Motorcycle tours are not prohibited in lockdown

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Motorcycle tours are not prohibited in lockdown
Klaus H. Daams

Motorcycle tours are not prohibited in lockdown

Motorcycle tours are not prohibited in lockdown

Motorcycle tours are not prohibited in lockdown

Motorcycle tours are not prohibited in lockdown

16 pictures

Motorcycle tours are not prohibited in lockdown
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Baden-Wurttemberg: Contact restriction – jaunts allowed.

Motorcycle tours are not prohibited in lockdown
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Bavaria: Exit restriction – jaunts not allowed.

Motorcycle tours are not prohibited in lockdown
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3/16
Berlin: Exit restriction – jaunts not allowed.

Motorcycle tours are not prohibited in lockdown
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4/16
Brandenburg: Exit restriction – jaunts not allowed.

Motorcycle tours are not prohibited in lockdown
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5/16
Bremen: Baden-Wurttemberg: contact restriction – jaunts allowed.

Motorcycle tours are not prohibited in lockdown
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6/16
Hamburg: Contact restriction – jaunts allowed.

Motorcycle tours are not prohibited in lockdown
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7/16
Hessen: contact restrictions – jaunts allowed.

Motorcycle tours are not prohibited in lockdown
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8/16
Mecklenburg-Western Pomerania: Contact restriction – jaunts allowed.

Motorcycle tours are not prohibited in lockdown
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9/16
Lower Saxony: contact restrictions – jaunts allowed.

Motorcycle tours are not prohibited in lockdown
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10/16
North Rhine-Westphalia: contact restrictions – jaunts allowed.

Motorcycle tours are not prohibited in lockdown
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11/16
Rhineland-Palatinate: contact restrictions – jaunts allowed.

Motorcycle tours are not prohibited in lockdown
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12/16
Saarland: Exit restrictions – jaunts not allowed.

Motorcycle tours are not prohibited in lockdown
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13/16
Saxony: Contact restrictions – jaunts allowed.

Motorcycle tours are not prohibited in lockdown
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Saxony-Anhalt: Exit restrictions – jaunts not allowed.

Motorcycle tours are not prohibited in lockdown
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15/16
Schleswig-Holstein: contact restrictions – jaunts allowed.

Motorcycle tours are not prohibited in lockdown
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Thuringia: Contact restriction – jaunts allowed.

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Motorcycle tours are not prohibited in lockdown

Motorcycling in Corona times
Motorcycle tours are not prohibited in lockdown

All over Europe, measures to contain the corona pandemic are being ordered again. Strictly speaking, motorcycle tours are not prohibited in any German federal state.


Dina Dervisevic,

Uli Baumann,

Gerd Stegmaier

11/06/2020

A reader asked us whether you could still ride a motorcycle in the Lockdown light. Yes, motorcycling is not prohibited in any German federal state. As for everyone else, the ban on accommodation and the obligation to quarantine when returning from a risk area apply. And the German government’s admonition not to travel unless it is absolutely necessary.

Message about lockdown in spring (last update May 6, 2020)

Contact and exit restrictions will be further relaxed, Bavaria will lift its exit restrictions completely on May 6, 2020, in Saarland the exit restrictions were overturned by the Federal Constitutional Court on April 29. In the following we list the relevant rules for motorcyclists in the respective federal states.

Exit restrictions applied in Bavaria, Saarland, Saxony, Saxony-Anhalt, Brandenburg and Berlin. There had to be an important reason to leave the apartment. Each federal state regulates these reasons in its own regulation, which makes the whole thing extremely confusing. In addition, there are often no clear prohibitions formulated, which in turn makes it clear that most of them are “Motorcycle tour bans” were gray areas or commandments. The Bavarian police put it most clearly: “The police are required to check compliance with the exit restrictions. In the event of a control, the relevant reasons must be made credible by the person concerned”. And: “This does not mean that you are allowed to go on private jaunts by car or motorcycle.”

Lawyers disagree

In Saxony-Anhalt, too, the declaration by the Ministry of Social Affairs was unequivocal: “Motorcycle excursions, e.g. through the Harz mountains, are counted as leisure trips, which unfortunately are currently not possible. Please postpone such excursions to a later date.” If she “Prohibitions” Having a stable legal basis is not that easy to argue with. Lawyers argue whether the regulations of the federal states were lawful or not. In the other ten federal states there was / is only a ban on contact – motorcycle tours were therefore never prohibited in Baden-Wurttemberg, Bremen, Hamburg, Hesse, Mecklenburg-Western Pomerania, Lower Saxony, North Rhine-Westphalia, Rhineland-Palatinate, Schleswig-Holstein, Thuringia.

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Baden-Wuerttemberg

Motorcycle tours were and are allowed in Baden-Wurttemberg.

Bavaria

On May 5th, 2020, Bavaria’s Interior Minister Joachim Herrmann announced: “With the lifting of the general exit restrictions, from Wednesday, May 6th, motorcycle tours are again possible without having to leave the apartment for a valid reason.” In Bavaria, leaving the house was only allowed for valid reasons (work, shopping, visits to the doctor, helping others, exercising in the fresh air). This meant that journeys by car were also earmarked for a specific purpose, which at first glance seems absurd since there is no risk of infection on the motorcycle, for example.

Berlin

Motorcycle tours were and are not explicitly prohibited. But as in Bavaria, there were strict exit restrictions in Berlin – there always had to be an important reason to leave the apartment.

Brandenburg

As in Berlin and Bavaria, an important reason was necessary in Brandenburg to be able to leave the apartment. It is now not the time for tourist excursions and we ask that excursions be made in the vicinity of your home if possible. Contact with other people should be avoided, according to Gabriel Hesse, spokesman for the Brandenburg Ministry for Social Affairs, Health, Integration and Consumer Protection. But here, too, the following applies: motorcycle tours were and are not explicitly prohibited.

Bremen

Motorcycle tours were and are allowed in Bremen.

Hamburg

Motorcycle tours were and are allowed in Hamburg.

Hesse

Motorcycle tours were and are allowed in Hessen.

Mecklenburg-Western Pomerania

Motorcycle tours were and are allowed in Mecklenburg-Western Pomerania.

Lower Saxony

Motorcycle tours were and are allowed in Lower Saxony.

North Rhine-Westphalia

Motorcycle tours were and are allowed in North Rhine-Westphalia.

Rhineland-Palatinate

Motorcycle tours were and are allowed in Rhineland-Palatinate.

Saarland

Motorcycle tours are allowed in Saarland. They were not expressly prohibited even during the exit restrictions. In addition, the Saarland Constitutional Court overturned parts of the exit restrictions on April 29, 2020 with immediate effect after a citizen who saw his fundamental rights curtailed lodged a complaint.

Saxony

The exit restrictions in Saxony were in effect up to and including April 19, 2020. After that, there was no longer any need for a valid reason to be allowed to leave the house. Motorbike tours can therefore be done again without any problems.

Saxony-Anhalt

Saxony-Anhalt also loosened the exit restrictions. Previously, travel was not allowed for leisure reasons. Shortly before Easter, the Ministry of Social Affairs of Saxony-Anhalt commented on motorcycle tours as follows: “Motorcycle excursions, e.g. through the Harz mountains, are counted as leisure trips, which unfortunately are currently not possible. Please postpone such excursions to a later date. Anyone who rides a motorcycle for professional, commercial or family reasons can of course continue to do so.”

Schleswig-Holstein

Motorcycle tours were and are allowed in Schleswig-Holstein.

Thuringia

Motorcycle tours were and are allowed in Thuringia.

That’s what the lawyer says

On March 27th, MOTORRAD made a legal assessment of whether motorcycle tours are still legally permitted with the exit restrictions. 2020 with Thomas Kummerle (specialist lawyer for criminal law) von Glienke & Kummerle @ Chancellery Hoenig Berlin obtained:

It depends on which state you are driving in. The same rules do not apply in all federal states. Currently only Bavaria and Saxony have regulations in the sense of an exit restriction that go beyond the measures of the other states to restrict contact. According to the state regulations with contact restrictions, you should stay in your apartment at all times and have to minimize contact outdoors. On the other hand, if there is an exit restriction, one has to stay in the apartment at all times, unless there are valid reasons that allow leaving the apartment.

The reasons for leaving the apartment in federal states with exit restrictions can be found in the respective state ordinances. In general, commuting to work is permitted, shopping, visits to the doctor or individual sport and exercise in the fresh air. In the case of an exit restriction, staying in the open air is only permitted alone or with members of your own household, sufficient distance must be maintained; In the countries with restricted contact, it may also be another person who does not live in the household. If the exit restriction is ordered, the existence of a valid reason in the event of a check must be made credible to the police and the responsible regulatory authorities. In the countries with contact restrictions you do not have to prove a valid reason, if necessary only whether the accompanying persons belong to the household.

The federal government only provides guidelines

These federal state regulations have their legal basis in Section 32 of the Infection Protection Act (IfSG). According to this, the federal states are allowed to issue corresponding orders and prohibitions to combat communicable diseases through statutory ordinances. The IfSG forms the basis, the precise design then takes place in the regulations of the federal states. One “Federal regulation” Incidentally, there are none, the federal government has only given guidelines that the states have implemented in the ordinances or tightened in Bavaria and Saxony.

Sport is not motorcycle sport

Leisure time with the motorcycle does not appear in any of the regulations. Individual sport and exercise in the fresh air means physical activity, not motorcycling. You are allowed to go to work and to go shopping by motorcycle, so there is no driving ban. In the countries with exit restrictions, however, unprompted journeys with motor vehicles are prohibited. However, it would certainly not occur to anyone to stop a driver to ask about the purpose of their journey. In the case of motorcyclists, however, as controls in Bavaria show, one seems to assume that they are only on the road for fun. Perhaps a weighty argument against a tour would be the risk of an accident that could cause injuries and block urgently needed capacities in the hospital.

No trip without a good reason

Anyone who is checked in the federal states with exit restrictions and cannot give a valid reason for their journey, i.e. has violated the respective state ordinance, must expect consequences. Violations of orders under the Infection Protection Act are classified as an administrative offense or – in serious cases – even as a criminal offense. The catalog of administrative offenses is long (Section 73 (1a) No. 1 to 24 IfSG) and there is a risk of fines of up to 2,500 or 25,000 euros (Section 73 (2) IfSG). Individual federal states have already passed catalogs of fines. In the event of a criminal offense, a fine or even a prison sentence of up to a maximum of five years can be imposed (Sections 74, 75 IfSG). Anyone who demonstrably spreads the virus through a violation must in any case face a prison sentence (three months to five years) (Section 75 (3) IfSG).

There is a dispute over legality

There is no general answer to the extent to which a fine or a criminal proceeding can be successfully prosecuted. As with the fine for exceeding the speed limit or the criminal proceedings for allegedly illegal street racing, it depends on each individual case and the skills of the defense attorney. The lawyers are already arguing whether the regulations of the federal states are legal or not. At least in Bavaria, a lawsuit before the administrative court against the exit restriction was successful, even if only for a short time. The bans, initially designed as a general decree, were hastily passed as a statutory ordinance. Whether that was also legal remains to be seen.

So much for Thomas Kummerle’s assessment. MOTORRAD thanks you.

Motorcycling in other EU countries

Most recently, Belgium put a stop to recreational bikers who still did not understand the point of these regulations. With its decree, which came into force on March 18, the Belgian government explicitly forbids trips by motorcycle and other motorized two-wheelers that are not absolutely necessary. However, the driving ban also affects motorists to the same extent. The convertible jaunt is also taboo. Trips to work or to the doctor are still excluded. The order is currently limited to April 5. The Belgian government also reminds you of the penalties that apply to the conditions imposed. The fines for violations are between around 200 and almost 4,000 euros. A prison sentence of between eight days and three years is also possible.

France, Spain, Great Britain and Italy had also made it clear beforehand that trips by car and motorcycle should be limited to the bare minimum. No jaunts are tolerated here either.

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