Berlin-Mitte - Court confirms 30 km/h speed limit on Leipziger Straße
The speed limit of 30 kilometers per hour on Leipziger Straße is lawful. This was decided by the Berlin Administrative Court on Tuesday. The court ruled that a driver's complaint against the speed limit in the section from Potsdamer Platz to Charlottenstraße was unsuccessful. According to a spokesperson, the man did not consider the speed limit to be suitable for reducing air pollution.
The speed limit for the section of Leipziger Straße was ordered by the Berlin Senate in 2018, as on many other roads, due to excessive nitrogen dioxide levels in order to improve air quality. The plaintiff had argued that the limit value of 40 micrograms of nitrogen dioxide per cubic meter had not been reached at this location in recent years, contrary to the Senate's forecasts.
In the court's view, there is much to suggest that the values have only fallen as a result of the measures taken. This does not call the forecast into question, it said. The evaluation of the more recent measured values is reserved for the upcoming update of the clean air plan, the Administrative Court said.
The ruling is not legally binding. However, the plaintiff would first have to obtain permission to appeal to the Berlin-Brandenburg Higher Administrative Court.
Communication from the court
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- The ruling from the Berlin Administrative Court upholds the traffic regulation, setting a speed limit of 30 kilometers per hour on Leipziger Straße, which extends from Potsdamer Platz to Charlottenstraße, despite a concerned driver's objections.
- This decision follows complaints from a motorist who felt that the speed limit, enforced in 2018 by the Berlin Senate on Leipziger Straße and various other roads, due to excessive nitrogen dioxide levels, was not necessary to improve the climate.
- The administrative court in Berlin ascertained that despite the plaintiff's claim that the predicted nitrogen dioxide levels of 40 micrograms per cubic meter were not reached at this location in recent years, there is evidence to suggest that the decrease in the pollutant levels is due to the implemented measures.
- Despite the court's decision not being legally binding, the man must first obtain permission to appeal his case through the Berlin-Brandenburg Higher Administrative Court.
Source: www.stern.de
