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READER QUESTIONS

Reader question: Am I allowed to bike in Austrian forests and mountains?

Austria is a beautiful country with amazing nature and great opportunities for sports tourism all year round. However, mountain bikers might be surprised by some strict rules - here's what you need to know

Reader question: Am I allowed to bike in Austrian forests and mountains?
Styria has beautiful bike tours with fantastic views (© Steiermark Tourismus | Tom Lamm)

Austria is a very popular destination for those who enjoy sports, especially mountain sports. In winter, the Alpine country is excellent for skiing and snowboarding, but during the summer months, its mountains and forests are just as busy, particularly with mountain bikers. 

However, despite having a booming tourism industry focused on the sport (Mountainbiken in Österreich), there are also some essential rules you should be aware of before packing your bike and heading to Austria.

Forests are not always open for biking

Austria’s Forest Act determines that anyone can enter a forest for recreational purposes – but that only includes walking, hiking or jogging. If you want to cycle or mountain bike, you need to check whether a particular trail is open for bikers. 

READ ALSO: Cycling in Austria: 7 rules you can be fined for breaking

Mountain biking on forest trails or open forest terrain without proper permission can incur administrative fines and civil lawsuits, according to the federal government. Depending on the specific case, the administrative violation could be punishable by a fine of up to €150 (for unauthorised biking) or up to €730 in instances of mountain biking on a signed closed forest road.

This also means that at any given point, you might find hikers while biking and people on foot generally have the right of way.

Armin Kaltenegger, head of legal at the Road Safety Board (KfV), told broadcaster ORF: “Hikers can move anywhere. The Austrian Forest Act regulates this, and you can stay in the forest for recreational purposes. Mountain bikers are only allowed to do so where it is clearly marked,” he said.

You can find a selection of mountain bike trails in Austria here:

‘Rules of the game’

Numerous federal states and organisations have established rules of conduct for cyclists in nature. In many places, they are even prominently displayed at the junctions of mountain bike trails. Not all of them are laws, and some are practically common sense, but Austria’s driving association ÖAMTC mentions a few rules of conduct for mountain bikers.

The main one is that mountain bikers should always cycle in such a way that they do not endanger or harm themselves or others. It’s important to note that the mountain biker is usually liable if an accident occurs.

“When someone rides in the forest, he must expect dangers such as leaves, roots, branches, depressions, etc,” Kaltenegger said. It’s only if the landowner (private or public) is “grossly negligent” that he or she could be deemed responsible – but those are rare cases, the legal expert said.

READ ALSO: EXPLAINED: What cyclists and drivers in Austria need to know about new rules

ÖAMTC also mentions that bikers should adhere to traffic regulations, ride visibly or on the right-hand side of paths and avoid alcohol. “It is also clear that you protect your head with a helmet because of the risk of falling. Forest roads are operational areas and workplaces: you must always be prepared for sudden obstacles, wood on the roadway or motor vehicles”, the association warns.

Additionally, rules of conduct include riding downhill at a “controllable pace”.

“Sometimes it is better to push the bike a few metres,” ÖAMTC added. Bikers are also asked to take care of their surroundings, including avoiding unnecessary full braking (which damages paths) and protecting plants and animals. 

“Any gates should be closed again after you pass through, and of course, bikers should avoid noise and not leave any waste behind.”

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TRAVEL NEWS

How do the EU’s new EES passport checks affect the 90-day rule?

As European travellers prepare for the introduction of enhanced passport checks known as the Entry & Exit System (EES), many readers have asked us what this means for the '90-day rule' for non-EU citizens.

How do the EU's new EES passport checks affect the 90-day rule?

From the start date to the situation for dual nationals and non-EU residents living in the EU, it’s fair to say that readers of The Local have a lot of questions about the EU’s new biometric passport check system known as EES.

You can find our full Q&A on how the new system will work HERE, or leave us your questions HERE.

And one of the most commonly-asked questions was what the new system changes with regards to the 90-day rule – the rule that allows citizens of certain non-EU countries (including the UK, USA, Canada, Australia and New Zealand) to spend up to 90 days in every 180 in the EU without needing a visa.

And the short answer is – nothing. The key thing to remember about EES is that it doesn’t actually change any rules on immigration, visas etc.

Therefore the 90-day rule continues as it is – but what EES does change is the enforcement of the rule.

90 days 

The 90-day rule applies to citizens of a select group of non-EU countries;

Albania, Andorra, Antigua and Barbuda, Argentina, Australia, Bahamas, Barbados, Bosnia and Herzegovina, Brazil, Brunei, Canada, Chile, Colombia, Costa Rica, Dominica, El Salvador, Georgia, Grenada, Guatemala, Honduras, Hong Kong, Israel, Japan, Kiribati, Kosovo, Macau, Malaysia, Marshall Islands, Mauritius, Mexico, Micronesia, Moldova, Monaco, Montenegro, New Zealand, Nicaragua, North Macedonia, Palau, Panama, Paraguay, Peru, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Samoa, San Marino, Serbia, Seychelles, Singapore, Solomon Islands, South Korea, Taiwan, Timor-Leste, Tonga, Trinidad and Tobago, Tuvalu, Ukraine, United Arab Emirates, United Kingdom, United States, Uruguay, Vatican City and Venezuela.

Citizens of these countries can spend up to 90 days in every 180 within the EU or Schengen zone without needing a visa or residency permit.

People who are citizens of neither the EU/Schengen zone nor the above listed countries need a visa even for short trips into the EU – eg an Indian or Chinese tourist coming for a two-week holiday would require a visa. 

In total, beneficiaries of the 90-day rule can spend up to six months in the EU, but not all in one go. They must limit their visits so that in any 180-day (six month) period they have spent less than 90 days (three months) in the Bloc.

READ ALSO How does the 90-day rule work?

The 90 days are calculated according to a rolling calendar so that at any point in the year you must be able to count backwards to the last 180 days, and show that you have spent less than 90 of them in the EU/Schengen zone.

You can find full details on how to count your days HERE.

If you wish to spend more than 90 days at a time you will have to leave the EU and apply for a visa for a longer stay. Applications must be done from your home country, or via the consulate of your home country if you are living abroad.

Under EES 90-day rule beneficiaries will still be able to travel visa free (although ETIAS will introduce extra changes, more on that below).

EES does not change either the rule or how the days are calculated, but what it does change is the enforcement.

Enforcement

One of the stated aims of the new system is to tighten up enforcement of ‘over-stayers’ – that is people who have either overstayed the time allowed on their visa or over-stayed their visa-free 90 day period.

At present border officials keep track of your time within the Bloc via manually stamping passports with the date of each entry and exit to the Bloc. These stamps can then be examined and the days counted up to ensure that you have not over-stayed.

The system works up to a point – stamps are frequently not checked, sometimes border guards incorrectly stamp a passport or forget to stamp it as you leave the EU, and the stamps themselves are not always easy to read.

What EES does is computerise this, so that each time your passport is scanned as you enter or leave the EU/Schengen zone, the number of days you have spent in the Bloc is automatically tallied – and over-stayers will be flagged.

For people who stick to the limits the system should – if it works correctly – actually be better, as it will replace the sometimes haphazard manual stamping system.

But it will make it virtually impossible to over-stay your 90-day limit without being detected.

The penalties for overstaying remain as they are now – a fine, a warning or a ban on re-entering the EU for a specified period. The penalties are at the discretion of each EU member state and will vary depending on your personal circumstances (eg how long you over-stayed for and whether you were working or claiming benefits during that time).

ETIAS 

It’s worth mentioning ETIAS at this point, even though it is a completely separate system to EES, because it will have a bigger impact on travel for many people.

ETIAS is a different EU rule change, due to be introduced some time after EES has gone live (probably in 2025, but the timetable for ETIAS is still somewhat unclear).

It will have a big impact on beneficiaries of the 90-day rule, effectively ending the days of paperwork-free travel for them.

Under ETIAS, beneficiaries of the 90-rule will need to apply online for a visa waiver before they travel. Technically this is a visa waiver rather than a visa, but it still spells the end of an era when 90-day beneficiaries can travel without doing any kind of immigration paperwork.

If you have travelled to the US in recent years you will find the ETIAS system very similar to the ESTA visa waiver – you apply online in advance, fill in a form and answer some questions and are sent your visa waiver within a couple of days.

ETIAS will cost €7 (with an exemption for under 18s and over 70s) and will last for three years.

Find full details HERE

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