Recommended speed

from Wikipedia, the free encyclopedia

As recommended speed is called on roads without speed limit , a speed , and compliance is the drivers recommended.

European Union

Since January 1, 2009, most of the member states of the European Union have had speed restrictions for cars of a maximum of 140 km / h. Only in Germany is a recommended speed of 130 km / h, a speed limit is controversial in legal policy.

Case studies by the International Transport Forum show that reducing the maximum speed limit leads to significant reductions (usually more than 10%) in the number of people killed on these routes.

Germany

The Motorway Guideline Speed ​​Ordinance recommends not to drive passenger cars or other motor vehicles with a gross vehicle weight of up to 3.5 t on motorways and on certain other roads outside built-up areas, even in favorable road, traffic, visibility and weather conditions to drive faster than 130 km / h (recommended motorway speed). This does not apply if there are maximum speeds according to the StVO or its signs ( § 1 Motorway Guideline Speed V).

The recommended speed of a maximum of 130 km / h on motorways does not include a recommendation to maintain a minimum speed . It is only recommended not to drive faster than 130 km / h.

Exceeding the recommended speed is not a traffic offense , as the Motorway Recommended Speed ​​Ordinance does not refer to Section 24 StVG. In the event of an accident, however, a higher joint liability can be taken into account due to an increased operational risk .

However, the speeds driven on sections of the autobahn with a recommended speed are often significantly higher. An example from the A9 in the Niemegk area shows: “On average, well over 60% of road users drive faster than 130 km / h. More than 30% of road users drive faster than 150 km / h on average. "

Signage

Traffic sign 393 StVO: Information board at border crossing points with reference to the recommended speed of 130 km / h on motorways as well as the maximum permitted speeds in and out of town (50 or 100 km / h).

On some motorways (e.g. A9 in Brandenburg ), the recommended speed of 130 km / h is indicated, although this is actually superfluous, as the recommended speed also applies without traffic signs. However, it is displayed on the road sign 393 at the border when entering Germany.

With the traffic signs 380 and 381, a recommended speed lower than 130 km / h could be determined for a route. On April 1, 2013, the regulation for the revision of the road traffic regulations came into force. The traffic signs 380 and 381 have been deleted without replacement, whereby signs that have already been set up should continue to apply until October 31, 2022 to avoid immediate re-signing ( Section 53 (2) No. 4 StVO ).

Jurisdiction to disregard the recommended speed

Exceeding the recommended speed is neither an administrative offense nor a criminal offense. However, liability in the event of an accident may result from contributory negligence , as the case law has established in various cases.

If a driver who has exceeded the recommended speed of 130 km / h is involved in an accident through no fault of his own, he is liable for the accident damage on a pro-rata basis, unless he can prove that it was also at a speed of 130 km / h would have come to the accident with comparable serious consequences.

The Federal Court of Justice ruled in 1992: "Anyone who drives faster than 130 km / h increases the risk, in a liability-relevant manner, that another road user will not adapt to this driving style, in particular underestimating the speed."

A judgment of the Nuremberg Higher Regional Court shows that even if the person driving too fast is the victim of the accident, contributory negligence can result from this. This means that even if the other party in the accident is largely at fault, for example if he immediately switched to the left lane after driving onto the motorway, the injured party must bear part of the damage himself.

A vehicle driver who exceeds the recommended speed of 130 km / h with 200 km / h by more than 50% and thus massively on a motorway with his car - especially when it is dark - carries a vehicle in the event of an accident - including a serious traffic violation by the other party Joint liability . The judges based their judgment on the fact that the recommended speed was specifically recommended to reduce the dangers that experience has shown from operating a motor vehicle at high speed. On the other hand, if you ignore the recommended speed in a massive way, especially in the dark, as is the case here, you will reduce the given scope for accident prevention to almost zero in favor of your own rapid progress. A speed in the range of 200 km / h generally no longer makes it possible to recognize and adapt to imponderables in the development of a traffic situation that is regularly characterized by the actions of several road users.

Switzerland

Traffic signal recommended speed

A recommended speed was introduced in Switzerland on a trial basis in the spring of 1965. The federal government set recommended speeds for three motorway sections and one section of the motorway . The recommended speed is the range of the appropriate speed. It should not be exceeded, but also not be undercut for no reason. A recommended speed board was set up every 3 to 5 km. The recommended speed was definitely introduced in 1966, but the provision still contained in the 1965 order, "The driver is liable to prosecution if he endangers or hinders traffic by deviating from the recommended speed." dropped.

The following sections were established by the federal government in 1965 and 1966:

section Recommended speed 1965 Recommended speed 1966
Lausanne – Geneva motorway 80–100 km / h (local area of ​​Morges)
80–120 km / h (remaining route)		 80-120 km / h
Motorway Bern – Oensingen Depending on the section:
60–100 km / h
70–100 km / h
80–120 km / h		 70–110 km / h (ascent to Grauholzhöhe, both directions)
80–120 km / h (remaining route)
Lucerne – Hergiswil motorway 60–80 km / h (entrance Ennethorw in the direction of Hergiswil)
60–100 km / h (remaining route)		 70-100 km / h
Heiligkreuz / Chur – Reichenau motorway 70-110 km / h 80-120 km / h

In practice, the recommended speed should not have been successful. Recommended speeds, “even those of 120 km / h are exceeded even in heavy rainfall”. The experiment was ended in 1973 with the oil crisis and the general introduction of maximum speeds outside of the city and on motorways.

Individual evidence

  1. ↑ cf. Answers to a questionnaire on road construction, technical construction, noise protection requirements and the effects of a speed limit Scientific Services of the German Bundestag , elaboration from December 1, 2009, p. 10 f.
  2. ^ German Road Safety Council (DVR): Collection of facts: Effects of a speed limit of 130 km / h on motorways Status: June 4, 2018, p. 5.
  3. ↑ cf. Discussion: General speed limit of 130 km / h on motorways Collection of arguments and counter arguments. Traffic victim accident assistance Germany , 2019.
  4. ↑ Matthias Breitinger: Speed ​​limit: "In road traffic there is a rather archaic image of society" Interview with Bernhard Schlag . Die Zeit , January 29, 2019.
  5. ^ Bernhard Schlag: Free travel for mad citizens? Discussion about a speed limit on German autobahns. DVR press seminar, June 27, 2019.
  6. ↑ Ordinance on a general recommended speed on motorways and similar roads (Motorway Recommended Speed ​​V) of November 21, 1978 (Federal Law Gazette I, p. 1824).
  7. ↑ What is the recommended speed in Germany? bussgeldkatalog.de, accessed on August 7, 2020.
  8. ↑ Noise Action Plan 2008 of the city of Gera (PDF; 4.9 MB). Accessed on August 27, 2013: “The real speed on“ approved ”motorway sections is, however, significantly higher, like the example shown in Fig. 54 from the A9 in the Niemegk area shows. The V85 is sometimes over 170 km / h. On average, well over 60% of road users drive faster than 130 km / h. More than 30% of road users drive faster than 150 km / h on average "
  9. ↑ Even without a speed limit: What can happen if you drive faster than 130 km / h Kölnische Rundschau , February 27, 2020.
  10. ↑ Joint liability for exceeding the recommended motorway speed. Liability distribution . In: Verkehrsrecht aktuell , edition 3/2000, p. 38, ISSN  1615-3995 .
  11. ^ BGH, judgment of March 17, 1992, Az. VI ZR 62/91, BGHZ 117, 337; NJW 1992, 1684; Full text .
  12. ↑ OLG Nürnberg, judgment of, Az. 13 U 712/10, full text .
  13. ↑ OLG Stuttgart , judgment of November 11, 2009, Az. 3 U 122/09, full text .
  14. ↑ a b OLG Koblenz , judgment of October 14, 2013, Az. 12 U 313/13, full text .
  15. ↑ a b AS 1965 304: Order of the Federal Department of the Interior on recommended speeds on motorways and motorways (of March 23, 1965); in the PDF on page 20ff.
  16. ↑ a b Order of the Federal Department of the Interior on recommended speeds on motorways and motorways . July 18, 1966, p. 1342.
  17. ↑ Order of the Federal Department of the Interior on recommended speeds on motorways and motorways . July 18, 1966, p. 1341.
  18. ↑ Small inquiry Schaffer, Maximum speed on motorways, December 12, 1973