Those who work with the Racing bike travelling on the roads (and cycle paths) should know their rights, among other things. Different questions arise here, especially in "normal everyday life". It is therefore all the better to inform yourself in advance in order to be on the safe side - perhaps even in the event of a dispute.
But of course it is not only an advantage to be optimally prepared with regard to disputes. In this section, TOUR looks at some legal tips that every road cyclist should know in order to enjoy their hobby and passion a little more fully and safely.
Incidentally, some of the following "tips" are not actually tips, but rather legal requirements.
Tip no. 1: Always maintain the specified minimum distance
This is a law that applies not only to road cyclists, but also to motorised road users: the minimum distance must of course always be maintained.
But what if the slipstream is tempting and invites you to make optimum overtaking manoeuvres? The same applies in this case: please keep your distance! The minimum distance of one metre must not be exceeded. If you nevertheless drive too close and perhaps even provoke an accident, the chances of being able to claim compensation from the vehicle in front are relatively small. At least if it is clear from the situation that the driver behind was primarily concerned with travelling fast, the claim is forfeited.
The dangers of failing to maintain the minimum distance should not be underestimated. If the first rider crashes, this can lead to a pile-up.
Tip no. 2: Obtain detailed information on the obligation to use cycle paths
Many road cyclists are familiar with this point of contention. They are asked by car drivers to "please ride on the cycle path" because "it's there!". Strictly speaking, this is one of the biggest misconceptions of all. Not every cycle path that is there has to be used. Rather, there are three exceptions in which it is permitted to cycle on the road.
Incidentally, many racing cyclists are also affected by the first point.
Exception no. 1: It is a group of 16 or more persons
If you are travelling with 16 or more racing cyclists, you are allowed to ride in two lanes next to each other on the carriageway.
Exception no. 2: Road cyclists want to turn left
Road cyclists (or cyclists in general) who want to turn left are also authorised to leave the cycle path. Of course, it is important to be careful here and allow oncoming traffic to pass. It is then permitted to use the turning lane on the road - of course in compliance with all traffic regulations.
Exception no. 3: The cycle path cannot be used because its condition is too poor
Not every cycle path is in perfect condition. If it is too dangerous to ride here, road cyclists are also permitted to ride on the road.
However, what is still "passable" and "reasonable" is a kind of legal grey area. In extreme cases, a court will decide who is in the right or who will be found in the right. A prognosis is simply not possible here. While many courts now rule in favour of racing cyclists, there are others who would rather expect cyclists to stay on the cycle path - albeit at a significantly reduced speed.
Tip no. 3: Take out private accident insurance
Many employees love to ride their road bike to work and get some exercise during their lunch break.
However, if an accident occurs in the latter case, it is neither a commuting accident nor an accident at work. If you want to be on the road here, you not only have to clock out, but should also think about taking out private accident insurance. Otherwise, an accident can quickly result in financial losses.
Of course, it also makes sense to focus on one of the most important factors of all: communication with the employer. Although they are not authorised to prohibit their employees from pursuing their "dangerous" hobbies, they will then know that the lunch break may be used to actively switch off a little.
Tip no. 4: Use a racing bike as a company bike (if possible)
It is often forgotten, but it is possible in many cases: even sporty bikes can be leased and used as a company bike can be used. However, there are a few points to bear in mind here. In general, this is a newer regulation that has only been available since 2012. One particular advantage is that, unlike company cars, these company bikes can be used privately without restrictions. Taxation is based on a flat rate and is therefore easy to calculate.
Those who are interested in a comparatively expensive bike usually benefit from the highest savings potential here. The exact amount that can be saved depends on various details, such as salary and tax class. Many leasing contracts even include fully comprehensive insurance. However, competitions are often not covered. It is therefore worth taking a closer look here.
Do you have to insure your racing bike?
In general, nobody is obliged to insure their racing bike against damage, vandalism, theft and the like. Ultimately, household contents insurance, which often includes a certain "basic insurance" for bicycles, is not compulsory insurance. Nevertheless, it is of course reassuring to know that the bike is covered in the event of damage. Particularly comprehensive protection is usually provided by special Comprehensive insurance for bicycles. The premiums here are usually higher than those for household contents insurance, but offer more comprehensive cover.
But even here, disputes can arise time and again in everyday life - especially if the insurer is of the opinion that it does not want to cover a claim because it is not covered by the respective conditions. In case of doubt, the only way out is often through a lawyer. Disputes with the insurance company are not uncommon, but are often decided in favour of the policyholder if they can clearly define the facts of the case and prove that they are in the right.
What are the legal principles to be observed in connection with cycling accidents?
Anyone who has been travelling on a road bike, has been involved in an accident and would like to find out about their rights can benefit from various points of contact. Many details on this can be found in the StVO, but also in the BGB. The relevant legal texts, for example, refer to:
- Any claims for compensation
- Liability
- Compensation for pain and suffering
- Force majeure
- Exemption from liability
- Cyclist personal liability
received. But be careful! Every accident - regardless of whether it occurred on the carriageway or on the cycle path - must be assessed separately. Anyone who is unsure about this should seek legal advice from a lawyer specialising in traffic law. Particularly if it is clear that you will be cycling several kilometres a year on a wide variety of routes, it makes sense to consider taking out traffic law insurance.
