x

Re: Wiki und Radweg


Geschrieben von Hubert87 (Gast) am 13. September 2014 17:15:55: [flux]

Als Antwort auf: Wiki und Radweg geschrieben von RadFr (Gast) am 12. September 2014 18:47:

I am also for seperating use (bicycle=*) and lock (cycleway=*). Using official for signed cycleway doesn't comply with the proposal. A different access value is also needed, because in Austria, France or Germany (voluntary left hand cycleways) non compusory cyclways are signed (square sign) as well.

About the law text: There are also ways signed as cycleways, that are not road adjacent. If that is legal or what means for compulsory use is disputed.

Ende. Folgendes ist OT:
Legal Situation. I am not a laywer. Explenation: It is very complicated, not even the local governets are sure about this. Let look at the definition for a traffic sign (for example Z 237) Anlage 2 (zu § 41 Absatz 1), Abschnitt 5 Sonderwege, Rd. Nr. 16, Zeichen 237, STVO.

1.␣A␣cyclist␣may␣not␣use␣the␣lane,␣but␣must␣use␣the␣cycleway␣(complusory␣cycleway␣use)
2.␣Other␣traffic␣may␣not␣use␣it.␣[i]Also␣Pedestrians[/i]
3.␣If␣other␣traffic␣is␣allow␣by␣an␣addition␣sign,␣it␣must␣yield␣to␣cyclist␣and␣other␣vehicular␣traffic␣must␣reduce␣their␣speed␣to␣meet␣that␣of␣the␣cyclist␣in␣neccessary.␣[i]Also␣Pedestrians[/i]
4.␣§␣2␣Absatz␣4␣Satz␣6␣␣remains␣unaffected.␣[i]moped␣may␣use␣cycleway␣on␣rural␣ways␣[/i]
[url=http://www.gesetze-im-internet.de/stvo_2013/BJNR036710013.html](Anlage␣2␣(zu␣§␣41␣Absatz␣1),␣Abschnitt␣5␣Sonderwege,␣Rd.␣Nr.␣16,␣Zeichen␣237,␣STVO)[/url].

Number 2 makes it a cycleway. Incase that isn't obvious (edit: That meaning cycleway). The Problem is with Number 1 and the use on ways not adjacent to a road. It is not clear if point 1. is bijective. I would say no. It means that when I ride on the road and I see that sign I have to use it, even when the cycleway goes back to where I came from, since that sign defines a compulsary cycleway. Strict interpretation. The otherway around, it would mean that any non adjacent cycleways can not be signed wiht that road sign. However this leaves the Problem of identiving the cycleway, which is done by some local goverments in redefining the cycleway to a road and exclude other traffic (No vehicles + bicycles yes, Z250 + ZZ1022-10 or no motor vehicles, Z260). However they to often forget about horses (Z258) , which are also forbidden on exclusive cycleways.
In my opinion that sign is injective and is only indicating what the way been dedicated for by the lokal goverment. (edit: The way doesn't necessarily have to be road adjactent.) In that case point 1 would be not applicable because there is not lane on which one could ride on and since the letter of the law say "and" that part about having to ride on the cycleway is also not applicable.This is a bit constructed i must admit.
A simpler explanation often proclaimed is that since there is no road adjacent to the cycleway, it can not possibly be compusory. Also one may leave or ingore a complusory cycleway if it doesn't go in the direction I want to go I agree, in which case it doesn't matter if that cycleway is comulsory.