No truck traffic
The arrangement of a passage ban means that a road dedicated to public traffic is restricted .
Reasons for the introduction
First and foremost, driving bans are imposed in order to relieve traffic on heavily used roads and thus improve the quality of life of the residents.
If an urban street is relieved of traffic, this usually means less noise for the residents , less pollution from exhaust gases and fine dust , an improvement in traffic safety and higher-quality properties.
It is also to be expected that the flow of traffic will improve for the other road users.
Within the European Union, some cities see the introduction of a drive-through ban as an important instrument in order to comply with an EU directive that has been in force since 2005, according to which there may not be more than 35 days per year on which fine dust pollution reaches more than 50 micrograms per cubic meter of air .
The issue of driving bans in Germany gained particular attention in 2005, when the truck toll was introduced on German autobahns and higher traffic loads were to be expected on parallel federal highways due to alternative traffic. With the passage ban, the alternative traffic can now be prevented, so one argumentation. However, this often results in problems such. B. for owners of mobile homes.
Legal situation in Germany
The arrangement of restricted access to a road dedicated to public traffic can result from the road traffic law and road traffic law.
In a judgment of March 13, 2008, the Federal Administrative Court specified the requirements for ordering a drive-through ban. For example, according to Section 45 (9) sentence 3 StVO, restrictions and bans on flowing traffic can be ordered to protect the resident population from noise and exhaust fumes and for reasons of safety and order in the event of significant effects of changes in traffic conditions due to toll escape. The Federal Immission Control Ordinance provides clues as to when the load is sufficient to create a so-called truck traffic ban .
When experts in Stuttgart noted that a truck traffic ban in the planned area did not work across the board, the Stuttgart Administrative Court commented on the Stuttgart action plan and described a truck traffic ban as a generally suitable short-term measure. Because even if the arrangement does not work across the board, the decisive factor - also for reasons of proportionality - is improved air quality in particularly heavily polluted areas.
With the change in the road traffic regulations on January 1, 2006, the additional sign “Through traffic” and the additional sign “12 t” were introduced, which can supplement the sign 253 “Ban on motor vehicles (symbol truck)”.
Problems
The interpretation of the prohibition sign depends from country to country: The prohibition sign 253 in Germany is a "ban on motor vehicles with a permissible total weight over 3.5 t, including their trailers, and tractors, with the exception of passenger cars and buses" , so mobile homes are also over 3.5 t and the like affected by such a ban. The analogous sign in Austria refers to the type of approval truck ; Signal 2.07 in Switzerland, in turn, relates to all motor vehicles and articulated vehicles with a total weight of more than 3.5 t; however, company cars are excluded from this.
Individual evidence
- ↑ Background information on fine dust in the Spiegel article "We need penalties in order to achieve our goal". December 28, 2007.
- ↑ No passage for trucks on the federal highway 7/27/400. (PDF; 57 kB), expert opinion by lawyer Ursula Philipp-Gerlach for the [BUND], 30 June 2003.
- ↑ No truck traffic - when can the evasive toll traffic be stopped? Lawyer Matthias Möller-Meinecke on the judgment of the Federal Constitutional Court of March 13, 2008.
- ↑ Fine dust: So far no adequate action plan for the state capital Stuttgart. ( Memento from July 17, 2012 in the web archive archive.today ) Press release from the Stuttgart Administrative Court, August 19, 2009.
- ↑ Article on truck traffic bans ( memento from January 5, 2013 in the web archive archive.today ) on the website of the Bavarian State Ministry for Environment and Health.