Traffic lights stay red: cyclists can cross without punishment!

Traffic lights stay red: cyclists can cross without punishment!

In a moving judgment of the Hamburg Higher Regional Court, a cyclist was spared an initial fine of 100 euros due to a supposed red light violation. Diana Diamant, who had to come across an always red traffic light after a long working day in the dark, ultimately decided to cross the street after waiting for several minutes and did not switch the traffic light to green. In the first instance, the district court had confirmed the allegations against it and imposed the fine, but the situation was far more complex than assumed what the OLG Hamburg now revealed when the verdict tilting, as mdr reported . .

The court found that a permanently red traffic light that was not reactionable due to a technical defect does not have a legal status. Since the traffic light was equipped with a contact loop that may only be recorded by larger vehicles such as cars, it was not recognizable for the cyclist that the traffic light was in function. The OLG argued that the road user is not forced to get off and switch to the pedestrian traffic lights in such a situation, as long as he has been proven to act carefully and that all necessary duties of care were met from the court's point of view. Also Rightmart said that there had been no intentional disregard for the traffic rules, since the plaintiff acted in good faith.

important clarification of red light violations

In this case, it was crucial that it was stated that after a reasonable waiting time at a red traffic light and is convinced of a defect in the light signal system, you do not need to expect a fine. The court made it clear that functioning traffic lights are considered a binding regulation, but the requirements of which are invalid if they do not work properly. This judgment could have far -reaching consequences for future cases of a similar kind and includes important information for cyclists who are in similar situations.