Higher Administrative Court decides: speed limits for bicycles are legal
The Higher Administrative Court of Berlin has ruled that speed limits for cyclists are legal in the so-called meeting zones. The meeting of cyclists, pedestrians and cars justify a qualified danger.
In so-called meeting zones, where different road users meet, a speed limit for cyclists may be set. The Traffic Law Working Group of the German Lawyers’ Association (DAV) refers to a corresponding decision by the Berlin-Brandenburg Higher Administrative Court (Az.: OVG 1 S 53/22).
In this case, a Berlin district had set a speed limit of 10 km/h for cyclists in such a zone in July 2021 – against which a cyclist lodged a complaint. Reason: There is no risk situation that justifies the speed limit. He referred to the number of traffic accidents from 2018 to 2020.
The mixed situation in encounter zones justifies speed limits for cyclists
However, the court upheld the speed limit. The dense mixture of pedestrians, cyclists and motorists in the redesigned section of road justifies the assumption of a qualified hazard.
A before-and-after study commissioned by the Senate Department into “Berlin meeting zones” revealed, for example, that the number of people crossing the two-way cycle path had risen by 167 percent. This justifies the speed limit for cyclists to reduce the risk of accidents. Accidents in previous years are no longer relevant.
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The original of this article “Higher Administrative Court decides: speed limits for bicycles are legal” comes from chip.de.
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