Diesel driving ban

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As diesel driving ban bans are designated for diesel vehicles (usually their engines a particular pollutant group Euro standards are assigned to I-V). The term is also used when such driving bans also apply to certain vehicles with gasoline engines, usually the Euro standards I-II. The aim of the diesel driving bans is to ensure the controversial nitrogen oxide immission limit of 40 micrograms per cubic meter of outside air set by the European Union . With the so-called Diesel judgment , the 7th Appeal Senate of the German Federal Administrative Court (BVerwG) declared the traffic ban for diesel vehicles to be permissible on February 27, 2018. In the course of 2018 and 2019, driving bans were issued in some German cities or debated in local politics and by the courts.

Overview by municipalities (selection)

Prohibition sign in Max-Brauer-Allee in Hamburg-Altona

Germany

Baden-Württemberg

  • According to the decision of the state government of Baden-Württemberg, diesel vehicles that do not meet at least the Euro 5 standard are no longer allowed to enter the city area in Stuttgart since January 1, 2019 (only non-residents, since April 1 also from Stuttgart). In contrast to Berlin and Hamburg, the diesel driving ban was adapted to the “ environmental zone ”, which existed in numerous German cities before the diesel driving bans were introduced. Since the beginning of 2019 there have been regular demonstrations (see yellow vests movement ) against the diesel driving ban . As of 2020, the diesel driving ban will be extended to the Euro 5 standard.
  • In Ludwigsburg , the case will be taken to the Federal Administrative Court .

Bavaria

Berlin

  • In Berlin , following a decision by the administrative court on October 9, 2018 , the Berlin Senate Department had to issue driving bans for diesel vehicles on eight streets in the urban area that do not meet Euro Standard 6, including on particularly heavily used sections of Leipziger Strasse and Friedrichstrasse. The DUH had sued. In addition, the Senate had to prepare a second update of the clean air plan. This was passed on July 23, 2019 and includes, in addition to driving bans, the arrangement of speeds of 30 km / h on a further 33 heavily traveled routes. An extension of driving bans to 120 road sections must be examined by the state of Berlin. The driving bans have been in force since the end of November 2019. Residents, craftsmen, taxis, delivery and care services are excluded. In addition, a speed limit of 30 km / h applies on the affected road sections. At the same time, the administrative court had ruled that it was not absolutely necessary to extend the section-wise driving bans to the entire “environmental zone”, which encompasses the majority of the city center, as the limit values ​​are observed in many parts there.

Hamburg

  • In Hamburg , driving bans for diesel vehicles that do not meet Euro 6 standards were issued in 2018 on Max-Brauer-Allee and Stresemannstraße . The ban applies to both cars and trucks on Max-Brauer-Allee, and only to trucks on Stresemannstraße. In 2018, the nitrogen oxide values ​​had not improved, as the BUND announced in early 2019. Accordingly, the value on Max-Brauer-Allee was unchanged at 46 micrograms per cubic meter of air . According to the Hamburg environmental authority, the two prohibited roads were closed for longer in the year before and there was therefore no decline in the year after. By May 2019, the annual mean values ​​in Max-Brauer-Allee had fallen by two percent, in Stresemannstrasse by around 13 percent and were just above the limit value. If the trend continues, Environment Senator Jens Kerstan (Greens) wants to lift the driving ban on Stesemannstrasse by 2021 and on Max-Brauer-Allee by 2023.

Hesse

  • Frankfurt am Main : A diesel driving ban was planned, probably from February 2019 in the entire existing "environmental zone" within the Frankfurt motorway ring . However, the city and state have obtained an appeal from the Hessian Administrative Court in Kassel against the driving ban ruling. The hearing before the Administrative Court was scheduled for December 10 and 11, 2019.
  • In Darmstadt , the country agreed Hesse with DUH and the organic traffic Club Germany (VCD) by a comparison . Driving bans for diesel vehicles up to Euro 5 and petrol up to Euro 2 were negotiated. The driving bans have been in effect since June 1, 2019 on a 640-meter-long section in Hügelstrasse at the city ​​tunnel and a 330-meter-long section on Heinrichstrasse. In addition, lanes are to be reduced and the maximum permissible speed limited to 30 km / h. The package of measures will be tightened if nitrogen dioxide pollution (NO 2 ) does not fall below the EU limit in the second half of 2019 . Meanwhile (April 2019) a new asphalt is being applied to an affected section , which is supposed to bind the nitrogen oxides.
  • In Wiesbaden , a clean air plan was put into effect on February 11, 2019, with which driving bans can be dispensed with. On February 13, 2019, the DUH and the VCD reached an agreement with the government before the administrative court that the measures adopted on February 11 to reduce NO 2 pollution should be sufficient. The case against the city was thus dropped. In cooperation with Siemens Mobility , the city wants to put a new digital traffic control system into operation by the end of 2020 in order to better control traffic emissions.

North Rhine-Westphalia

Of the three million registered diesel cars in North Rhine-Westphalia , over 2.1 million are affected by a diesel driving ban. The DUH is suing the state of North Rhine-Westphalia because the nitrogen oxide limit values ​​are exceeded in a total of 14 cities.

  • In Cologne , according to the decision of the Cologne Administrative Court (November 2018), diesel bans should be introduced from April 2019. However, the state government has obtained an appeal from the Higher Administrative Court of North Rhine-Westphalia in Münster.
  • From July 1, 2019: Driving bans for diesel vehicles in Essen (diesel emissions standard Euro 1–4 and petrol vehicles of classes Euro 1 and 2. From September also for Euro 5 diesel) and Gelsenkirchen (diesel emissions standard Euro 1–5). With the A 40 , a motorway will be included in a driving ban zone for the first time.
  • In the cities of Düsseldorf and Aachen , the responsible courts have instructed the state governments to examine driving bans. On January 9, 2019, the city of Düsseldorf decided to introduce two environmental lanes in Merowingerstraße and Prinz-Georg-Straße to prevent diesel driving bans as far as possible. These can be used by buses, taxis, bicycles and electric cars. After the administrative court of Aachen sentenced the Cologne district government on June 8, 2018, to update the clean air plan and to add diesel driving bans, after the appeal of the district government, public negotiations were held on July 31, 2019 at the higher administrative court of Münster. A fundamental decision for further proceedings in North Rhine-Westphalia was intended in advance. In the hearing on July 31, 2019, the OVG in Münster gave the DUH right. The clean air plan of the city of Aachen is illegal and has to be revised because it was created on an outdated database. Furthermore, the OVG did not order any driving bans. The chief judge, Max-Jürgen Seibert, said that it made no sense to issue driving bans when the limit value was only exceeded slightly, which would have to be lifted after six months. From November 2019 Tempo 30 will be introduced across the board within the Alleenring.

Rhineland-Palatinate

  • In Mainz , following the judgment of the administrative court of October 24, 2018, a diesel driving ban will be decided on September 1, 2019 if the mean value for nitrogen dioxide in the first six months of the year is above the limit value. Possible driving bans must be included in the clean air plan by April 2019. The plaintiff was the DUH. The Higher Administrative Court of Rhineland-Palatinate will decide in 2020 whether the city's clean air plan is sufficient .

Problems and criticism

Critics fear that driving bans that do not affect the entire city area but only individual road sections will lead to alternative traffic on other road sections and thus more to a relocation than a solution to the problem. A shift in emissions can also happen when older diesel cars are exported . In 2017, around 350,000 diesel vehicles found their way to Poland , most of them from Germany. And this even though, according to the WHO , in 2017 of the 50 European cities with the highest air pollution, 33 were in Poland.

The respective emission standard of motor vehicles in Germany is currently neither recognizable by the license plate nor by an environmental badge. The only proof is in the vehicle registration document; this makes checks more difficult for the police, as the vehicles can only be checked by stopping and not in stationary or moving traffic . For this reason, there is a requirement to introduce a " blue sticker " for diesel vehicles that meet the relevant emissions standard.

The term environmental zone is used when a corresponding environmental sticker is required to enter a specific zone. When the green environmental zone was introduced in Berlin in 2010, this environmental zone meant that diesel vehicles up to Euro 3, which could be registered for the first time by December 31, 2005, required a hardware upgrade, unless they were already equipped with one Diesel particulate filter fitted. Gasoline engines had to have at least one regulated catalytic converter . This has been mandatory since 1993 (see exhaust gas legislation ). The first green environmental zone therefore banned entry with some 4-year-old diesel cars and some 17-year-old petrol vehicles. When the diesel driving ban for gasoline-powered vehicles was introduced in Darmstadt in 2019 (see Hesse above), some 4-year-old diesel cars required hardware retrofitting. Gasoline engines up to Euro 2 that were at least 18 years old at the time the driving ban was introduced were also affected. There is practically no delimitation in terms of content from the environmental zone with regard to the type and scope of the vehicles concerned. In addition to the "diesel driving bans for petrol engines", this is another argument why the term "diesel driving ban" itself can be viewed as questionable.

See also

Web links

Individual evidence

  1. Driving ban for petrol vehicles: What do I need to know? Does the diesel driving ban also apply to some petrol engines? Retrieved August 6, 2019 .
  2. 39th BImSchV. § 3 Immission limit values ​​and alarm threshold for nitrogen dioxide (NO 2 ); critical value for nitrogen oxides (NO x ). Retrieved August 6, 2019 .
  3. BVerwG, judgment of February 27, 2018 - 7 C 30.17
  4. Merkel wants to make diesel driving bans more difficult by law. In: tagesspiegel.de . October 22, 2018, accessed August 6, 2019.
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  8. ^ Revision against diesel driving ban in Ludwigsburg. In: swr.de. December 27, 2019, accessed December 29, 2019 .
  9. a b kilometer by kilometer. In: Süddeutsche Zeitung . October 9, 2018, accessed August 6, 2019 .
  10. ^ Environmental zone in Munich. In: muenchen.de . Retrieved August 6, 2019 .
  11. ↑ Funding notification for Green City Plan: digitized the nitrogen on the collar. In: wuerzburg.de . Retrieved August 6, 2019 .
  12. Diesel driving ban in Würzburg: Now the German environmental aid is suing. In: infranken.de . January 10, 2019, accessed August 6, 2019 .
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  14. Diesel driving bans and Tempo-30 for air pollution control. Senate Department for the Environment, Transport and Climate Protection, Clean Air Plan, 2nd update. Retrieved August 4, 2019.
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  19. Clean Air Plan, 2nd update (2019). Senate Department for Environment, Transport and Climate Protection. July 23, 2019, accessed August 4, 2019.
  20. a b c Diesel driving ban: questions and answers. In: Norddeutscher Rundfunk . Archived from the original on January 2, 2019 ; accessed on August 4, 2019 .
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  23. Diesel driving bans: Kerstan promises the end. In: Norddeutscher Rundfunk from May 31, 2019, accessed on August 4, 2019.
  24. 2019 will be serious: Diesel driving bans can hardly be prevented. In: welt.de . December 27, 2018, accessed August 6, 2019 .
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  29. Darmstadt is converting diesel driving bans. In: hessenschau.de . April 25, 2019, accessed August 6, 2019 .
  30. ↑ The clean air plan in Wiesbaden comes into force. In: hessenschau.de . February 11, 2019, accessed August 6, 2019 .
  31. Federal government is making progress with plans against diesel driving bans. In: Neue Zürcher Zeitung (NZZ) . February 14, 2019, accessed August 6, 2019 .
  32. ^ Diana Unkart: Digital traffic flow in Wiesbaden. In: fr.de . October 28, 2019, accessed November 3, 2019 .
  33. Thomas Reisener: 2.1 million endangered diesels in NRW. In: rp-online.de . January 4, 2019, accessed August 6, 2019 .
  34. a b Deadline for clean air for Aachen: Higher Administrative Court is negotiating a complaint from Deutsche Umwelthilfe. In: presseportal.de. July 29, 2019, accessed August 6, 2019 .
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  36. ^ Environmental traces in Düsseldorf. In: ARD . January 9, 2019, accessed August 6, 2019 .
  37. No diesel driving ban in Cologne for the time being: Driving bans for diesel vehicles are disproportionate. In: epochtimes.de . February 1, 2019, accessed August 6, 2019 .
  38. NRW must seriously consider diesel driving bans for Aachen. , in Zeit Online, July 31, 2019, accessed on August 6, 2019
  39. Aachen is preparing Tempo 30 against a diesel driving ban. In: welt.de . October 26, 2019, accessed October 26, 2019 .
  40. Administrative court - Mainz has to prepare a diesel driving ban. In: Spiegel Online from October 24, 2018. Accessed August 6, 2019.
  41. ↑ The dispute over driving bans in Mainz continues to smolder. In: swr.de. December 29, 2019, accessed December 29, 2019 .
  42. ^ Reinhard Laska, Magdalena Szaniawska-Schwabe: Old diesel cars for Poland. In: zdf.de ( Frontal21 ). April 9, 2019, accessed August 6, 2019 .
  43. https://www.berlin.de/senuvk/umwelt/luftqualitaet/umweltzone/de/allgemeines.shtml Umweltzone - General / Umweltzone - what is that? , on Berlin.de, accessed on July 6, 2020