Quick overview:
- The rules of the road are regulated by the Road Traffic Act
- The driver of a motor vehicle is obliged to obey the law, traffic signs and take extra care
- The maximum speed in a village is 50 km/h, outside the village 90 km/h, on the motorway 130 km/h
- When overtaking a cyclist, keep a distance of 1.5 m (at least 1 m in zone 30)
- It is forbidden to stop and stand, e.g. at a crossing, junction or bridge.
What the Road Traffic Act regulates
The Road Traffic Act regulates the rights and obligations of road users, road traffic rules, traffic management, driving licences and police powers.
It is the basic traffic law on which all traffic regulations are based. If someone searches for road traffic rules online, it is the current version of this law.
The law applies to all road users – not just car drivers, but also cyclists, pedestrians, animal riders or people in automated vehicles.
The law precisely defines the basic terms:
- A vehicle is a motor vehicle, a non-motor vehicle, or a streetcar.
- A motor vehicle is a non-rail vehicle propelled by its own power unit and a trolley.
- A non-motorised vehicle is a trailer or a vehicle moved by human or animal power – for example, a bicycle or a covered vehicle.
- A driver is anyone who drives a motor vehicle or non-motor vehicle or a streetcar, as well as an animal rider.
This means that the rules of the road apply not only to cars but also to cyclists or horse riders.
If you are facing the revocation of your driving licence or are dealing with administrative proceedings, it is worth consulting an attorney about the situation. Describe your problem to us and we will protect your rights.
The driver of a motor vehicle is required to..
The basic obligations of a driver are mainly derived from Section 4 and Section 5 of the Road Traffic Act. This is not just a matter of technical compliance with signs, but a general duty to behave in a considerate and disciplined manner so that no one’s actions endanger the life, health or property of other road users.
The driver must obey traffic signs, traffic signals and instructions from the police and other authorised persons.
The law expressly requires him to devote his full attention to driving and to monitoring the traffic situation.
He must always adapt his speed and driving style to the specific circumstances – road conditions, weather, traffic density and his own ability.
In addition, he or she should exerciseextra caution, especially towards children, persons with reduced mobility and other vulnerable road users
Prohibitions are equally important. The driver must not consume alcohol or other addictive substances while driving and must not drive immediately after consuming them if he or she may still be under their influence.
The law also specifically prohibits holding a telephone or other talking or recording device while driving. Even a brief “wink” at the display may therefore constitute a traffic offence.
Of course, you must wear a seat belt if the seat is equipped with one, and ensure that children are safely transported in a child seat appropriate to their weight and height.
The driver is primarilyresponsible for the safety of the occupants – and is also liable for the consequences in the event of a breach.
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How fast are you allowed to go where?
Most drivers answer without thinking. But this is where problems often arise. The law not only sets maximum speeds, but also a general obligation to adjust your speed to the circumstances. A driver may only drive so fast that he is able to stop within the distance he can see. If there is fog, heavy rain or an impassable bend, it is not enough to drive “below the limit” – you must drive so that you can handle the situation safely.
The basic maximum speeds are as follows:
- 50 km/h in a village
- outside the village 90 km/h
- on a road for motor vehicles 110 km/h
- on the motorway 130 km/h
- on a motorway or motor vehicle road in a municipality 80 km/h, unless otherwise indicated by a sign
But these are not the only values you should keep in mind.
Drivers often forget about residential zones. There, the maximum speed is only 20 km/h. And it’s not just a “formal” limit – in a residential zone, children can play directly on the road and pedestrians are allowed to use the full width of the road. Driving at 30 here means not only breaking the law, but also a real danger to others.
Similarly, in a cycling zone, you are allowed to go no more than 30 km/h. Here, the driver must be extra considerate of cyclists, who can use the full width of the road.
In front of a level crossing at a distance of 50 m, the driver must drive at a maximum of 30 km/h and take extra care, but if the intermittent white light is on, then he can drive at 50 km/h.
Overlooking these lesser-known limits is one of the most common offences. So it’s not enough to know the general 50 and 90 speed limits – it’s important to be aware of the road signs and the nature of where you are.
Can you overtake and keep a safe distance?
Overtaking is one of the riskiest manoeuvres on the road. The basic rule is simple: overtake on the left. But just “swerving into oncoming traffic” doesn’t mean it’s safe or legal.
The law specifically prohibits overtaking , for example, at and immediately before a pedestrian crossing, at and near a level crossing or at an intersection (with certain exceptions). The meaning is obvious – these are places where unpredictable situations can arise at any time and where visibility is often limited.
Overtaking cyclists is a specific chapter. The driver of a motor vehicle must maintain a safe lateral distance of at least 1.5 metres. Only in places where the maximum speed limit is up to 30 km/h is a distance of at least 1 metre sufficient. This is not a recommendation but a legal obligation.
In practice, this means that if you do not have enough space, you should not overtake a cyclist at all. Trying to “squeeze by” at the cost of a close pass can lead not only to a fine, but above all to a serious accident. In these situations, it is very difficult to justify in hindsight that the distance was actually sufficient.
We represented a client who was facing misdemeanor charges specifically for failing to maintain a safe lateral distance when passing a cyclist. The driver believed he had left enough room, but the cyclist assessed the situation as dangerous and called the police. Inches were then the deciding factor in the proceedings – without CCTV footage or witnesses, it is very difficult for the driver to prove that he actually kept the legal distance. So risky overtaking almost never pays off legally.
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What about the trams?
Trams are a bit of a special category in road traffic. They move on rails, they can’t swerve and they have a special status in many situations. That’s why the law also regulates how drivers driving alongside them should behave.
If a driver is not willing or able to pass alongside a tram on the right – for example, because the roadway is narrow or parked cars prevent him from doing so – he must not “stick” to the tram. He must follow it at a distance that allows other drivers to pass safely. In other words: If you are already following the tram, you must not block those who might pass.
Another common mistake is to underestimate the tram’s priority. When making certain manoeuvres, such as turning or changing direction, the tram has the right of way. Car drivers often do not realise this – especially in cities where the tracks cross with regular traffic. This often results in unnecessary collisions or offences for failing to give way.
For trams, therefore, a simple rule applies: Count on the fact that they can’t swerve, and give them extra space instead. Otherwise, the subsequent defence can be very difficult, especially if there is a collision.
The most common parking mistakes
Parking is one of the most common offences ever – and one of the ones that drivers most underestimate. Many rely on reasonable judgement or the fact that “they’re not in anyone’s way here”. However, the Highway Code is very specific about stopping and standing.
You must not stop or stand , for example, at a pedestrian crossing and less than 5 metres in front of it, at a junction and 5 metres in front of its boundary, on a bridge, in a tunnel or in a dedicated lane. The purpose of these prohibitions is not to punish drivers, but to ensure visibility, pedestrian safety and road clearance.
An important rule that is often forgotten concerns the width of the passage. When stationary, at least one lane at least 3 metres wide must remain free for each direction of travel. If a vehicle narrows this space, it may be an offence – even if it is standing “just off the edge”.
It is these provisions that play a crucial role in cases dealt with as parking on the pavement or blocking the passage of other vehicles, refuse collection or emergency services. The driver often argues that everyone can fit. However, from the point of view of the law, it is the specific distance and the preservation of a safe space that is decisive, not a subjective impression.
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Summary
The rules of the road are laid down by the Road Traffic Act and apply to all road users – not only car drivers, but also cyclists and animal riders. The driver is obliged to behave considerately, to give full attention to driving, to respect traffic signs and to adapt his speed to the circumstances, the basic limits being 50 km/h in the village, 90 km/h outside the village and 130 km/h on the motorway, with stricter rules for example in residential or cycling zones. The law also strictly regulates overtaking – including a mandatory distance of 1.5 metres from the cyclist (at least 1 metre in zone 30) – as well as special situations with trams. It also deals in great detail with parking, where it is forbidden to stand, for example, in a crosswalk, at an intersection, on a bridge, or where a passageway of at least 3 metres wide is not left. Even seemingly minor breaches of these rules can lead to fines, points or driving bans.
Frequently Asked Questions
What is the maximum speed in the village?
How many metres do I have to leave when overtaking a cyclist?
1.5 m, in zone 30 at least 1 m
Can I stand on the bridge?
Who is considered a driver under the law?
Anyone who drives a motor or non-motor vehicle or tram, or rides an animal.
Can I stop just after a pedestrian crossing?
The law explicitly prohibits stopping and standing at a pedestrian crossing and at a distance of less than 5 metres in front of it. Beyond the crosswalk, the law does not specify a specific 5 metre prohibition, but you must always maintain the safety and flow of traffic and must not endanger pedestrians or restrict the vision of other drivers.
What if I park in such a way that there's less than 3 metres to pass?
The law distinguishes between standing (a vehicle is brought to a standstill beyond the point of stopping, typically “parking”) and stopping (a short interruption of driving, for example to pick up or drop off people).
When stationary, at least one lane at least 3 metres wide in each direction of travel must remain clear. If a vehicle narrows this space, it may be an offence.
When stopping, the requirement is more lenient – at least one lane at least 3 metres wide must remain free for both directions of travel.
If the vehicle narrows this space, it may be an offence – even if you feel that “cars will still get through”. It is the legal width that is decisive, not subjective impression.