Table of contents
- Lights on motorcycle clothing and helmets There are no specific regulations
- The StVO regulates little or nothing about this
- Attitude of the BVMI
- Attitude of the Bavarian State Ministry of the Interior
- Training the police officers
- Position of the Ministry of Transport in Baden-Wurttemberg
- That’s what the traffic law expert says
- ADAC attitude
- The federal government must give a guideline to the federal states
- Conclusion
manufacturer
13th pictures
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1/13
The retrofittable Held Light System (HLS) is the latest development from Held. The LED modules light up independently and continuously.
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2/13
Osram contributes the light sources for this: white light in the front area and red light on the back. Operating time: approx. 7 hours. We consider its use in road traffic to be rather harmless.
Tobias Beyl
3/13
Easypix StreetGlow: The LEDs are embedded in two one-meter-long strips of light that seem to glow rather than dazzle.
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4/13
Change mode at the push of a button: Constant lighting, fast and slow flashing are possible. The latter reduces energy consumption and could irritate other road users. Without the flashing mode, we rate the use in traffic as rather harmless.
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5/13
Redcat Repeater H1 is the name of this separate brake light for motorcycle helmets.
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6/13
The manufacturer from Tallinn in Estonia announces that the product meets all EU safety standards, so it also comes with an E-label.
manufacturer
7/13
The market launch in Europe is scheduled for summer 2021.
manufacturer
8/13
The Redcat Repeater H1 will cost 199 euros in full and can already be pre-ordered from the manufacturer.
manufacturer
9/13
The Repeater H1 not only comes with an additional brake light, but also with an additional indicator function.
manufacturer
10/13
If there is no blinking, the elements on the side light up as position lights. At this facility there could possibly be one or the other discussion – depending on whether or not control forces classify the lights as confusing for other road users.
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11/13
The slightly more subtle LED elements on the Shark Skwal can light up or flash constantly. Here, too, our StVO does not regulate anything, except that it must not irritate other road users.
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12/13
The Nolan communication system ESS fits a wide range of Nolan helmets.
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13/13
It contains an additional LED brake and rear light that can be mounted on the helmet.
counselor
traffic & business
Lights on motorcycle clothing and helmets
Lights on motorcycle clothing and helmets
There are no specific regulations
What is actually allowed in terms of lights on motorcycle clothing and motorcycle helmets? Or does it have to mean: What is at least not prohibited? We shed light on the gray area.
Dina Dervisevic
05.03.2021
In this article:
- The StVO regulates little or nothing about this
- BVMI attitude
- Attitude of the Bavarian State Ministry of the Interior
- Training the police officers
- Position of the Ministry of Transport in Baden-Wurttemberg
- That’s what the traffic law expert says
- ADAC attitude
- The federal government must give a guideline to the federal states
- Conclusion
Many motorcyclists want to be more visible. The market is reacting to this with more and more actively illuminated accessories: LED tubes for motorcycle jackets, brake lights for helmets, helmets with already integrated lights, reflective straps for luggage, etc. Many then ask themselves the question: is this allowed at all? The answer to that is a resounding yes and no. We’re getting to the bottom of it.
The StVO regulates little or nothing about this
The federal government and the states agree on one thing: The legal framework for lighting on motorcycle clothing is the Road Traffic Regulations (StVO). The federal government does that. But he is not responsible for the implementation. This is the responsibility of the individual federal states. One sees the other duty. Nobody is responsible. No, different: “The others are responsible.” The StVO regulates in concrete terms which lamps can be attached to the motorcycle itself. But when it comes to lights on motorcycle clothing, in the absence of a more suitable regulation, § 1 paragraph 2 of the StVO: “Anyone who takes part in traffic must behave in such a way that no one else is harmed, endangered or more than unavoidable under the circumstances, hindered or annoyed.” Aha.
No wonder the forums are full of questions about the legality of lights on motorcycle helmets and other clothing items. Whether LED lights on the jacket, reflective strips on the luggage or an additional brake light on the motorcycle helmet – the discussions almost always lead to the conclusion: “It’s a gray area. You have to try it and see if you can get away with it.” The regulation does not really allow any other conclusion.
Attitude of the BVMI
The Federal Ministry of Transport and Digital Infrastructure (BMVI) acknowledges: “In the Road Traffic Regulations (StVO) there are no explicit regulations on how the clothing and helmets of road users must be designed.” Our question as to whether the federal government intends to expand the StVO to this effect or to interpret it more concretely was answered in the negative. He refers to the federal states that are responsible for the implementation of the StVO. But how should a uniform implementation take place if there is no uniform regulation? That is federalism, so the position of the BMVI. Nobody wanted to respond to our objection that federalism in this example can also mean that uniform handling is not guaranteed even within a federal state.
After all: “Road safety is a top priority for the Federal Ministry of Transport and Digital Infrastructure. It is therefore advisable to wear clothing that makes road users clearly visible.” With reference to Section 1 (2) StVO, the BMVI continues: “It is important that no one is endangered or hindered by clothing. This can be the case, for example, when particularly conspicuous clothing distracts other road users and thereby endangers road safety. In the case of motorcyclists, this applies in particular to luminous elements on protective clothing or protective helmets.”
Attitude of the Bavarian State Ministry of the Interior
Assessing what could distract or confuse other road users is again an individual consideration. We put the following questions to the Bavarian State Ministry of the Interior (BStMI): In case of doubt, who decides whether the signal image is changed by lamps on the clothing? Is that what the local police do? Is there a recommendation for this that you can use as a guide?
We received feedback from the BStMI that, on the one hand, the signal image at night was decisive. It also says: “The assessment of the admissibility is always a decision in each individual case and among other things also depends on the distraction or danger to other road users, for example due to the effect of glare. In case of doubt, the involvement of officially recognized experts from the technical testing organizations is also conceivable.”
Training the police officers
The Bavarian State Ministry also answered the question whether traffic police received any kind of training that would at least give them a rough idea of what would be okay and what would not: “If there are new developments with regard to the lighting on motorcycles or motorcyclists, this topic is also dealt with.”
Position of the Ministry of Transport in Baden-Wurttemberg
The Ministry of Transport in Baden-Wurttemberg answered our questions about lights on motorcycle clothing with the following passage, among other things:
“Our legal assessment tends towards the fact that a lighting device with an effect on other road users, in particular if it is intended to take over the control of a prescribed lighting device (e.g. tail light or turn signal), is to be regarded as lighting attached to the vehicle and thus the lighting corresponding to the initial registration of the vehicle is subject to the applicable regulations / requirements of the applicable EC / ECE directives or the StVZO. The attachment of white LED light strips to motorcycle clothing, which merely replace retroreflective white strips or enhance their effect, is considered to be less of a problem. The federal government reserves the right to make a final regulation.”
In short: The Baden-Wurttemberg Ministry of Transport would like lights on motorcycle clothing as “lighting equipment” classify.
That’s what the traffic law expert says
According to Dr. Wolf-Henning Hammer, attorney at the Voigt law firm and an enthusiastic motorcyclist himself, lights on motorcycle clothing are not a lighting device in the sense of the StVO according to the current legal situation. Of course, you shouldn’t drive a blue light for a walk or irritate the traffic as a moving advertising column. But reflective strips on the cargo shouldn’t be a problem. Unless they dazzle other road users. Here the expert recommends making sure that the light sources have an E label.
But this is nowhere specifically regulated. It depends on how the police officers on the spot are feeling. You have a discretion. If in doubt, motorcyclists with lights on their clothing or helmets risk committing an administrative offense and can be prosecuted for interfering with road traffic. The subject of traffic accidents is also important. Because here, too, lamps on clothing could become relevant if, for example, they irritated or dazzled the other party involved in the accident – E-labeling or not.
ADAC attitude
The ADAC also sees that, according to the current legal situation, there is no legal regulation at all that directly regulates the driver’s lighting. However, he currently sees no need for action: “As long as there are no adverse effects on third parties from the lighting systems on the driver, the ADAC does not believe that a statutory regulation is necessary. If there is a need for action, the relevant regulations should be carefully coordinated with the relevant associations – this also applies at European level.
The federal government must give a guideline to the federal states
Only the federal government can ensure uniform regulation by specifically interpreting and interpreting Section 1 (2) of the StVO with regard to lights on motorcycle clothing for this case. Or postpone a relevant regulation. And the Baden-Wurttemberg Ministry of Transport would like to campaign for this, as can be seen from the following passage:
“Our company will definitely take up this interesting safety topic and introduce it as an item on the agenda at the next meeting of the Federal and State Committee on Road Traffic Act (BLFA-StVO) and press for a quick regulation for a rule-compliant use.” We keep our fingers crossed.
Conclusion
In view of the unclear legal situation, it is hardly possible to give reliable advice on lighting on motorcycle clothing. The only difference is that no lighting is legally watertight. For those who want to forego absolute legal certainty for safety reasons, the top priority is the impairment of other road users. Just get the opinion of others about the lighting at night – you don’t see yourself as much.
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