"Predominant dwell function": Doubts about the legality of Tempo 20
Created: 12/22/2022, 8:35 am
By: Thomas Steinhardt, Tobias Gehre
The speed limit on Schöngeisinger Straße in Fürstenfeldbruck is 20. Right?
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The introduction of Tempo 20 in the Schöngeisinger Straße in Bruck arouses desires in other communities.
And it feeds doubts.
Fürstenfeldbruck/Emmering – The speed should also be reduced in this way on Emmeringer Hauptstraße.
At the same time, doubts about the legality of the Brucker regulation are being raised.
In Emmering, people have been considering for a long time how the main street could be redesigned to make traffic calming.
When Fürstenfeldbruck introduced a speed limit of 20 on parts of Schöngeisinger Strasse, Emmering saw it as a steep pass.
This means that you have a reference case in the immediate vicinity, according to an application by the CSU.
This makes a new advance in Emmeringer Hauptstrasse seem advisable.
Hope immediately gone
However, a representative of the lower traffic authority in the district office abruptly destroyed this hope.
She sees no legal basis for Tempo 20 in Emmering.
According to the road traffic regulations, the hurdles for such an arrangement are high.
The street must have a "predominant lingering function".
In addition, there should be little traffic on the street.
Neither is the case with the main street in Emmering.
She did not accept the argument from the municipal council that Bruck had also introduced a 20 km/h speed limit.
The representative of the district office also considers the Tempo 20 order to be illegal there, in other words: Actually, Bruck should dismantle the Tempo 20 signs again immediately.
No authority to issue directives
But it's not that easy, as a spokeswoman for the district office said when asked.
The technical and legal supervision with regard to road traffic law lies with the government of Upper Bavaria.
"The Fürstenfeldbruck district office has no authority here."
The statement by the employee in the Emmeringer municipal council is merely a non-binding legal opinion and not the result of an examination by the responsible authority.
The statements on the illegality of Tempo 20 would have referred to two applications submitted to the Emmering municipal council and to a street in Emmering.
(
By the way: everything from the region is now also available in our regular
FFB newsletter.)
The quality of stay
Before the introduction of the 20 km/h speed limit, the city of Fürstenfeldbruck was well aware that the question of quality of stay is crucial.
However, the city came to a different conclusion than the expert from the lower traffic authority in the district office in Emmering.
“Due to the conversion of Schöngeisinger Straße a few years ago, the spatial expansion at the corner of Ledererstraße, the small 'square' at the corner of Viehmarktstraße, the design at the height of City Point, the numerous shops, cafés and restaurants with outdoor areas, a strolling and lounging function is evident here "A statement from the city said.
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My space
traffic relief
With the introduction of the traffic-calmed business area, Schöngeisinger Strasse should be relieved of 2,500 car journeys a day, it says.
Parts of Pucher Straße are to follow as a calmed area.
The city can decide on questions of this kind on its own responsibility because, as a large district town, it acts as the lower transport authority.
plaintiff, judge
Nevertheless, there is of course a supervisory authority - and that is the government of Upper Bavaria.
However, the Fürstenfeldbruck Tempo 20 issue is unknown here, as a spokesman said when asked.
"Such orders are subject to neither the obligation to submit nor a reservation of approval by the government of Upper Bavaria," said the spokesman.
The government of Upper Bavaria does not usually carry out an unprovoked examination or evaluation of such orders, emphasizes the spokesman.
In short: where there is no plaintiff, there is no judge.
You can find more current news from the district of Fürstenfeldbruck at Merkur.de/Fürstenfeldbruck.
