LawyerDr. jur. Ingo E. Fromm, Legal advisor in Koblenz
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Freitag, 30.08.2019

Legal tips for motorcyclists on the road



from
Dr. jur. Ingo E. Fromm
Lawyer
Specialist in criminal law
Specialist in traffic law

Give me a call: 0261 - 404 99 25
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1. What must a motorcyclist keep in mind when being followed for speeding?


There is a widespread misconception that motorcyclists are relatively safe from speeding tickets because, as is well known, license plates are not displayed on the front of motorcycles. However, even without police stop-and-check operations, the "Eso ES 3.0" measuring system, in particular, can now easily convict motorcyclists by taking photos from the front or side and from behind at the same time. This means that both the driver's face and the license plate can be recorded for speeding motorcycles. "Eso" was the first provider to bring digital technology for both directions to market. Measurements can also be taken by a police vehicle following behind (measurement Provida).

2. What happens if the motorcyclist cannot be identified?


Another question, of course, is whether the driver can be identified, which is made more difficult by a helmet being worn and, if the sun is shining, the inner sun visors being lowered. However, if the fine proceedings are dropped, the owner faces the order to keep a driver's logbook in accordance with Section 31a of the German Road Traffic Act (StVZO).

In the worst case, there is even the threat of a search warrant, so the police can search the motorcycle owner's home for the leather suit and check to see who it belongs to.

3. What is the correct behavior for a motorcyclist in a traffic jam on the highway?


When there are traffic jams on the highway, some motorcyclists are tempted to weave in and out between the cars in order to escape the traffic jam more quickly.

However, motorcyclists in Germany risk a fine and a point in the FAER if they overtake in the emergency lane, because driving between two lanes is an administrative offense; namely, overtaking on the right is not allowed, § 5 I StVO, because he overtakes the cars on the left on the right.

In Germany, the only legal option would be to drive extremely close to the left-hand side of the central reservation on the highway to pass stationary cars, but this usually fails because the safety distance of at least one meter cannot be maintained. The hard shoulder is also not the right way to move forward in traffic, as this is also subject to a fine.

4. Where can you park in built-up areas?


Generally wherever car drivers are allowed to park. There is no special status for motorcycles. In particular, you are not allowed to park on sidewalks, although this is tolerated in many places.

If you park in a metered area, motorcyclists must also pay for parking and attach a parking ticket to the machine, e.g. with tape on the headlight.

A parking disc may also need to be attached to the motorcycle.

The video was first broadcast on TV Mittel rhein and Westerwald-TV.

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.