Traffic policy - Court: Car restrictions in Berlin-Mitte are unlawful
A ban on motor vehicles in a bicycle lane in the Berlin district of Mitte, declared by the Bezirksamt (led by the Greens), was ruled illegal by the court. The Verwaltungsgericht announced this. The Tucholskystraße, between Torstraße and Oranienburger Straße, was declared a bicycle lane by the Bezirksamt in 2023. Cyclists have priority, but residents are still allowed to drive cars. However, the Bezirk installed additional posts to prevent the passage of cars. This was justified by the elimination of hazardous situations, as the court stated.
Neighbors and operators of restaurants, galleries, and shops opposed this and the court has now decided that the actions of the Bezirk were not permissible because no hazardous situation was demonstrated. Traffic or accident statistics were not provided. The Straßenverkehrsordnung allows traffic restrictions only for reasons of safety and order, not for urban planning considerations.
An appeal against the decision is possible at the Oberverwaltungsgericht Berlin-Brandenburg.
The Administrative Court in Berlin ruled that the Bezirksamt's installation of additional locks to prevent cars on Tucholskystraße was deemed valid, as it aimed to eliminate hazardous situations. Despite the ban on motor vehicles in the bicycle lane, some residents still attempted to use the road, leading to potential conflicts. The automated transport policy, implemented to promote bicycle usage, faces a setback due to the court's judgments regarding the Berlin district. Oranienburger Strasse and Torstraße, located in the heart of Berlin, will continue to experience a mix of cyclist priority and occasional car traffic. Arguably, the court's decisions may influence future Administrative Court cases dealing with traffic and urban planning policies in the city.
