The lawyer Patrick Gaulmin, who defends motorists, bikers or even cyclists, warns of the danger of many retarders. According to him, many do not comply with existing regulations at all and lead to accidents and falls.
You obtained from the court the condemnation of the town of Saint-Jean-le-Vieux (Ain) to remove one of its retarders. What arguments have you put forward?
PATRICK GAULMIN. I was seized by a driver who had the crankcase of his car split after having passed on this retarder. After finding the bailiff, we discovered that this retarder was almost twice the limit height, fixed at ten centimeters. It has also been installed on a road which sees more than 3000 vehicles passing per day, which is not legal. According to the 1994 decree relating to the installation of these facilities, retarders must comply with certain specifications and their location comply with certain conditions.
Which ones?
It cannot be installed outside built-up areas, for example. And if you want to locate one on an axis where buses and emergency vehicles circulate, you need the advice of the manager of the emergency center and the public transport company. A report showed that a bus driver could pass up to 300 times a day on a retarder!
Many motorists complain in particular about the height of the speed bumps ...
We actually see some that measure 20 to 25 cm high when they should not exceed 10 cm! But road managers do not bother with the legal height and sometimes just build their speed bumps at the sidewalk. Speed bumps are often too high, illegal and sometimes dangerous. This is why I am regularly approached by individuals whose cars have been damaged, by driver associations or by the French Federation of angry bikers for installations that do not comply with regulations and put users at risk. the road.
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Why do they consider them dangerous?
Many motorcyclists fell while driving on too high retarders. Some developers build their retarder in stone, but when it rains or there is oil residue on the road, it is extremely slippery. I have several files in progress of cyclists who had serious personal injuries after falling on a retarder. In Strasbourg, for example, my client had broken ribs, a pneumothorax and had to have a thumb prosthesis after falling on a donkey too high.
What do you do when you judge an extraordinary layout?
I make a prior request to the mayor or the departmental council to have it demolished, but if nothing happens, I go to the administrative court. I have more and more procedures underway in Lille, Amiens, Strasbourg, Montpellier, Nice. In the Var department alone, which has more than 900 retarders, I estimate that three quarters are illegal.
