- The Authority has chosen to commence the process for the enactment of a fresh Regulation aimed at safeguarding the environment.
Following the verdict on community-led 30 km/h speed limit indicators around Lake Constance, German Environmental Aid (DUH) has announced plans to appeal. The Administrative Court in Freiburg recently ruled that residents must take down the disputed signs due to the risk of confusion between homemade signs and official speed limit signs.
Jürgen Resch, DUH’s managing director, revealed to the German Press Agency their intentions to file an appeal with the next level jurisdiction, the Administrative Court of Appeal (VGH) in Mannheim. The organization stands in solidarity with the litigants from Höri peninsula, Lake Constance. The VGH serves as the highest administrative court for Baden-Württemberg.
Court: Confusion over homemade signs
The Freiburg Administrative Court recently ruled that residents must remove the controversial signs based on the visual appeal of a sign being critical when viewed quickly. The signs display words like "Voluntary", a mock 30 km/h symbol, and images of sprinting children.
In these areas, the conventional speed limit of 50 km/h applies, as stated earlier. The Freiburg court’s decisions in three specific cases are not yet binding law, as indicated earlier.
DUH: Question of residents' rights
"This case, backed by DUH, revolves around whether residents endangered by speeding can request drivers to slow down with 'Voluntary 30' signs," clarified Resch. He believes this is a fundamental legal question that must be resolved.
No date for the main hearing has been set yet. In Freiburg, the plaintiffs’ urgent applications were recently dismissed. "Until the court hearing, we will make every effort to ensure that the signs now displayed continue to promote slower driving in Höri's winding villages," said Resch.
Fines of 800 euros threatened
The Constance District Administration Office had issued removal orders for the signs in April, according to the Freiburg court. Those who had placed the signs faced potential fines of 800 euros, as announced last year.
The local Green party initiated a "private initiative for climate protection, increased traffic safety, and reduced noise" in the fall of 2021. The signs were obtained and distributed during this initiative. (Case numbers: 6 K 2226/24, 6 K 2227/24, 6 K 2228/24)
The Commission, in its capacity, may need to consider adopting implementing acts to clarify the application of regulations in relation to community-led speed limit signs, following the ongoing legal dispute. DUH's appeal to the Administrative Court of Appeal in Mannheim seeks to uphold residents' rights to promote slower driving in their communities, citing the importance of clarifying this legal issue.
