Up to now it has always been difficult for motorcycle riders to squeeze by alongside a line of cars. One usually gets into trouble with the 4-wheel-drivers. This belongs to the past – at least in Austria. Due to the 20th StVO-novella motor bikers are allowed, similar to bicycle riders, to “squeeze past.”
In paragraph 12 part 5 of the Austrian StVO it is written in black and white:
“When vehicles need to stop at intersections, narrowing roads, railway crossings or anything similar it is allowed that riders of single-track vehicles, which arrive there later, pass alongside or in between the already stopping cars to move up further in the line only if there is sufficient room to pass. Vehicles which got their blinkers on are not to be hindered on their way.”
Unfortunately this rule does not allow just anything. One is ordered to leave enough space in between other vehicles when passing. However that should be easy enough to live with because the stopping vehicles to which one has to keep appropriate space to will have to keep the same space themselves. They are not allowed to endanger or hinder other road users, motor bikers in that case, either. It means the car drivers will have to keep their doors closed otherwise they violate against §23 part 4 StVO.
It is indeed more difficult if someone tries to pass alongside a traffic jam, for example on an autobahn. The law doesn’t exactly say anything about that. Paragraph 12 StVO explicitly talks about already stopping cars which stand in front of an intersection, a road narrowing or a railway crossing. It is certain that the cars have to have stopped already. If they are still moving ever so slowly, for example due to heavy traffic, the motorcycle rider needs to get in line as well. And if the vehicles actually stand in a traffic jam he is only allowed to pass if it is due to a narrowing road, e.g. roadwork. But how is one to tell from far away? The biker is in a catch-22 situation – at least on an autobahn.
According to the Austrian StVO it is only allowed to squeeze or ride past,
if the line of cars has come to a complete stop
if a narrowing lane, an intersection, a road construction or something similar is coming up
if nobody is endangered.
Otherwise one will always have to stand in line just as everyone else. And even though the Austrian traffic rules still restrict the passing it is better than a complete prohibition of the squeezing or riding alongside the line.
Germany on the other hand doesn’t behave as friendly to motorcycle riders as the Austrian’s do. Here it is considered a violation of the traffic regulations to pass alongside stopping cars and it is further treated as if someone is passing on the right side (§5 STVO). If one is caught for this offence one will have to pay fines or ones driving license will be suspended.
In the section about “passing” in annex 1 (of § 1 part 1) in the list of penalties (Bkat) one will find out just how much the fines will be for this offence. The Euro will add up easily. The span is between 30 to 75 Euros. If another road user is endangered or if property is damaged (point 19.1 Bkat) the punishment are 125 Euro and the license gets suspended for one month.
Thank goodness that the policemen oftentimes don’t want to teach the bikers a lesson and turn a blind eye to them. But the law is the law even if one wishes it could be different. As the institute for safety on two wheels told us there had already been a discussion about the loosening of for example the no passing of stopping traffic regulation. Without any success so far.
The Swiss biker community has to suffer the same destiny as their German neighbors. Their list of penalties states: One will have to pay 60 Swiss Franc if “a motorcycle rider does not keep his place in line when the traffic isn’t moving (paragraph 47 part 2 SVG)".
An impressive 140 France penalty will have to be paid “for passing on the right; swinging out and turning back on roads with multiple lanes within built-up areas (paragraph 8 part 3 VRV)".
Thank goodness that the Swiss don’t take it all that serious. The police don’t have that much time to take care of incidents like this – as the TCS TouringClub Switzerland told us.
Hope is the last to die, it is said. The Austrian paragraph sparks might maybe kindle a row of discussion in the other countries as well.
