I posted this to ECF and got the following informative reply. It is
as I thought: more enlightened countries are moving away from
cycleway compulsion at the same time as we drift towards it. I think
the reference Roland gives to the criteria a German cycleway has to
satisfy before it is deemed unreasonable for a cyclist to prefer the
carriageway - if translated - might be useful to the present campaign
or to subsequent legal challenges. We could probably show that NO
British cycleway is "suitable for modern bicycle traffic"!

On Behalf Of Chris Juden
To: ecf_list@yahoogroups.com

I believe that it used to be illegal in Germany, to cycle on the road
where there is an adjacent cycleway. But a few years ago that was
overturned and now cyclists are legally entitled to use the road
wherever they choose (except prohibited roads of course).

Please can someone confirm to me if this is correct, when exactly it
happened and if possible tell me about the legal arguments used to
obtain this change of the law in Germany.

(British cyclists are facing increasing quasi-legal pressure to use
roadside bicycle paths, and compared to German paths, ours are
rubbish!)

Chris Juden, CTC Technical Officer

From: "ADFC Roland Huhn" <roland.huhn@...>
Subject: AW: Freedom to ride on the road

The German law concerning bicycle paths was amended in 1997. Before
that year, section 2 para 4 of the Strassenverkehrs-Ordnung (Road
Traffic Regulations, StVO) read: Cyclists "have to use right-hand
cycle tracks; left-hand cycle tracks may only be used if it is
permitted to do so (sign 237)." (Official translation, Federal
Minister of Transport)

Cyclists had to use all bicycle paths, cycling on the road was
illegal when there was an adjacent cycle track. Sign 237 is a round
blue sign with a white bicycle symbol.

Since 1st September 1997, this section reads (my translation):
Cyclists "have to use cycle tracks, if the respective direction of
travel is marked with sign 237, 240 or 241. Other right-hand cycle
tracks may be used."

Sign 240 stands for a shared footpath and cycle track, sign 241 for
separate (but adjacent) cycle track and footpath.

There was a transition period until 1st October 1998. Since this
date, cyclists have to use only bicycle paths with one of the blue
cycle track signs. When there is no such sign (but an unmarked
bicycle path) they may ride on the road. Riding on the road is the
rule, riding on cycle tracks the exception (in theory). Under German
law, bicycles are vehicles, and "vehicles shall use the carriageway"
(section 1 para 1 StVO).

The official reason (from the Federal Minister of Transport) was, in
short: Cycle tracks serve the separation of traffic and are useful
for traffic safety. However, many of them are in an insufficient
state of repair or their dimensions are not suitable for modern
bicycle traffic. The use of such cycle tracks is generally
unacceptable for cyclists. On the other hand, their use may be
offered to those cyclists who would rather ride on cycle tracks than
on the road, for instance elderly bicycle riders. Therefore, the
obligation to use cycle tracks is limited to those tracks that have
been marked with one of the blue bicycle signs.

Municipalities have to check their cycleways. Only those that are
considered necessary for reasons of road safety and feature certain
quality criteria (with many details: width 2,00 meters, at least 1,50
meters; free of obstacles; built and kept according to the state of
the art; steady course; safe design of the cycle track at crossroads
and junctions) are to be marked with the cycle track signs. But in
practice, many insufficient cycle tracks have kept their signs.
Locally, German cyclists have gone to court against the obligation to
use cycle tracks that did not reach the quality criteria and were
successful in the majority of cases.

Further information (in German): http://www.adfc.de/526_1

Roland Huhn, ADFC Legal Officer

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