Would you have known? Overtaking ban and motorcycles
Problem statement:
Last week I overtook a slower moving motorcyclist. So far so good. 5 minutes later he caught up with me again at a traffic light, drove to the left of my vehicle and got terribly upset because I would have overtaken him in the no passing zone.
What is true is that there was actually a no overtaking sign in front of the section of road. But to whom does the overtaking ban ordered by sign 276 apply?
The text of the law:
StVO Appendix 1 (to § 40 paragraph 6 and 7)
General and special danger signs
Section 7 Speed limits and overtaking bans
53 Character 276
Prohibition of overtaking for motor vehicles of all types
Re 53 and 54: Permit or prohibition
The following signs 276 and 277 prohibit motor vehicles from overtaking multi-track motor vehicles and motorcycles with sidecars. […]
Solution:
It is important to note in this case that (only) overtaking of “multi-track” motor vehicles and motorcycles with sidecars is prohibited – conversely, overtaking of motorcycles without sidecars is permitted.
However, the other way round – i.e. when overtaking a multi-lane vehicle with a motorcycle – overtaking is prohibited within the area of application of sign 276.
Ihr Ansprechpartner
Günter Grüne
Rechtsanwalt | Partner
Fachanwalt für Verkehrsrecht
Mitglied der Arbeitsgemeinschaft Verkehrsrecht im DAV