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Speichererseestrasse Landsham: Cyclists successfully sued against the obligation to use cycle paths

2021-05-09T02:23:55.402Z


A non-resident cyclist is disturbed by the obligation to use the cycle path between Landsham and Landsham-Moos. He sues in court, the municipality of Pliening is now repealing the rule.


A non-resident cyclist is disturbed by the obligation to use the cycle path between Landsham and Landsham-Moos.

He sues in court, the municipality of Pliening is now repealing the rule.

Landsham - In order to offer pedestrians and cyclists more safety, the municipality of Pliening built a footpath and cycle path between Landsham and Landsham-Moos around twelve years ago.

The cost was around 60,000 euros, and it was built because the connecting road next to it is narrow, is often used by agricultural vehicles and again and again by motorists who are traveling much faster than the 60 km / h stipulated there.

For all these reasons, the Pliening municipal council decided to build the footpath and cycle path.

This was provided with the traffic sign that it is mandatory for cyclists.

Conversely, this means: You are not allowed to cycle on the street.

Pliening: The local council made a conscious decision to build the footpath and bike path

The Pliening City Council has now lifted this requirement or prohibition.

Not voluntarily, but after a complaint by a cyclist (who does not live in the municipality of Pliening).

The man saw his freedom to be restricted by the obligation to use it and has sued the Munich Administrative Court.

That, in turn, came at the on-site meeting and signaled: Should the municipality not lift the obligation to use it, the court would make a corresponding decision.


We don't want to annoy cyclists, we want to protect them.

Plienings Mayor Roland Frick

The municipality anticipated this with the unanimous municipal council resolution. The understanding of the lawsuit is limited. “We don't want to annoy cyclists, we want to protect them,” says Mayor Roland Frick. The plaintiff (who is a member of the General German Bicycle Club, ADFC) had argued that an obligation to use it would mean: If a cyclist drives on the street and gets into an accident there, he would at least be partly to blame. With the repeal, cyclists would have legal certainty. In addition, according to the ADFC in a statement a few years ago, one can often travel more freely and quickly on a road and be in the field of vision of other road users. Say: sure. An obligation to use cycle lanes may only be orderedwhen cyclists are particularly at risk from traffic on the road. The municipality of Pliening between Landsham and Landsham-Moos sees this as given.


Pliening wants to have the situation checked again

According to the decision, the municipality of Pliening will re-sign the 439-meter-long common footpath and cycle path with “walkway” and the additional sign “cycle traffic free”.

In other words: cyclists are subordinate to pedestrians and have to drive at walking pace.


That is not the end of the matter for the municipality of Pliening: As the decision says, it will soon be checked whether an obligation to use cycle lanes can be ordered again.

For this purpose, the Poing Police Inspectorate and the Lower Traffic Authority in the Ebersberg district office should be asked for expert opinions.

Source: merkur

All news articles on 2021-05-09

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