Traffic law: That’s what the lawyer says

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Traffic law: That's what the lawyer says
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Traffic law: That’s what the lawyer says

Traffic law: That’s what the lawyer says
That’s what the lawyer says

Season license plates, retrofit silencers and additional headlights can be found on many motorcycles. But what is allowed? We answer the most common questions.

Mathias Heerwagen

09/06/2010

How can buyers of retrofit exhaust systems with EG-BE behave if a noise measurement by the police reveals that the system is inadmissibly loud, although it has definitely not been tampered with?

At the police check you should behave politely and point out the EC operating permit. And of course that nothing has been changed on the exhaust system. The police officer should be asked to document the condition of the damper and the sound level. Make absolutely sure that these points are ALL listed in the protocol. There are claims against the seller of the exhaust system from liability for material defects. An exhaust system with an EC operating permit must comply with the applicable noise regulations. The buyer can choose: Either he demands an exhaust system that complies with the limit values, or he converts the system, that is, he demands his money back.


Traffic law: That's what the lawyer says


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Standing noise measurement: The microphone is positioned at the level of the exhaust outlet at an angle of 45 degrees to the longitudinal axis of the vehicle and at a distance of 0.5 meters. The volume is measured at half the nominal speed. During checks in traffic controls, the exhaust may be a maximum of 5 dB (A) louder than entered.

If you need identification papers for a retrofit silencer with EC type approval (EG-BE)?

No. A clearly visible badge or embossing affixed to the damper is valid as legitimation. On the basis of these, the KBA police can determine the correct use – at least in theory. If the approval was granted abroad, difficulties can arise in practice. The credit cards supplied by some exhaust manufacturers with the area of ​​use can therefore be quite helpful in checks.

What does the current traffic law provide as a penalty if you get into a control with an illegal exhaust system (without EG-BE or previously usual ABE)?

Anyone who clears out the exhaust is acting deliberately, with the result that the fine can be increased significantly. In the case of an actually illegal exhaust system, i.e. without an entry, ABE or EC operating permit, the operating permit has expired. A fine of 50 euros and more points is still to be expected here.

Seasonal license plates


Traffic law: That's what the lawyer says


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Ingo Ralf Becker (33) is a Stuttgart lawyer. He advises motorcyclists.

The season license plate has existed since March 1, 1997. Not all drivers still know about the specifics.

What is the legal status??

Although the motorcycle is also permitted outside the period specified on the seasonal license plate, it must not be used or parked in public traffic areas. Unfortunately, the motorcycle has no place in a public parking lot or on a sidewalk.

What happens if you ignore them?

If you park your bike inappropriately and get caught, you have to pay 40 euros and get one point in Flensburg. It costs 50 euros and three points to ride a motorcycle. It gets really expensive if you are driving the vehicle outside of the operating period and an accident occurs. There is no insurance cover for the vehicle during the rest period. If, however, an accident occurs through your own fault, the insurance company must first compensate the injured third party for the damage, but it will recover part of it from the policyholder due to a breach of contract. That can amount to an amount of up to 5000 euros.


Traffic law: That's what the lawyer says


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The seasonal license plate has many advantages. But legal peculiarities should be observed.

There is no insurance coverage at all during the rest period?

Certain risks are nevertheless covered during the so-called period of retirement insurance. The prerequisite for this is that the motorcycle is stored in a storage room or in an enclosed parking space. If the motorcycle is then used without authorization (e.g. by theft) and liability damage is caused, the insurer will pay compensation. The comprehensive insurance also grants insurance protection under this condition. B. also in the event of fire damage – provided you have at least partial comprehensive insurance.

What other special season license plates are there??

There are journeys that are also permitted outside of the operating period: journeys in connection with the approval process and journeys for the main inspection and emissions test. These journeys are insured, but are only valid within the relevant registration area. Who z. B. has registered in Stuttgart and has an accident in Munich, gets in trouble.

Screwdriver help

In autumn and winter, many motorcyclists dare to do conversions or major repairs. But not everyone is a trained mechanic and is soon at the end of his or her screwdriver’s Latin. How good that the neighbor knows his way around motorcycles and offers his help for a small fee. Is that illegal work or a neighborhood service?

The activity, in this case a work on the motorcycle, only needs to be registered with the authorities if it is sustainably geared towards profit (Section 1 (3) BlackArbG). If you help your neighbor for a little pocket money every now and then, you don’t have to worry. However, anyone who regularly repairs motorcycles in the entire neighborhood is likely to cross the line to illegal undeclared work. However, the legislature does not specify a specific limit for this.

So no problems with hobby help?

But. Namely, that under certain circumstances, like an entrepreneur, one is liable for defects in work performance. In current case law, the Federal Court of Justice (BGH) has awarded warranty claims to clients who have suffered damage. This is not just about claims due to a defect, but also about further damage to property and personal injury. Even in the case of free courtesy services, a screwdriver without sufficient knowledge who carries out negligent repairs, for example on brakes or other important components, is liable for damage to the motorcycle as well as to the driver according to § 823 BGB. In an emergency, it can be very expensive! If in doubt, keep your hands off friendship services on dangerous components.

Retrofit headlights

Visibility on the streets is often poor, especially in autumn and winter. Rain, fog and early darkness can be dangerous for motorcyclists as they are overlooked by other road users. That is why many motorcyclists build retrofit headlights on their bikes. What must be taken into account when growing, and which attachments are allowed?

In principle, it is possible to retrofit headlights. The basis for this is “Regulation for the installation of lighting and light signal devices on two-wheel or three-wheel motor vehicles 2009/67 / EC” (previously 93/92 / EEC). Accordingly, individual lights must always be installed in such a way that their reference point lies on the longitudinal center plane of the motorcycle. Lights with the same function that form a pair must be fitted symmetrically in relation to the median longitudinal plane of the motorcycle. According to the EU regulation, a total of four headlights, i.e. two dipped and high beam headlights each, are permitted. However, the special requirements in each case, in which the nesting or combination with other headlights is also specified in detail, result in more complex dependencies or mounting options. These are shown as an example in the sketch on the right. In addition, one or two fog lights may be attached to these combinations. If the headlights are attached in compliance with the prescribed mounting dimensions and geometrical angles, neither an acceptance nor an entry in the registration certificate is required. Tip: The complete content of the guideline including all permitted mounting dimensions can be read online at http://eur-lex.europa.eu/de/index.htm To do this, enter the document number in the search mask under the corresponding year (2009) “0067” enter.

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