Originally Posted by
Litespud
I'm not even sure that we haven't been misinterpreting the information provided in the original German link cited way back in the mists of time when this thread started. The link was to a rough and colloquial translation of the German legalese by an admitted non-lawyer, but the relevant quote was (Emphasis mine):
"Non-blinking front headlamp to illuminate the road of white or pale yellow color. A red rear taillight that stays lit when stationary and may blink (intensity 1 cd). In the USA, blinking lights are sold but they are not legal in Germany. [This said, we see all sorts of violations of this rule. And we know of no one who has been stopped for a violation of it.]"
I read this not that blinking lights per se are illegal, but they they're not legally adequate for use at night to illuminate the road (and I think we can all agree that flashers/blinkers and headlights fulfill different purposes - one to be seen with, and the other to see with). Since there is no legal requirement for any lighting during the day in Germany, according to the site, there's nothing in there that says that running a flasher/blinker during the day is actually illegal - just that you can't use one in lieu of a proper headlight. Not being a lawyer and not being fluent in German, let alone legal German, I don't know what German laws state specifically, but the original citation is ambiguous at best and shouldn't be the basis for any fact-based argument.
It's hard to find a good English reference for the bicycle light laws in Germany.
German Bicycle Laws
There's enough indication that one can't really buy flashing rear lights in Germany. That is some suggestion that they are illegal. The source you quoted suggests that they can flash if the bicycle is not moving.
It's the general understanding that they are (basically) illegal in Germany. And, if flashing rear lights aren't, I can't imagine that flashing front lights (irrespective of the purpose of illumination) would be legal. From my experience and observation riding in Germany, the Germans don't care about flashing rear red lights
during the day.
In any case, that they are illegal in Germany doesn't mean it's because steady is better (as you appear to understand). Laws are compromises and have to work with other laws. So, absent a definitive source specifying the reason behind the German law, we can only guess what the reasons for the law are.