The motorcycle season begins and, like every year, one wonders what regulations and fines actually apply to violations of the StVO from the perspective of a motorcyclist? In 2020 there should be a reform in the area of the Fine Ordinance, which has been withdrawn. What is the current standing? Which regulations apply now? And why was the fine reform withdrawn? Here is a summary.
Which rules currently have to be observed in the Motorcycle Road Traffic Act 2021
First things first: for motorcyclists there is no own Catalog of fines. The same rules of the road traffic regulations apply to them as to all other road users. If you violate this ordinance, you will receive various warnings, which can be found in the applicable catalog of fines. These include fines for minor offenses and points in Flensburg or withdrawal of the driver's license for serious violations.
The following points are particularly important for motorcyclists:
- Motorcycle lighting: You are only really safe on the road if there is functioning lighting on the motorcycle. In addition, it should be ensured that the indicators and headlights not only work, but are also visible and cleaned.
- Speed limits: It is also important for motorcyclists to stick to the respective limits. Otherwise, depending on whether the specified speed limit is exceeded, there is a risk of fines as well as points in Flensburg and withdrawal of the driver's license. In addition, the risk of injury if the limits are not adhered to and the resulting accidents are known to be higher.
- Changes to the motorcycle: Who that Motorcycle tuned or otherwise changed, this should be approved by the TÜV in order to obtain an unrestricted operating license (and insurance cover). The changes are entered in the registration certificate, part one. This includes above all changes to the lighting, the exhaust system, as well as all attachments and modifications that affect the dimensions of the motorcycle
- Helmet compulsory: A suitable motorcycle helmet must be worn when riding a motorcycle. Which type of helmet you prefer (open-face helmets, flip-up helmets, full-face helmets, etc.) is secondary, as long as the helmet is safe and meets the relevant standards.
- Stopping and parking violations: Special regulations also apply to stopping and parking. For example, it is not allowed to park a motorcycle on the sidewalk.
In addition, the rules for the protection of cyclists and pedestrians from the new road traffic regulations are still in effect and must therefore be complied with. This includes, for example Minimum overtaking distance by two meters out of town and 1,5 meters in town for overtaking pedestrians and cyclists.
What costs are to be expected according to the 2021 catalog of fines?
In the current fine catalog 2021, which is the fine catalog in corresponds to the amendment to the road traffic regulations (before the planned reform), all costs and consequences that must be expected in the event of violations are to be found. Here is an excerpt of the offenses that mainly affect motorcyclists:
- Driving without hands on the wheel: five euros
- Travel without helmet: 15 euros
- meandering through the traffic jam in town: 30 euros
- meandering through the traffic jam out of town: 100 euros and one point
- Unlawful use of the emergency lane: 240 euros, two points in Flensburg and a one-month driving ban
- Parking a motorcycle on the sidewalk: 55 euros
- Disregard of traffic signs: 20 to 25 euros
- Carrying a child without a helmet on the motorcycle: 60 euros
What the amendment to the Highway Code contained and why it was reversed
The amendment to the Road Traffic Act at the end of April 2020 stipulated, among other things, higher sanctions for speeding and rules to increase the safety of cyclists and pedestrians in order to avoid them in the future.
However, because the regulation did not mention the legal basis for the new driving bans, it was to be regarded as null and void and was therefore reversed. The federal government then demanded that the federal states suspend the new regulations. The old catalog of fines was therefore applied again in many federal states.
The amendment to the road traffic regulations included, for example, an increase in the fine for exceeding the speed limit, driving on the emergency lane and parking vehicles on sidewalks.
What exactly has changed in the fines catalog for motorcyclists in 2021?
Strictly speaking, most of the consequences of the violation of the road traffic regulations have actually remained the same compared to 2020 due to the withdrawal of the StVO reform.
However, spectators in traffic accidents now have to expect a heavy fine or imprisonment for a maximum of two years if, for example, accident pictures are taken of the deceased. Previously, this principle only applied to recordings of living people, which can have an embarrassing effect.
Conclusion
Even if there have only been a few changes in the catalog of fines in 2021, motorcyclists should keep themselves informed in order to stay up to date. Although the 2020 reform has been withdrawn for the time being due to the lack of a legal basis, it is not unlikely that a new reform will take place in the foreseeable future.
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Maria Holler
Maria Holler - Maria has been contributing her expertise in the area of "Laws & Legal" to tuningblog.eu since 2014. As a lawyer with a passion for the automotive world, she combines her specialist knowledge with her interest in tuning and vehicle adaptations. She ensures that readers are always informed about the latest legal framework. In her free time, she is intensively involved with legal regulations in road traffic, which makes her an indispensable resource for the tuning community.