Stress in traffic - car drivers chase cyclists: This is the legal situation

A video of a bike ride, recorded with a handlebar camera, quickly went viral: it was viewed around 300,000 times and has become a sensation, especially among racing cyclists. It shows a car driver overtaking two cyclists, forcing them to brake hard, trying to stop them again a little later and finally forcing one of them off the road with his car. The video was recorded by triathlete Markus Mockenhaupt, who was travelling with a friend on a training lap in the Siegen-Wittgenstein district of North Rhine-Westphalia. When asked by TOUR, he described the incident as follows: "The car driver had overtaken us dangerously close at high speed. My fellow cyclist then gave him the finger. I later shared the video with friends via WhatsApp and someone uploaded it. Later, someone reported the driver to the police. As a result, his driving licence was confiscated for the time being. I then also contacted the police and filed a complaint."

The video: Hunting cyclists

Stress as a road cyclist in road traffic - this is the legal situation

Are mini cameras allowed in traffic?

The use of dashcams or action cams in road traffic is highly problematic in terms of data protection law - with the threat of fines. However, the Federal Court of Justice (BGH) has ruled that recordings from mini cameras can be used as evidence in court in individual cases - even if they actually violate data protection laws. This allows offences to be proven in court in civil proceedings. However, if the recordings also document your own misconduct, it may be disadvantageous to submit the videos. You should therefore check this carefully beforehand.

Is it allowed to put the videos on the internet?

No. Publication without making persons and licence plate numbers unrecognisable and without the consent of those involved is a violation of the right to informational self-determination.

Are cyclists allowed to ride side by side?

Cyclists are allowed to ride two abreast if they do not obstruct traffic. In the current case, the cyclists were even riding behind each other.

How much does the outstretched middle finger cost?

This can be really expensive. In legal terms, showing the middle finger or a bird counts as an offence, which is usually punishable by a fine. The penalty is calculated in daily rates depending on income - between 10 and 30 daily rates are common. In cases of mutual insult, the judge can also acquit both parties involved. The proceedings are often discontinued due to a lack of witnesses.

What is the overtaking distance for drivers?

Cyclists must be overtaken with a minimum distance of 2 metres outside built-up areas and 1.5 metres in built-up areas.