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JOHN S. ALLEN'S BICYCLE FACILITIES, LAWS AND PROGRAMS PAGES |
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Top: Home Page Up: Bicycle sidepaths Contact John S. Allen by e-mail |
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This page is a translation of the page (in German) "Radwege, rechtlich" by Bernd Sluka.
Translation by John S. Allen, August 16, 2003; updated October 22, 2006.
Use of sidepaths designated using signs number 237, 240 or 241
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is mandatory. Cyclists are required to use these. This is true of
bikeways to the right of the roadway as well as those to the left. In particular, cyclists
may only ride on the left (in the "wrong" direction)
if a bikeway is designated with signs for travel in this direction.
Mandatory use is troubling, because it is generally more dangerous to ride on sidepaths than in the streets. This is especially true of sidepaths on the left side of the street, where the crash risk is nearly twelve times as high.
The sign must be repeated after an intersection. If it is not, the mandatory bikeway use ends, as the ends of bikeways need not be specially indicated.
However, even sidepaths with signs indicating that they are mandatory need not be used under certain conditions. The exceptions, however, do not conform to the minimum requirements which have been set forth by changes in the national traffic laws. The minimum requirements affect only what governments must do, and describe to them when they may designate a sidepath and make its use mandatory. The requirements have no effect on the individual cyclist, who can, as a start, rely only on the presence or absence of a bikeway sign.
Exceptions to mandatory use have, however, been known for years through case law. Three conditions must be met for use to be mandatory. A path must be:
usable and
If a sidepath fails to meet even one of these criteria, its use is not mandatory. Riding on the roadway is then permitted even if there is a designated sidepath.
along a street:
Sidepaths are not along a street if, for example, they are too far from the roadway (this
is naturally not a clear criterion) or when they do not have the same priority at
intersections as the parallel street. Paths which are far from a parallel street or whose
route is entirely independent of streets are not considered to accompany streets.
usable:
Sidepaths are not usable for example, if they
do not lead in the direction the cyclist intends to go (including, for example, the case in which a cyclist wants to turn left but there is no special bicycle route through the intersection; in this case, the cyclist may leave the sidepath at a correct location before the intersection.)
are blocked by parked vehicles or other obstacles (for example, trash cans) or "crowds" of pedestrians walk on them, so they can not be used for bicycling,
are blocked in another way (for example, by piles of plowed snow), but also
are covered with snow, but the street has been cleared.
The blocked section is not mandatory, but also it is not necessary to switch back and forth between the sidepath and the roadway; rather, the cyclist should find as safe a place as possible to leave the sidepath before the obstacle, and a safe place to return to the sidepath. If the sidepath is unusable every couple of hundred meters, then it need not be used at all, because a repeated and therefore somewhat hazardous change of route can not be considered reasonable.
In this case, it is irrelevant whether the sidewalk is available, as cyclists must not ride on sidewalks, or even take detours on them. It is only legal to use the roadway or push the bicycle on the sidewalk -- and the latter, only if no problem is created for pedestrians. In any case, it is legal to walk with a bicycle in the street, as well as to ride.
What is "reasonable" can not be precisely defined. Certainly, under § 3 StVO a bicyclist is required to ride no faster than is safely allowed by conditions A poor surface (for example, rough pavement, slippery leaves, trash) is not enough by itself to disqualify a sidepath. If, however, it is not possible to compensate for the condition by adapting the style of riding, then use of the sidepath is unreasonable, and can not be mandatory.
What is "unreasonable" can possibly best be determined depending on whether the designated route can be conceived of as appropriate. This criterion excludes short stretches of sidepaths on the left side from mandatory use (because in this case, it is necessary to cross the roadway, and so a definite danger is created), and also repeated alternation between sections of mandatory sidepath and the roadway, or between sidepaths on the left side and right side.
Broken glass, trash, etc., for example, which lead repeatedly to tire punctures also should not be accepted. The mandatory use requirement ought not to be followed under such conditions, because the demand made of the cyclist is so out of keeping as to be invalid.
Concerning the exceptions from mandatory use, see also Wolfgang Strobl's "50 reasons to avoid cycle paths", which can be understood as a collection of creative interpretations of the exceptions described above.
"Irregular sidepaths" are paths which "are recognizable as appropriate for bicycle use", but are not designated as such. Those on the right side of the street may be used by bicyclists, but use is not mandatory. It is illegal to ride on such paths on the left side of the street.
It is not entirely clear how the designation as "recognizable" is established. It is clear that there must be a physical separation between the sidepath and the road on one side, and between the sidepath and any sidewalk on the other side. It is not sufficient to color the path differently, or to use a simple, white dividing stripe. In some cases, bicycle symbols painted on the surface, or display of Sign 237, may indicate an irregular sidepath.
Similar rules apply to bike lanes on the roadway (separated by surface marking 295 -- a wide line denoting the edge of the travel lanes). In particular, the use of a bike lane is mandatory only when indicated by signs. The surface marking is not sufficient to indicate mandatory use (see also § 42 Abs. 6 Nr. 3 StVO); there must also be a sign. If there is no dividing stripe, the sign has no prescriptive effect; nonetheless, the sign is necessary to establish the mandatory use requirement, which depends only on the signage.
Protective strips (Schutzstreifen), better called Recommendation strips "Suggestivstreifen", are strips which are for the most part very narrow and are separated from the roadway by pavement marking 340 (guide stripe; dashed line). They may be indicated using bicycle symbols as well. They are intended to protect bicyclists, but like sidepaths and bike lanes, they often have the opposite effect.
Protective strips are similar to other bikeways, and may be used if wide enough. "Wide enough" means, above all, that it is not necessary to ride too close to the edge of the roadway, or within range of opening doors of parked cars. Case law prescribes specific shy distances away from sidewalks and parked vehicles (in the latter case, at least one meter, and with sidewalks, 70 to 80 cm.) If these distances can not be maintained within the protective strip, it is permitted to ride alongside them to their left. The requirement to keep to the right is intended primarily to protect traffic coming from the opposite direction, not to force vehicles to travel at the extreme right edge.
Unlike with bike lanes, other vehicles may merge into the protective strip; for example, when they can not otherwise pass oncoming traffic. However, they may not do this in such a way as to endanger bicyclists. Observation of actual street traffic makes it questionable whether this requirement is followed in practice.
Shoulders are strips at the right edge of the roadway, indicated using marking 295 (Roadway edge; solid line) but not designated as bike lanes (by means of signs). Bicyclists may ride in them, if not causing problems for pedestrians. Farm vehicles, tractors and other slow vehicles must use them. In particular, standing and parked vehicles must use them.
Sidewalks may be indicated with sign #239 (pedestrians). Supplementary sign 1022-10
indicates that bicycling is permitted, but only in the indicated direction.
On such sidewalks, bicyclists are tolerated, as guests of the pedestrians. Cyclists must ride at no more than a walking speed and must pay attention to pedestrians.
(1) Vehicles must use the roadway. On a street with a median, vehicles must use the roadway on the right. Shoulders are not part of the roadway. .
(2) It is required to keep as far right as possible not only when there is oncoming traffic, but also when being overtaken, at hillcrests, in curves and when sight conditions are poor.
(4) Cyclists must ride single file; they may ride side by side only when traffic is not impeded. They must use sidepaths designated for their direction of travel using signs 237, 240 or 241. They may use a sidepath on the right side of the street when it is not so designated. They may also use a shoulder on the right side if there is no sidepath and pedestrian use is not impeded. This is true also of mopeds when being propelled only by pedaling.
(5) Children through the end of their 8th year are required to, and through the end of their 10th year are permitted to ride bicycles on sidewalks. They must pay special attention to pedestrians. Children must dismount to cross roadways..
(2) [...]
5. special routes
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These signs may be on either the right or the left. The images on signs 237 and 239 may
also be combined on a single sign, separated by a vertical white stripe. A combined
bikeway and sidewalk can be indicated by a sign that has the corresponding images
separated by a horizontal white stripe. The "pedestrian" sign is used only where
a clarification is needed. A supplementary sign may be used to indicate that a mopeds are
permitted to use a bicycle sidepath.
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The signs indicate:
a) Bicyclists, equestrians and pedestrians must use the special facilities provided for them. Other traffic may not use them;
b) a moped rider who is propelling the moped by pedaling must use the sidepath;
c) on a combined bikeway and footpath, bicyclists and drivers of motorized two-wheeled vehicles must take care around pedestrians;
d) horses may be ridden on equestrian paths;
e) if sign 239 is posted along with a supplemntary sign permitting vehicular traffic, then it is permissible to ride only at pedestrian speed;
f) If sign 237 is posted along with a supplementary sign permitting other vehicular traffic, then it is permissible to drive only at a moderate speed.
(6) [...]
1. Guide stripe
g) If a protective strip for bicyclists is designated at the right side of the roadway, then other vehicles may merge into it as necessary; however, bicyclists may not be endangered. The protective strip may be indicated with pavement markings (image of "bicyclist", § 39 paragraph. 3).
2000-12-01 (© Bernd Sluka), most recently revised 2006-07-14
This text may be freely copied, linked and distributed, as long as the citation is complete,
unchanged and includes author contact information.
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