Dos and don'ts for pedestrians and cyclists
Last year 64 people in Munich died in traffic-related accidents. Of these, 16 were cyclists and 17, pedestrians. There is little doubt that if the traffic rules (of which there are many) were followed more carefully, this figure would be considerably lower. This month we look at these rules and at what happens if you break the law as a pedestrian or a cyclist (referred to in German as “unprotected traffic participants”— ungeschützte Verkehrsteilnehmer) and are lucky enough just to get away with a warning or a fine. German law specifies two types of offence: the so-called Ordnungswidrigkeiten, which relate to law infringement, and Straftaten, which cover criminal offences. It is the former that mostly concerns us here. Some of the most common infringements and their related fines include crossing a red light either on foot or by bike more than one second after a traffic light has changed to red (€ 62.50), cycling along the cycle path in the wrong direction (€ 15), using a mobile phone while cycling (€ 15), traveling by bike on the wrong side of the street (€ 10) and not having lights on your bicycle (€ 10). If you are caught perpetrating any of these offences, the police will first of all tell you what it is you are being accused of, then either charge a fine (Geldstrafe), which can be paid on the spot if the sum is € 40 or less—after which you will be allowed to continue on your way. Or, if the offence is minor and the policeman deems you remorseful (einsichtig), you will simply be given a warning (Verwarnung). Should you disagree with the officer about the offence or be unable to pay on the spot, or should the fine be more than € 40, then fine proceedings (Bussgeldverfahren) will be initiated. You can either pay once you receive the fine by mail or, if you wish to dispute the matter, go to court. Stubborn offenders, by the way, may find themselves not only having to pay a fine, but may also be ordered to attend two hours of traffic instruction (Verkehrsunterricht). For more information on traffic rules for cyclists, check out the MUNICH FOUND article “Vicious Cycle,” which can be found using the search function in our online archive at www.munichfound.com. Traffic-related offences that belong in the criminal category include abusive or violent behavior and cycling while under the influence of alcohol (though the police will not go out of their way to track down drunken cyclists, who would have to have a considerably higher alcohol level in their blood to be apprehended than if they were driving a car—1.6 pro mille for cyclists as opposed to 0.5 for drivers). Criminal offences are, not surprisingly, treated more seriously than law infringement and here, the police have no discretionary powers. In criminal cases, a report would first be filed on the offence (Anzeige erstellen) and would then be submitted to the Public Prosecutor’s Office. The offender would then be informed of their punishment (Strafbefehl) or, if the matter were deemed serious enough, a court case (Gerichtsverhandlung) would be initiated. Offenders can also be punished by having points (Punkte) put on their driving licence. The point system, which is managed by the Federal Transport Authority (Kraftfahrtbundesamt) in Flensburg, can be used either for criminal offences or for law infringement. In the case of the former, you will be given points whatever the offence—cycling while drunk will get you seven points, for example. For law infringement, you may receive points for any offence that has a fine of more than € 40. The Federal Transport Authority has a list of points and the respective penalties, as well as information on how the point system works (in German) on their Website at www.kfz.de/recht/punkte-in-flensburg-abbauen.php. Finally, our thanks to Mr. Notka from Munich Police Headquarters, a veteran of the struggle to educate cyclists and pedestrians about traffic dangers, who provided much of the information in this article.