Motorway speed limit regulation
| Basic data | |
|---|---|
| Title: | Ordinance on a general recommended speed on motorways and similar roads |
| Short title: | Motorway Recommended Speed V |
| Abbreviation: | BABRiGeschwV 1978 |
| Type: | Federal Ordinance |
| Scope: | Federal Republic of Germany |
| Issued on the basis of: | Section 6 Paragraph 1 No. 3 StVG |
| Legal matter: | Traffic law |
| References : | 9231-1-3 |
| Issued on: | November 21, 1978 ( Federal Law Gazette I, p. 1824 ) |
| Entry into force on: | December 1, 1978 |
| Last change by: |
Art. 5 VO of August 5, 2009 ( Federal Law Gazette I p. 2631, 2685 ) |
| Effective date of the last change: |
September 1, 2009 (Art. 9 of August 9, 2009) |
| Weblink: | Text of the regulation |
| Please note the note on the applicable legal version. | |
The highway directive speed regulation is a regulation of the Federal Transport Ministry from 1978. Through it was in Germany on motorways and certain roads outside built-up areas a recommended speed introduced of 130 kilometers per hour.
content
It is recommended to drivers of passenger cars and other motor vehicles with a gross vehicle weight of up to 3.5 t, even in favorable road, traffic, visibility and weather conditions
- on highways,
- outside built-up areas on other roads with lanes for one direction that are separated by median strips or other structures, and
- outside built-up areas on roads that have at least two lanes for each direction marked by lane delimitation or guidelines,
Do not drive faster than 130 km / h (recommended motorway speed). This does not apply if there are maximum speeds according to the StVO ( § 1 Motorway Guideline Speed V).
meaning
The recommended speed regulation is only a recommendation not to drive faster than 130 km / h, not a general maximum speed .
Unlike § 3 , § 49 Paragraph 1 No. 3 Road Traffic Regulations (StVO) in conjunction with § 24 Road Traffic Act (StVG), it is not a regulation for the driving behavior required in road traffic, the violation of which results in direct sanctions such as a traffic offense tie. The lack of immediate sanctions does not mean absolute legal irrelevance for liability law . Rather, the Motorway Guideline Speed Ordinance expresses empirical knowledge that must be taken into account when interpreting the concept of inevitable event within the meaning of Section 7 (2) of the Road Traffic Act (StVG).
The legal basis for the regulation is Section 6 (1) No. 3 StVG . According to this, the Federal Ministry of Transport, with the consent of the Bundesrat, may issue statutory ordinances on measures to “maintain safety and order on public roads”. This already shows that it is intended to serve the safety of traffic. According to traffic-scientific findings on motorways, maintaining a reduced speed makes a lasting contribution to avoiding accidents, especially those with serious consequences, even in favorable local and traffic conditions.
In spite of its lack of legal obligation, the recommendation of the ordinance is thus a "call to reason" and an appeal to the responsibility of the road user, which a driver who wants to meet the increased requirements of an "ideal driver" must not ignore.
As early as 1974, with the ordinance on the experimental introduction of a general recommended speed on motorways and similar roads, an attempt at a recommended speed of 130 km / h, limited to September 30, 1977, was prescribed.
literature
- Heinrich Jagusch: Problems of the recommended speed . NJW 1974, 881.
- Peter Hentschel (greeting), Peter König , Peter Dauer (editing): Road traffic law (= Beck's short comments . Volume 5). 43rd, revised edition. CH Beck, Munich 2015, ISBN 978-3-406-67136-4 .
Web links
Individual evidence
- ↑ BGH, judgment of March 17, 1992 - VI ZR 62/91 II. 1. b)
- ↑ Traffic: Tiger out of the tank Der Spiegel , March 23, 1992.
- ↑ Christian Frahm, Emil Nefzger: 130 km / h on motorways: speed limit drastically reduces accident figures Der Spiegel , January 29, 2019.
- ↑ Th. Scholz, A. Schmallowsky, T. Wauer: Effects of a general speed limit on motorways in the state of Brandenburg State of Brandenburg, Landesbetrieb Straßenwesen, October 2007.
- ↑ cf. Jagusch, NJW 1974, 881, 882 f; Justification of the Federal Council for the Motorway Guideline Speed Ordinance of 13 March 1974, VkBl 1974, 225.
- ↑ BGBl. I p. 685
