The planned release for electric scooters on sidewalks in violation of the basic law. This is the conclusion of the Berlin economic and environmental rights activist Prof. Dr. Stefan Klinski in a Legal short reports. Klinsky teaches since 2004 at the Berlin University for science and law (HWR), with a focus on constitutional law, transport law and environmental law. In addition, he created scientific, legal opinions, e.g. for the German Federal environment Agency.

The Federal transport Ministry plans to the end of may the approval of electric micro-vehicles. In the latest draft of 19. February thought for the Moped driving license is compulsory for scooter with steering and grab bars abolished. You may in the future be of 12-Year-olds dangers. Two classes were created: scooter between 6 and 12 km/h. on only on sidewalks, those to bike paths, between 12 and 20 km/h priority

the Federal Minister of transport, Andreas Scheuer (CSU) announced the exception regulation for E-vehicles without steering and tie rod on sidewalks “is not legally tenable,” says kilinski. The subject of the E-Skateboards, hover boards, or One-Wheeler under 12 km/h. Because they are, according to the Federal office for roads too dangerous for Cycling, and there, according to the Ministry of transport, the traffic flow would interfere, they have to travel on sidewalks. Appropriate plans have not been denied by the Ministry, in spite of repeated request.

Against the plans, pedestrian associations, the accident researchers Siegfried Brockmann sees this as a danger to the pedestrians. Klinsky comes to the conclusion, that there is a lack of such legal regulation generally speaking, a sufficient basis for authority in the road traffic act (StVG). The authorize in principle, to the adoption of legal regulations. However, the basic law provides in article 80, paragraph 1, sentence 2, that a regulation is “content, purpose and extent of the authorization in the law” to be determined, as Klinsky. Crucial is § 6 Para. 1 No. 3 StVG, empowered to regulate, by Ordinance, “the other for the preservation of safety and order on public roads (…) the necessary measures”.

In the case law and literature was, however, agreed that under the two objectives “safety” and “order” of the security is the priority. In addition, the provision of the legal regulation must serve the preservation of security and order. “A share of sidewalks for hover boards or other electric vehicles, however, would not serve the preservation of the security, but new dangers on sidewalks create,” says kilinski. “You would not be the order of the traffic, because it brings you either for the flow of the traffic on the road for smooth traffic, pavement Use, but its fine, on the contrary, more difficult.”

The regulation would be enshrined in the basic law state protection bid disregard

With the planned General release for vehicles under 12 km/h this would allow the interest to use the E-vehicles on sidewalks, priority over the security interests of the pedestrians and in the interest of an orderly sidewalk traffic. The two objectives of § 6 Abs. 1 No. 3 StVG would be violated, so Klinsky. Therefore, it this as unconstitutional classified. § 6 Abs. 1 no. 2 of the act, Klinsky, would allow the Federal government, although the enactment of regulations on “exceptions”. The proposed rule would not, however, correspond to the type of an exception, because they apply generally to all the pavements in Germany, and thus the character of the walkways as in principle, the foot traffic is reserved in General would change. Conceivable, at best, partial exceptions for particularly good reasons”, but the new General rules are, according to the Klinsky “. Even the Ministry of transport has given the expected hazards caused by E-vehicles for pedestrian recently publicly in the Bundestag.

should Also be compared with the planned legal regulation, the walkways for E-vehicles up to 12 km/h free, “there are fundamental constitutional concerns,” said Klinsky. Thus, the basic law would take precedence contrary to the economic interests of the manufacturer and the interests of the users of the health and safety interests of pedestrian granted. If the Ministry of transport intends to create a system that would be according to the Klinsky only after prior Modification of the StVG. But this was not consistent because of the danger to pedestrians with the basic law guaranteed the state’s duty to Protect the physical integrity of the road. Klinsky: “The Federal constitutional court, a special weight to the fundamental right to bodily integrity, and explicitly.”

in addition, the release would lead to a restriction of the basic law-article 2, paragraph 1, of the protected “General freedom of action of the pedestrian”, as these could move to the sidewalks less free than before. To these constitutionally protected interests is a General release for much faster E-vehicles is not proportionate, as Klinsky.

Also, restrictions such as a maximum speed of 12 km/h, a special consideration increased bid or a compulsory insurance requirement is expected to change that, so Klinsky. Although the dangers would be set so “to some extent” down, but not to a level “that could be arranged in the balancing of interests, as legally reasonable”. In addition, it must be expected that, as in the road traffic, not all of the rules would hold. “In its consideration of the law/Regulation is not unrealistic under, the relevant prohibition would virtually always followed,” says kilinski. “He has to go out of the actual danger of the situation.”

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