E-bikes are very trendy. What many cyclists may not know: Different speed limits apply to them too. If the speed limit is exceeded, it can get really expensive. What to consider.
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Those who cycle to work start the day with fresh blood. It doesn’t get any better than that. Unless you pedaled so hard that you even exceeded the speed limit. Then not only does the adrenaline level in the blood rise, it can also get really expensive. A wide variety of speed limits also apply to cyclists and pedelec riders. Those who comply with them protect themselves and others. Here is an overview:
Cyclists may only ride on sidewalks when accompanied by a child under the age of eight. However, they have to pay special attention to pedestrians and, if necessary, adapt their speed to their walking speed.
There is no general speed limit on cycle paths. This also applies to inner-city roads, because: The 50 km/h limit only applies to motor vehicles.
But the same applies to cyclists in urban areas as to motorized road users: they must be able to control their vehicle in every dangerous situation and brake in good time. This means that you always have to adapt your driving style to the prevailing traffic, visibility and road conditions.
In addition, cyclists must also behave towards children as well as older people and those in need of help in such a way that they are not endangered – in particular by being ready to brake and reducing speed. This emerges from Section 3 (2a) of the Road Traffic Act.
Speed limit for cyclists
Speed limits imposed by traffic signs apply to cyclists as well as to motorized road users. If you are flashed too fast in a 30 km/h zone or a street where walking speed applies, you have to pay your ticket. Provided he or she is pulled out of circulation during a mobile check and the police take their personal details on the spot. It becomes difficult for the police when the cycling racer has triggered a stationary speed camera.
Then it becomes difficult to determine the identity of the hooligans. But if, for example, you are caught by the same speed camera several times on your way to work, you have to reckon with the fact that one day the police may be waiting for you and that there will be a fine. Also, especially in big cities, there are always special checks on cyclists. This is to prevent accidents.
Cyclists generally pay half the fine that a car driver would have to pay for violations. In any case, this applies if the standard rate of fines is over 55 euros and there are no special regulations for cyclists. An example: Anyone who drives at a speed that is not adapted to the traffic conditions and causes an accident as a cyclist pays a fine of 72.50 euros (half of 145 euros) and gets one point in Flensburg.
There are other crimes that involve money. For example, anyone who does not use the cycle path or uses it in the wrong direction and who drives without lights pays a fine of 20 euros. As soon as other people are endangered, it becomes more expensive. Incidentally, hands-free driving costs five euros.
Special case e-bike
A pedelec that still provides electric pedal assistance at speeds of over 25 km/h or an e-bike with an electric motor without pedal assistance are generally considered to be motor vehicles. The same speed limits apply to them as to motorbikes, cars and trucks – including 50 km/h in the city. Cyclists with electric assistance in particular should ride carefully. Unfortunately, while the number of cyclists killed in traffic fell overall in 2021, the same is not true for e-bikers. Traffic experts also attribute this to the fact that older cyclists in particular have fatal accidents.
In general, most bicycle accidents are caused by mistakes when turning, disregarding the right of way and the incorrect use of lanes, cycle paths or sidewalks. Even an unfortunate fall onto a curb or slipping off a tram track can result in serious head and spine injuries. This is another reason why a good helmet is a sensible investment. Even if it is not mandatory in Germany and therefore not legally relevant – it protects against serious head injuries.
Penalty, points, damages
If you fall off your bike or even have an accident, you will quickly be confronted with legal questions, especially if a third party is involved. Did the cyclist take too many risks? Was the cyclist distracted by the cell phone? Who should or could have avoided it – child or cyclist? Not to mention drinking alcohol on Saturday night. From 0.3 per mil alcohol in the blood it is a relative unfitness to drive. A conspicuous driving style or an accident is a criminal offence.
Absolute unfitness to drive is from 1,6 Per mille in front. Whoever rides so drunk is liable to prosecution even without a driving error. It can be expected that a medical-psychological report will be ordered. If this comes to the conclusion that the drunk cyclist is not suitable for driving a motor vehicle, the driver’s license for the car is withdrawn and a blocking period is imposed for the new license to be issued. In individual cases, cyclists have already been given a cycling ban. This can happen if you are repeatedly caught drunk on two wheels.
When traffic legal protection makes sense
If a cyclist is involved in an accident and has sustained injuries as a result, it can quickly mean much more than compensation for a broken bike. Then there are also claims for loss of earnings and compensation for pain and suffering. Traffic legal protection insurance is then a great help. It also offers immediate telephone advice from independent lawyers in the event of bicycle accidents and, if desired, provides support in finding a lawyer on site by recommending specialist lawyers.
For the assertion of claims, the insurance covers the statutory fees for lawyers, court, witnesses and experts as well as for out-of-court dispute settlement procedures.
But it doesn’t have to come to that. The ADFC has compiled the best tips for a safe summer on the bike online in a checklist: https://www.adfc.de/fileadmin/user_upload/Im-Alltag/Fahrradzubehoer/Downloads/210712_Fly_DINlang_Fahrradcheck_web.pdf
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About the author: The legal expert Michaela Rassat has been a lawyer at Ergo Rechtsschutz Leistungs-GmbH since 2005.
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