Ampel dispute: cyclist wins in court-no fine!

The traffic light circuit can be a sensitive topic for cyclists: especially if there are technical disorders. A current judgment by the Hamburg Higher Regional Court illuminates the legal aspects of a red light violation that is classified as not intentionally classified under special circumstances.

Diana Diamant, who cycled home late in the evening after a late service, waited several minutes at a red traffic light that did not react. In the dark and in view of the lack of traffic, she decided to cross the street and was caught. As a result, the district court imposed a fine of 100 euros against them due to intentional red light violation. However, Diana Diamant appealed.

judgment of the Hamburg Higher Regional Court

The Hamburg Higher Regional Court found in its decision that the traffic light was equipped with a contact loop that could not be triggered by cyclists. The legal foundations in the event of long -lasting technical disorders also play an important role. It has been made clear that a permanently red traffic light has no legal effect in the case of technical disorders.

The court decided that cyclists: In such cases, in such cases, are not obliged to get off and act as pedestrians: to act inside. It was also found that Diana Diamant had followed the care requirements when crossing the intersection. Even if there is usually a special regulation for drivers: inside, which allows a red traffic light after a long waiting time, this does not apply to cyclists: inside. Nevertheless, the OLG raised the decision of the district court and saw no deliberate violation.

summarized the court that crossing a red light tampel in cases or if you can assume a defect, without consequences, as mdr reported.

In another report by rightmart.de it is noted that the cyclist could not assume a provision, since it was convinced of a technical error and the traffic situation was convincing careful.