223.1. The sign shows the regular lanes on a blue background and, separated by a line, the hard shoulder, on which a continuous arrow indicates that it is permissible to drive on it. There is then no longer a hard shoulder on this section of the highway. As a rule, such signage is only activated temporarily, namely during periods of particularly heavy traffic, in order to avoid traffic jams.
Justified behavior
Driving on the hard shoulder may be justified for those who continue driving briefly at the end of the merging lane because they have not been able to safely change to the right lane of the highway due to a lack of sufficient space. Therefore, it is only possible to change to the main lane safely at a later point. Until then, the driver may continue driving on the hard shoulder.
Driving on the hard shoulder as a customary right
Another common reason for illegally driving on the hard shoulder in some places is consideration for the flow of traffic. This customary right has developed, for example, at the Koblenz junction on the A48 federal highway towards Dernbach. On weekday mornings, a long traffic jam usually forms on the exit lane towards Federal Highway 9. This traffic jam on the exit lane is so long that it reaches the right lane of the highway. Vehicles therefore drive on the hard shoulder, thereby extending the exit lane, which is far too short. Of course, a structural change would be necessary here. However, the fact that hundreds of vehicles drive on the hard shoulder every week does not guarantee that the police will not initiate fine proceedings against drivers. Apparently, the police tolerate this practice, as no fine proceedings have been reported for this section of the highway. However, an illegal customary right does not protect against fines.
Fines for violations
Driving on the hard shoulder for the purpose of getting ahead faster is extremely dangerous and can therefore be punished with a fine of EUR 75.00 and one point in the FAER (German traffic violation register) in accordance with No. 88 BKat.
Driving on the hard shoulder in built-up areas
In built-up areas, on the other hand, it is generally permitted to stop and park on the hard shoulder, provided that it is paved and does not obstruct other road users. Slow vehicles and bicycles are permitted to drive on the hard shoulder both in and outside built-up areas.
If fine proceedings are initiated against you, it is essential to seek the assistance 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.