What's new in European Traffic Law?
EU Parliament decision on road safety
The EU Parliament calls on EU countries to make greater efforts in road safety. On Wednesday (6.10.2021), a resolution to this effect was adopted with 615 votes in favour, 24 against and 48 abstentions.
0.0 per mille, speed 30, mobile phone off
According to the resolution, among other things, a zero alcohol limit and a speed limit of 30 km/h in residential areas and places with high bicycle and pedestrian traffic is demanded. Furthermore, drivers' mobile and electronic devices are to be equipped with a "safe driving mode". This mode is intended to reduce distraction while driving. In addition, there are to be insurance and vehicle tax incentives for the purchase of particularly safe vehicles.
European Road Transport Agency
It is also called for prioritise investments with the greatest road safety benefits, paying particular attention to the most accident-prone areas (e.g. Romania). The Member States should also establish national road safety funds as mechanisms for collecting fines and redistributing resources raised for road safety. Finally, a European Road Transport Agency should be established to ensure sustainable, safe and intelligent road transport.
EU could not reduce accidental deaths as planned
Every year, around 22,700 people are killed in road traffic accidents in Europe, and around 120,000 are seriously injured. The EU target of halving the number of fatalities in traffic between 2010 and 2020 was not achieved, with a decrease of 36 percent. Among the safest countries is Sweden with 18 road deaths per million inhabitants. Romania brings up to 85 fatalities. The EU average is 42, in Germany there were 33 deaths on the roads in 2020. About 30 percent of all fatal accidents are due to excessive speed, about 25 percent are the result of drink-driving.
Uniform regulations for e-scooters
Also regarding electric scooters, the lack of legislation in some Member States and different rules in different countries are criticised, which "can make it difficult for visitors to follow local regulations". In addition, people with disabilities and reduced mobility should be better taken into account in the planning and construction of roads.
It remains to be seen whether these very strict demands of the deputies will be implemented and finally followed by the citizens. Nevertheless, the demands are certainly suitable for making traffic safer.
Visit our homepage for more information on mobility in Europe: https://www.eutrafficlaw.com/topics/what-s-new-in-europe/
Climate ticket in Austria
From the 26th of October on, it will be possible to use almost all buses and trains in Austria with the new Climate ticket. The ticket will be valid for one year and costs € 1,095. The early bird ticket, available until 31th of October, costs € 949. People aged up to 25 or older than 64 can use the climate ticket special, which costs regular € 821 and as the early bird version € 699. You can book the tickets at https://www.klimaticket.at/en/.
With the climate ticket, the Austrian government is pursuing the goal of getting more people to use public transport. With only € 3 per day, the use of public transport should be more attractive for many commuters than using the car. Furthermore, the climate ticket is cheaper than the most tickets for the federal states, except of Vienna where a one-year public transport ticket only costs € 365. Therefore, some federal states are now planning to reduce the prices for local annual tickets.
Austria plays a pioneering role in Europe when it comes to cheap local transport. In addition, public transport is only free in Luxembourg. Moreover, other European want to improve their local public transport and their train system. For example, Italy wants to invest a lot of money in the expansion of high-speed trains and regional transport. Also the Trans-Europ-Express 2.0 will enable a better train connection between European metropolises in future. For more information about this topic visit our homepage https://www.eutrafficlaw.com/topics/what-s-new-in-europe/.
The expansion of the train connections and the improvement of services and prices are essential building blocks of the mobility transition. It will therefore be interesting to observe how the new offers in Austria affect the mobility behavior of the population.
Source: Pexels; Alesia Kozik
The European Traffic Law Day 2021 took place yesterday
This year’s European Traffic Law Day took place as an online event. Renowned speakers have presented interesting and currents topics in the field of mobility and traffic law, such as automated driving, European case law (Lawyer Oskar Riedmeyer), news and trends and international claims settlement in the Green Card System or the rules of the MID with news from the President of CoB, Sandra Schwarz and Lawyer Dr. Buse. Lucy Wyles and Simon Ball reported on the latest status after Brexit and the impact on the processing of international claims. Rebecca Huang from the UN gave an update to the development WP.1 proposed resolution: vehicles with automated driving systems: activities other than driving, which can be finalized in summer 2022 (https://unece.org/transport/documents/2021/07/working-documents/global-forum-road-traffic-safety-wp1-resolution) and she reported the UN Charter of Road Traffic Victims’ Rights , which arose from a cooperation between CoB, UNECE secretariat and IETL (https://unece.org/transport/publications/charter-road-traffic-victims-rights-joint-initiative-wp1-secretariat-and).
The President of the IETL, Prof. Ansgar Staudinger, guided through the program and he spoke about the legal aspects and necessary legislative changes with regard to autonomous driving and Artificial Intelligence. Prof. Dr. A. Bernhard Koch from the University of Innsbruck shed light on the various aspects of liability law and reported on a new comparative law study that he has prepared with colleagues for the EU (https://op.europa.eu/en/publication-detail/-/publication/8a32ccc3-0f83-11ec-9151-01aa75ed71a1/language-en).
In addition to interesting information on European traffic law, the participants were able to network with each other and use the IETL platform to get in contact with traffic law experts throughout Europe.
The next IETL-event will be the online-seminar in spring 2022 and the European Traffic Law Day 2022 will take place in Berlin in October 2022.
EUROPEAN TRAFFIC LAW DAY 7 october 2021 - VIDEO CONFERENCE
09:30 Login: Technical test and support for login
10:00 WELCOME: by the President of the IETL, Professor Ansgar Staudinger
10:10 KEY-NOTE SPEAKER: Prof. Udo Di Fabio «Automated Driving - Ethics and Law».
11:00 COFFEE BREAK
11:15 EUROPEAN AND INTERNATIONAL TRAFFIC LAW - Oskar Riedmeyer, Lawyer, Munich: “ECJ case law, MTPL-Directive (Refi t)” - Lucy Wyles, barrister, London and Simon Ball, solicitor, London: «Brexit: where do we stand?» - Rebecca Huang: UNECE: “Vienna Convention on Road Tra c (Topic: Automated Driving, etc.)”
12:15 LUNCH BREAK
13:30 Lukas Neckermann NEWS AND TRENDS IN MOBILITY AND TECHNOLOGY : (a. o. mobility vehicles, electric drive units, intelligent road infrastructure, changing mobility behaviour).
14:15 Prof. Bernhard A. Koch, University of Innsbruck «Personal injury in Europe - important developments in legislation and jurisprudence at European national level».
15:00 COFFEE BREAK 15:15 SETTLEMENT OF INTERNATIONAL CLAIMS Co-moderation: Holger Backu, Jean-Pierre Telloli, Xavier Legendre Sandra Schwarz, President CoB “News from the Council of Bureaux (CoB)” Dr. Michael Buse, Lawyer, Munich and Milan “Green Card and codifi ed MTPL Directive as well as on the financial stability of this system in compliance with the international regulations”.
16:15 END OF THE EVENT - Closing words by the President of the IETL Professor Ansgar Staudinger, University of Bielefeld
Hyperloops in Europe
According to the plans of some private startups, the hyperloop transportation could connect some European regions in the future. This idea is pushed by some European countries and by the EU-project Hypernex, which accompanies the further development and strengthens the European cooperation of the various projects. For more information, visit the homepage of Hypernex at http://hypernex.industriales.upm.es/
Hyperloops are capsules which move in a vacuum tube. Cause the hyperloop is in an almost air gauge tube, the transport of people and goods should be possible with very little resistance. Furthermore, the vehicle should float in the air, which means that no limits are set due to the wheels. This technique should make it possible, to travel with a speed of up to 1.000 kph.
The technique is already being tested in Europe. There is a full-scale system with a tube in Toulouse, where tests are carried out. Also, the European Hyperloop Center (EHC) has opened in 2019 in Groningen. However, there is currently no use of hyperloops for people or goods traffic.
Nevertheless, the goals are ambitioned. According to a plan of a startup, Hyperloops should be used as early as 2025 to transport goods. Over time, passenger connections will also be established. Some pioneers see the possibility of connecting the big Germany cities by a circular route through Germany. Comparable plans existing also in the Netherlands. Moreover, some big European metropolis should be connected by Hyperloop, for example Bratislava and Vienna or Tallinn and Helsinki.
The hope with the introduction of Hyperloops is, that it will enable fast, environmentally friendly transport of peoples and goods. But there is also some skepticism regarding the technical feasibility and the security of Hyperloops.
If you want to find more information about mobility in Europe, visit our homepage: https://www.eutrafficlaw.com/topics/what-s-new-in-europe/
Via remote control to autonomous driving
Now it is public: For two years, the Berlin-based start-up Vay has been secretly driving cars remotely through Berlin. The aim is to launch a new type of taxi service and have the first fleet without a driver in the car on European roads in 2022.
Co-founder and CEO Thomas von der Ohe calls it “teleride”. Customers can order a vehicle via an app, which then drives up to them remotely. The customer then takes the wheel and drives to their destination. Once they arrive at their destination, they can hand the car back to a teledriver, without having to search for a parking space.
Teledrivers sit in a replica cockpit with driver's seat, steering wheel and accelerator pedal in the headquarters of Vay and only see the road they are driving on through cameras. Three screens show the immediate surroundings of the vehicle at a 360-degree angle. The teledriver hears what is being said in the car and what sounds can be perceived around it. According to Ohe, this is enough to brake, accelerate and know whether they can turn left.
In the future, it will be possible to drive autonomously on well-marked and clear stretches of road. In difficult situations, the teledriver should take over. At present, however, Vay is not allowed to jet along the motorway by remote control.
In the future, Vay wants to grab market share not only in the taxi and rental car business, but also in trucking - and offer customers an alternative to buying their own car. To what extent the business model will contribute to the further development of autonomous driving remains to be seen. In any case, it promotes the market entry of driverless technology in the near future.
Read more: https://www.handelsblatt.com/technik/it-internet/autonomes-fahren-berliner-start-up-faehrt-seit-zwei-jahren-autos-per-fernsteuerung-durch-berlin/27587376.html?ticket=ST-1981353-DcRoonuieceoLNWVBgcJ-ap6
Visit our homepage for more information on traffic law in Europe: https://www.eutrafficlaw.com/topics/what-s-new-in-europe/
Subscribe to the IETL’s MiniVOX monthly legal newsletter: https://www.eutrafficlaw.com/service/mini-vox-newsletter/
Austria: Speeding drivers will be punished more severely from 1 September 2021
Motorists beware! In order to deter speeders and reduce the number of road deaths, Austria is increasing fines for speeding to more than double from September 1st.
Not only notorious speeders are affected by this measure, but also participants in illegal car races as well as foreign car tourists who exceed the speed limits too much will not be spared from the higher fines.
New regulations and consequences
Up to 5000 euros could then be due for speeders. Until now, the maximum rate was 2180 euros. However, the maximum penalty is only to be feared in particularly serious cases and in the case of repeat offenders. In future, anyone driving 30 kilometres per hour too fast will have to pay at least 150 euros instead of 70. Anyone who drives more than 40 kilometres per hour too fast in built-up areas or more than 50 kilometres per hour too fast outside built-up areas will have to pay at least 300 instead of 150 euros in future.
In particularly serious cases, i.e. in the case of excessive speed under dangerous conditions, repeated speeding, driving after the revocation of a driving licence for speeding or driving without a licence, the vehicle can even be impounded.
In addition, Austria introduces the criminal offence of "illegal racing": Those who take part in such races must expect to have their driving licence revoked for at least six months. This is followed by traffic psychological examinations.
Even if many drivers have not been deterred by the previous penalties, it remains to be seen whether an increase in fines will have a deterrent effect and whether this will make Austria a role model.
Visit our homepage for more information on mobility in Europe: https://www.eutrafficlaw.com/topics/what-s-new-in-europe/
Subscribe to our MiniVOX Newsletter: https://www.eutrafficlaw.com/topics/minivox-newsletter/
Law for autonomous driving
The German law on autonomous driving came into force on July 28th. With this act, the legal framework was created so that autonomous driving of level four specified operating areas in public road traffic is possible in regular operation. An overview about the different levels of autonomous driving can be found at the homepage of the European Parliament: https://www.europarl.europa.eu/news/en/headlines/economy/20190110STO23102/self-driving-cars-in-the-eu-from-science-fiction-to-reality
As the Ministry of Transport and Digital Infrastructure (BMVI) reports, Germany will be the first country in the world which allows autonomous cars at the road in everyday life independent from any research project. The act allows the use of autonomous driving only for specific vehicles, for example Shuttle-traffic or People-Mover. It also regulates the conditions under which use is permitted. You can find more information at: https://www.bmvi.de/SharedDocs/DE/Artikel/DG/gesetz-zum-autonomen-fahren.html
This act is only a part of the German plan to get a pioneering role in the field of autonomous driving. Already on June 21th 2017 the act for autonomous driving, which regulates the autonomous driving at level three, came into force. Furthermore, Germany enables many different research and development projects for autonomous driving. An Overview of the innovation’s projects can be found at: https://www.testfeldmonitor.de/Testfeldmonitoring/DE/Home/home_node.html
With the different measures Germany want to become a role model for innovation in the field of autonomous driving. The law on autonomous driving is only intended to serve as a transitional solution until uniform standards have been adopted at international level. The BMVI has therefore advocated international standards so far and will continue to do so in the future.
Source: Pixabay, falco
Foreign EU driving licence does not have to be recognised after mere renewal following domestic driving ban
A German citizen with normal residence in Spain and a Spanish driving licence was denied the right to drive a motor vehicle in Germany with this licence after driving under the influence of alcohol in Germany. The German authorities ordered a 14-month ban during which he was not allowed to apply for a new driving licence. During the ban period and also several times later, the Spanish authorities renewed the driving licence and issued him with new documents. Finally, the original plaintiff applied for recognition of the validity of his Spanish driving licence for the federal territory.
No acceptance of renewed driving licence
The German driving licence authority refused to recognise the renewed driving licence because the requirements provided for in German law for regaining the right to drive in Germany, namely the submission of a medical-psychological certificate after driving under the influence of alcohol, were not met. The plaintiff's action was unsuccessful in the first instance as well as in the appeal instance. The Federal Administrative Court then appealed to the ECJ for a preliminary ruling. With its question, it wanted to know whether the German authorities had to recognise the validity of the renewed driving licence in a case such as the present one.
Distinction between issuing and renewing a driving licence
The ECJ also ruled against the plaintiff and confirmed that the German driving licence authority does not have to recognise the validity of the renewed driving licence. This is because, in contrast to the issuing of a driving licence, the Member States are not obliged to check the driving ability in the case of the simple renewal of a driving licence. However, the holder of the driving licence must be able to prove - after the expiry of a possible ban period - that his ability to drive was the subject of an examination at the time of the renewal of that driving licence. This examination must correspond to the medical-psychological examination ordered by the German driving licence authority.
No endorsement of driving bans on foreign driving licences
Ultimately, the ECJ ruled that a Member State may not put an endorsement of a driving ban on a driving licence issued in another Member State, because endorsements on driving licences fall under the exclusive jurisdiction of the Member State in which the holder has his normal residence. However, he is free to contact the Member State of residence with a request to affix such an endorsement. In addition, the Member State of temporary residence may check whether the person concerned has been banned from driving on its territory, for example by electronic interrogation during a traffic check on its territory.
The verdicts: https://curia.europa.eu/juris/document/document.jsf?text=&docid=240543&pageIndex=0&doclang=DE&mode=req&dir=&occ=first&part=1;
Visit our homepage: https://www.eutrafficlaw.com/topics/what-s-new-in-europe/
UK Driving License Fraud
The Federal Court of Justice in Germany has sentenced a defendant in criminal proceedings for fraud in 37 cases and attempted fraud in nine cases to a total imprisonment of four years and three months. You can find the official press release at: http://juris.bundesgerichtshof.de/cgi-bin/rechtsprechung/document.py?Gericht=bgh&Art=pm&pm_nummer=0152/21.
The decision concerned a matter in which the defendant offered a successful brokerage of the English driver’s license for a fee of 1,200€ between the beginning of 2012 and the beginning of 2018. In doing so, he withheld from the contracting parties, that the issue of an English driving license requires a place of residence in England. Therefore, the customers did not receive an English driver’s license. For more information about the English driving license visit the official website: https://www.gov.uk/browse/driving/driving-licences
The Federal Court of Justice decided that the successful brokerage of the driver’s license for the payment of the fee was decisive for the customers. None of the customers received an English driver’s license due to the lack of a residence requirement. In the opinion of the court, the defendant knew this from the start. However, all that mattered to him was to permanently enrich himself with the fee interrogation. The court thus came to the decision, that the criminal offenses existed.
This fact shows that consumer should inform themselves about the requirements before entering a brokerage of foreign driving licenses to avoid fraud.
Visit our homepage for more information about European traffic Law: https://www.eutrafficlaw.com/topics/what-s-new-in-europe/
#driving #license #england #court #decision #judgement #Germany #BGH #fraud #information #street #fee #costumers #UK #Britain #federal #Urteil #mobility #traffic #crime #law #ciminal #Karlsruhe #Europe
No compulsory insurance and license plate requirement for e-bikes
The European Council and the European Parliament have agreed to change the motor vehicle insurance regulations to improve cooperation across the EU. In this context the parties also agreed that e-bikes should continue to be exempt from the regulations.
For more information visit the homepage of the European Parliament: https://www.europarl.europa.eu/news/de/press-room/20210617IPR06467/deal-reached-on-new-rules-to-better-protect-road-accident-victims
The original plan of the European Commission was to include e-bikes in the directive on motor vehicle liability insurance. Until now it was not compulsory for drivers of e-bikes who do not driver faster than 25 km/h to take out insurance.
The European Council and the European Parliament refrained from these plans. The reasoning of this decision could have been the Argumentation by the European cyclist Foundation. They feared, that if the use of e-bikes were regulated, cycling would become unattractive for many. Therefore, a clear line should be drawn between bicycles (which include e-bikes) and motor vehicles.
For more information: https://ecf.com/news-and-events/news/cycling-associations-claim-victory-e-bikes-will-be-excluded-compulsory
As a result, nothing changes for the riders of e-bikes with the decision. There is no compulsory liability insurance at EU level for e-bikes that drive a maximum of 25 km/h. Nevertheless, the member states are free to issue their own rules. In addition, e-bikes riders can voluntarily take out liability insurance.
For more information visit our homepage: https://www.eutrafficlaw.com/
#cycling #insurance #ebikes #padelec #scooter #cycling #bycylce #bikes #sport #Europe #Europeancouncil #Europeanparliament #Eurpeancommission #decision #information #mobility #traffic #vehicles #assurance #cyclist #motor #plans #liability #EU #memberstates #liabilityinsurance
Italy introduces a new truck control system
Since 28 June Italy is undergoing a test phase of a real-time truck monitoring platform on the A3 motorway between Naples and Salerno. The monitoring platform is designed to help check the permissible total weight of the vehicle.
In the press release, Movyon said that "the system combines detection and warning algorithms with hardware components such as state-of-the-art cameras and dynamic weighing technology, consisting of steel plates fixed in the asphalt and equipped with fibre-optic sensors, to calculate the weight of each vehicle as it drives".
If the controlled vehicle is overweight, the device transmits the real-time data to a central system. Drivers who do not adhere to the warnings on the display boards must expect a ban on overtaking as a consequence. In addition, the traffic police will be notified and will accompany the vehicle until it reaches the first exit.
The new truck control system indeed makes it much easier to check the permissible total weight. However, it remains to be seen whether this system will prove its worth and, if so, whether it will be extended to other sections of motorway.
Visit our homepage: https://www.eutrafficlaw.com/topics/what-s-new-in-europe/
The impact of the EU climate package for motorists
In order to achieve the goal of climate neutrality by 2050, the EU Commission is now increasing the pressure and demanding a switch to electric cars by 2035. The following section takes a closer look at the effects of the Green Deal on car transport.
The new CO2 rules: By 2030, emissions from new passenger cars and light commercial vehicles are to be reduced by an average of 55 per cent compared to today's levels. In 2035, all newly registered cars should then emit "zero emissions". In contrast to other member states, the EU Commission has not yet issued an explicit ban on putting any more internal combustion vehicles on the road after a certain date. The CO2 regulations only apply to new cars, older ones are grandfathered.
The charging and filling station network: The member states are obliged to expand the network of charging stations and hydrogen filling stations on the trunk roads. For example, an e-car must be able to refuel at least every 60 kilometres, a fuel cell vehicle every 150 kilometres.
Consequences for car drivers and fuel prices: The EU climate package will also lead to an increase in fuel prices. In Germany, for example, prices have already risen by around 8 cents per litre for diesel and 7 cents for petrol. The climate targets could make it even more expensive to run internal combustion cars.
All in all, the EU's increased climate targets will put an end to the use of internal combustion engines through the back door. The raised climate targets will effectively phase out the production of classic petrol and diesel cars in Europe in the medium term - and both are likely to disappear from the roads in the long term as well.
Read more: https://www.rheinpfalz.de/ratgeber/mobilitaet_artikel,-was-das-eu-klimapaket-f%C3%BCr-die-autofahrer-bedeutet-_arid,5227724.html
Our homepage: https://www.eutrafficlaw.com/topics/what-s-new-in-europe/
European Court of Auditors reprimands disregard for passenger rights in the pandemic
The European Court of Auditors has made it clear that issuing coupons in the event of flight cancellations massively violates consumers' rights.
During the pandemic, around 7,000 flights were cancelled between March 2020 and March 2021. Millions of travellers were affected and according to the auditors unlawfully forced to accept vouchers instead of refunds for cancelled flights. Although the airline industry received billions in state aid between March 2020 and April this year.
Partial guilt of the federal government?
The German Air Transport Association defends its action by saying that it was an "absolutely special situation". Compared to the previous year, the number of passengers plummeted by 99 per cent and the number of flights by 88 per cent. The companies suffered correspondingly great hardship. The association has also partly blamed the federal government for the legal breaches. The latter had considered vouchers permissible instead of refunds due to the pandemic.
According to the Court, 15 EU states, including the Netherlands, France and Belgium, had even helped in the process by adopting EU-unlawful rules by exempting airlines and tour operators from the obligation to compensate passengers for cancelled flights. In some cases, these vouchers were not even protected against the insolvency of the companies.
Against this background, the EU Commission reprimanded the airlines and presented a list of demands: In it, the airlines are urged not to advertise refunds in the form of a voucher as the only choice and to avoid delays in repayment. In addition, new rules are being considered with a view to future crises.
The Court's rebuke is to be welcomed. In view of the state aid, the air industry was quite capable of refunding the money. The consideration of new consumer-friendly regulations will help to protect passengers' rights more extensively.
Report of the Court of Auditors: https://www.eca.europa.eu/Lists/ECADocuments/SR21_15/SR_passenger-rights_covid_DE.pdf
Flying car successfully completes test flight
This week on Monday, a prototype of a flying car completed a test flight in Slovakia. The duration of the journey took 35 minutes from Nitra to Bratislava. The airline between these cities is around 75-kilometres.
The vehicle was designed by a Slovakian developer. It has place for two people and within two minutes and 15 seconds it can transform into an aircraft. The car uses the motor from a German car manufacturer which works with petrol. In contrast to air taxis, it needs a runaway for start and landing (read more about air taxis: https://www.eutrafficlaw.com/topics/what-s-new-in-europe/).
According to the manufacturer, the Aircar can reach 1.000 kilometres and can fly 2.500 metres height. In total it can spend forty hours in air. In addition, it can carry 200-kilogram weight. The development of this prototype of the flying car took two years and less then two million Euro investment where necessary. The market is huge, but there are still some questions about the technical details and the secure of the car open. The BBC already has reported about the test flight: https://www.bbc.com/news/technology-57651843
The idea of flying cars is not new. Since the 1930s, there where some prototypes of it. Today, flying cars can help to solve issues with infrastructure but a serial production of flying cars does not exist for now.
#flyingcar #airtaxi #airplane #airport #infrastructure #mobility #innovation #car #road #Slovakia #Nitra #Bratislava #Europe #airline #technology #developement #speed #flying #market #oldtimer #taxi #vehicle #car #airplane #startup #aircar #driving #traffic #airport
Source: pixabay, lordssee_design
Possible consequences of the ECJ's nitrogen dioxide ruling for Germany
The European Court of Justice has found that the annual limit value for nitrogen dioxide (NO2) were exceeded in 26 areas of Germany from 1 January 2010 to 2016 inclusive. The same applies to the permissible NO2 maximum hourly value for the conurbations Stuttgart and Rhine-Main. Against this background, Germany is in breach, inter alia, of the obligation under the second subparagraph of Article 23(1) of Directive 2008/50/EG, which obliges the Member States to ensure that air quality plans include appropriate measures to minimise the period of non-compliance with limit values. Thus, since 11 June 2010, Germany has failed to take appropriate measures to ensure compliance with the limit values for NO2 in all these areas.
The ruling obliges Germany to remedy the breach of contract. It is up to Germany to decide which measures are now to be taken. For instance, further or stricter driving bans are conceivable. In addition to that the government could encourage manufacturers to retrofit diesel vehicles with better emission control at their own expense or even worse threaten manufacturers with the decommissioning of millions of vehicles even if they have already been retrofitted with new software. These measures would affect more than ten million diesel vehicles of the VW Group. Diesel vehicles are most severely affected because the high pollution levels are linked to the emissions scandal. Ultimately the government could facilitate the establishment of 30 km/h speed zones in cities. It is clear, that if Germany does not take action, sanctions of ten million euros per day could be imposed by the EU.
All in all, the ECJ's ruling can be understood as a kind of wake-up call. The ruling shows - especially with regard to the goal of climate neutrality by 2050 - that Germany must now take efficient measures to reduce the pollutant nitrogen oxide and to become more climate friendly.
Subscribe to the IETLS MiniVOX monthly legal newsletter:
Picture: Pixabay/Ralf Vetterle (SD-Pictures)
Pan-European Master Plan for Cycling Promotion
This year the fifth conference of ministers for the European programme for traffic, health and environment took place in Vienna. The declaration of Vienna had the motto “building a better future – setting the course for new, clean, safe, healthy and integrative mobility”. The focus for the twenty-eight participating countries was to promote cycling paths in Europe.
The aim of the plan is to double the cycling traffic till 2030. Therefore, the states must build their own cycling strategies. This will happen through a better cycling infrastructure, but also other political parts, like the health and spatial planning, shall be involved by these mobility changes. The plan comprises measures for a better user-friendly cycling infrastructure and the promote of new technology and innovation.
More cycling traffic will have positive impacts to our society. At first, more cycling will have an impact to the environment. Eight million tons of CO2 could be saved to 2030. Further, the use of bike instead of cars will lead to better air and less noise in cities and make urban regions more liveable. In addition, cycling is a useful activity, so the planners hope to prevent deaths because of sedentary lifestyle.
Secondly, the Pan-European Master Plan for Cycling Promotion will have a positive economy impact. By doubling the cycling traffic, 400.000 new jobs could be created in the cycling industry. If they will achieve the aim, 3.5 billion Euro can be implemented in the cycling sector. Another factor is the impact to the health care and insurance systems. More activity will have a positive impact to health. Moreover, the number of accidents will fall. These factors will lead to less sick days and a discharge of the health care system. By reaching the aim till 2030, the national economy will have a use of 260 billion Euros.
You can find the whole plan at: https://thepep.unece.org/sites/default/files/2021-05/MASTERPLAN_2021-05-16_BF.pdf
Visit our homepage: https://www.eutrafficlaw.com/topics/what-s-new-in-europe/
Subscribe to the IETLS MiniVOX monthly legal newslatter: https://www.eutrafficlaw.com/service/mini-vox-newsletter/
Picture: Pixabay, MichaelGaida
#IETL #mobility #bike #Europe #cycling #accident #environment #insurance #economy #cyclingtraffic #biker #Vienna #Austria #PanEurope #investments #cyclepaths #urbanbike #urban #urbanmobility #law #bicycletowork #transport #greenmobility #cycletrack #cycleway #commuting #traffic #healthcare #CO2 #technology #actvcity #accident #nationaleconomy #declaration #bicycle
United Nations presents new Charter on the Rights of Road Traffic Victims
On the occasion of poor interpersonal behaviour in the context of claims settlement between the road traffic victim and the body which is responsible for compensating the road traffic victim the United Nations Economic Commission for Europe, the Institute for European Traffic Law (IETL) and the Council of Bureaux (CoB) recently dedicated an UNECE Charter (TD/SITC) to traffic victims. The Charter does not intend to legislate in whole or in part. It does not affect national or international sources of law in any way. Rather, the Charter is intended to be a code of conduct for all those involved in the compensation of road traffic victims.
The Charter contains a total of 10 principles. Some of these principles are:
Principle 2: The victim should not only be able to address a claim to the person violating the traffic rules or – if based on the operational risk of the use of a motor vehicle – to its keeper. If an entity (“the compensator”) was established by law to offer full or partial compensation for damage resulting from the use of a motor vehicle in road traffic, the victim should also be able to address the claim to such entity under the conditions of the applicable law.
Principle 5: The victim and/or their duly appointed representative(s) should be treated with fairness, dignity, respect and empathy, with due care for the situation in which the victim may be in after the road traffic accident, whilst respecting the rights of the compensator or tortfeasor.
The victim should receive a reasoned response regarding the acceptance or the partial or total rejection of the claim.
Principle 7: The victim should receive advance payments and/or interim payments on account of damages from the compensator if liability is determined but the compensation is not yet fully quantified. The advance payments should ideally cover the damage or injury that has already been suffered and that is not compensated by any other entity.
Principle 8: The victim’s rights should not be compromised by any obvious incorrect or insufficient compensation. If compensation is due to the victim, the compensation should be paid on time and in full accordance with the applicable law.
Principle 10: The victim should have due access to a court or any other neutral entity, in order to receive an independent assessment of his/her rights according to applicable legislation.
For decades, the United Nations has been striving to reduce the number of road accidents worldwide. Preventive road safety measures alone do not seem to reduce the number of road accidents worldwide. Against this background, the UNECE Secretariat, the IETL and the CoB hope that through the application of the ten Charter principles, the situation of the road accident victims concerned or, in the case of the death of the road accident victim, their families, will improve after the accident by mitigating, with fair and fully adequate compensation, the injustice suffered.
Charter available at: https://unece.org/sites/default/files/2021-01/ECE-TRANS-WP1-2021-1e.pdf
Subscribe to the IETLS MiniVOX monthly legal newsletter:
Our homepage: https://www.eutrafficlaw.com/topics/what-s-new-in-europe/
Europe’s hydrogen future
On 8th of July 2020 the European Commission has presented its plans for a European Clean Hydrogen Alliance. This merger should coordinate European investments in hydrogen energy projects and sets incentives for private investments in hydrogen energy. You can download the publications at the homepage of the European Commission: https://ec.europa.eu/info/strategy/priorities-2019-2024/european-green-deal/clean-energy_en.
In the meantime, the plans for European hydrogen project have accelerated. The German government plans to invest more than eight billion Euro in 62 hydrogen projects. The focus of the investments is the German industry, which has a huge need of energy and emits a lot of CO2, but also mobility projects are included. The change to hydrogen energy should help to reach the target to become climate neutral.
The German economics minister Altmaier said that Germany will become the number one in hydrogen technology. You can find the whole press statement at the homepage of the German ministry for economics and energy: https://www.bmwi.de/Redaktion/DE/Pressemitteilungen/2021/05/20210528-bmwi-und-bmvi-bringen-wasserstoff-grossprojekte-auf-den-weg.html
Besides the European Clean Hydrogen Alliance, a lot of cities, counties and companies invest in hydrogen projects. Hydrogen buses are already on the road in several cities. In addition, engineers from saxony have planned the first European hydrogen tram, which will be set in in Leipzig in four years. Also, manufacturer of vehicles expands their offer in connection with hydrogen power.
For more information about European mobility please visit our homepage: https://www.eutrafficlaw.com/
#hydrogen #future #mobility #vehicle #car #road #tram #train #bus #lorry #truck #ships #boat #power #instury #investment #futuremobility #climate #climatechange #climateprotection #green #deal #greendeal #EuropeanCommission #energy #hydrogenenergy #CO2 #Alliance #Cleanhydrogen #Clean #Cleanhydrogenalliance #economy #careconomy #buisness #Leipzig #Saxony #Germany #Europe #pressstatement #technology #hydrogentechnology
Source: Pixabay, akitada31
First global ranking on the development of e-mobility
In order to achieve the goal of making the mobility industry climate-neutral by 2050, more and more electric cars are being brought onto the market worldwide. IAA MOBILITY has now presented the first global ranking on the development of e-mobility.
According to the evaluation already 10 million e-cars are in operation worldwide. In absolute numbers, 4,2 million e-cars drive in China, 3,2 million in Europe (including the members of the European Free Trade Association EFTA and Great Britain) and 1,7 million in the U.S.
If e-cars are counted per 1,000 inhabitants, Europe is ahead of China. Statistically there are 6,1 electrified vehicles per thousand inhabitants in Europe. Within the EU it is conspicuous that Northern and Central Europe account for a relatively large number of e-vehicles per 1,000 inhabitants, whereas in Southern and Eastern Europe the number of e-vehicles is still low. The U.S. follows with 5,2 electrified vehicles per thousand inhabitants and China with 3,0. The world leader is Norway with 81,0 electrified vehicles per 1,000 inhabitants, followed by Iceland (36,8) and Sweden (20,6).
In terms of absolute numbers of new registrations in 2020, China also leads the way with 1,25 million vehicles (2019: 1,09 million). Germany ranks second worldwide with 394,943 new registrations (2019: 108,839) and thus forms the European lead market. With 302,929 registered e-cars, the U.S. ranks third in 2020 (2019: 321.702). Numbers also increased significantly in France with 185,785 (2019: 61,434) and in the UK with 177,022 (2019: 72,993) new registrations. If the new registrations of all European member states including EFTA and the UK are added together, the figure comes to 1,37 new registrations in 2020. Thereby, Europe is ahead of China in terms of new registrations for the first time.
All in all, there is a significant gain of electrified vehicles in the European markets in 2020, whereas growth has slowed down in China and the U.S. Nevertheless, the overall growing market for e-vehicles will make a decisive contribution with regard to achieving climate neutrality till 2050.
Read more: https://www.emobilserver.de/nachrichten/elektro-fahrzeuge/elektro-autos/2420-erstes-globales-e-mobility-ranking.html
Better train connection between European metropolises in future
European countries want to build a better train network. During the German council presidency 2020 the Trans-Europ-Express 2.0. was decided. This project includes a better train connection between the metropolises and investments in the rail infrastructure. Yet the plans are becoming more concrete.
First, four nightjet-lines should combine thirteen million metropolises. From December 2021 the two lines Vienna-Munich-Paris and Zurich-Cologne-Amsterdam come on stream. Then, in 2022, the nightline Zurich-Milan-Rome line will start. In 2023 the Berlin-Paris and Berlin-Brussels lines will be added and in 2024 Zurich-Barcelona line will be brought in line. For the long term, there are a lot further nightlines in planning.
In addition, a European express train network is at the political agenda. For example, Amsterdam-Rome, Paris-warsaw and Berlin and Barcelona should be combined by high-speed trains. The goal is to use existing train tracks and repose them for new European train routes. Each of these connections will take less than thirteen hours.
Also, in the middle of the 2030s an express train will combine Berlin-Prague-Vienna. A new train line is being built for this purpose, which included a tunnel in the ore mountains. The route Berlin-Vienna will last only five hours. The new route also includes a nightline connection.
There are also further plans for a better inner European train connection. Finland and Estonia have signed an agreement, which commit them to a better cooperation in the traffic area. This included a train tunnel between Helsinki and Tallinn. The cities are only 80 km apart and through the better infrastructure they should become a twin-city. That means, a generally better connection and especially a support freight transport between these cities. In addition, Helsinki will become final station of Rail Baltica.
A better train network might help, to protect the environment. People could take the train instead of the airplane. You can get more information about measures taken in Europe for a modern mobility at our homepage: https://www.eutrafficlaw.com/topics/what-s-new-in-europe/
Toll-free through Spain
The Spanish government is expanding its toll-free motorways. In addition to the already 476 kilometres of toll-free motorways, a further 640 kilometres will be added from September 2021.
The AP4 motorway from Seville to Cadiz, the AP7 from Tarragona to Alicante and the AP2 from Burgos to Eibar are already toll-free. Now the AP7 motorways between Zaragoza and the Mediterranean axis, the AP2 from Tarragona to La Jonquera and the northern AP7, from Montmeló to El Papiol, will follow.
Until now, there are both private and state motorways in Spain, whereby only the private ones are chargeable. As a motorcyclist, you pay the same price as a car driver. The amount of the toll depends on whether the means of transport is a ligero (motorbike without or with sidecar, car without or with trailer, camper van without twin tyres, etc.), a pesados 1 (motor vehicle up to 3 axles with twin tyres) or a pesados 2 (motor vehicle from 4 axles).
The reason for waiving the toll is that many concessions from various motorway companies expire at the end of August 2021. Until now, mostly private companies were granted motorway commercialisation. In return, they were responsible for road maintenance. The Spanish government has now confirmed that it will no longer renew the contracts with the companies and will take over the maintenance costs itself. However, the costs are paid with the help of the taxpayers' levies. It remains open, whether there might be a mini-toll, as in Portugal.
The waiving of tolls benefits holidaymakers at best. Getting the roads out of the private sector makes sense. The takeover of maintenance by the state will ensure more uniformity in this sector.
Read more: https://www.motorradonline.de/ratgeber/autobahnen-spanien-mautfrei/
Short-haul flights will be banned in France in the future
The change in the law prohibits flights if rail alternatives could cover the trip in 2,5 hoers or less. It only applies to a few domestic routes. The flight connections most affected are on the one hand Paris and Nantes and Lyon and Bordeaux on the other. This ban is part of a comprehensive legislative package on climate protection. The French national assembly has already passed the law and in June the senate still must give its approval.
The criticism is that only domestic flights are affected. For example, short-haul flights from France to neighbouring countries are not affected by the ban. Connecting flights are also not covered by the amendment to the law. Nevertheless, with the short-haul ban, France is making an important contribution to climate protection.
However, scepticism about the need for short-haul flight with regard to climate protection is nothing new in Europe. Already in the 2019 European election campaign, proposals were made to ban flights of less than 1,5000 kilometres. Even back then, there was agreement that taking the train must be more attractive than flying over the short distance.
Since then, the restriction of short-haul flights has been an issue in European large-area countries on the political agenda. For effective environmental protection, a uniform European specification would make sense here.
Passengers can claim compensation in their national currency if a flight is cancelled or delayed
The ECJ (judgment of 3 Sep. 2020, Delfly, Case C-356/19) has ruled, in the context of the interpretation of Art. 7(1) of the Air Passenger Rights Regulation (No. 261/2004), that compensation claims may be demanded in the national currency applicable at the claimant's place of residence.
In the present case, the applicant, Ms X, booked a flight from the city of A in a third country to the city of B in Poland with the air carrier S.P., settled in Warsaw (Poland). On the day of departure, the flight was delayed by three hours. The plaintiff assigned her claim for compensation under Article 7 I(b) of the ECMR to D, a company with its registered office in Warsaw. D then brought an action before the referring court seeking an order that S. P. pay PLN 1 698.64, which, at the time of the application for compensation, was equivalent to EUR 400. The defendant requested to reject the application for compensation because contrary to the provisions of national law it had been calculated in the wrong currency, namely in Polish zlotys (PLN) and not in euros.
In support of this, the ECJ states on the one hand, that the Air Passenger Rights Regulation is intended to ensure a high level of protection for passengers, so that Article 7 of the Regulation must be interpreted broadly. Otherwise, a compensation exclusively in euros would run counter to this objective.
Additionally, it is incompatible with the principle of equal treatment of injured passengers if payment of the compensation claim were refused solely because the plaintiff requested it in the national currency applicable at his place of residence. Finally, the Passenger Rights Regulation applies to all passengers without distinguishing between them based on nationality or place of residence. This is supported by Article 3(I)(a) and (b) of the regulation, which considers only the place where the airport, from which the passengers departed, is located to be decisive for the applicability of the regulation.
The ECJ's ruling is to be welcomed. Any other outcome would run counter to the main objective of a high level of passenger protection pursued by the regulation. Moreover, it is common knowledge that not all EU states have introduced the euro. It is not comprehensible why the compensation claim should then be settled exclusively in euros.
Read more: https://curia.europa.eu/juris/document/document.jsf?text=&docid=230610&pageIndex=0&doclang=de&mode=req&dir=&occ=first&part=1&cid=18330547
Picture: Pixabay / Skitterphoto
By 2025, electronic air taxis should start at German airports.
The airports of Munich and Nuremberg, but also other airports could serve as junction. The plan is to build a better connection between the locations. The price level should be comparable to conventional means of transport.
The planner is the German start-up lilium. The jets should have space for seven passengers. They should start vertical and then fly horizontally up to 250 kilometres. The maximum speed level should be 280 kilometres per hour. The serial production of the jets should start in 2025. In the long term, the jets should be able to fly autonomously without a pilot.
Lilium is not the only company which has its focus on air-taxis. Also, the German manufacturer Volocopter or the University RWTH Aachen have already completed flight tests successfully. In addition, hydrogen air taxis are also planned, for example the Skai, developed by Alaka’i Technologies and BMW.
The new vehicles play an important plan in urban city planning. We have already reported about the plans of Paris to use air taxis at the Olympic games in 2024 and beyond that, set up an air transport network by 2030.
These developments could establish a new way of mobility in Europe. Further the ambitions of autonomous flying require a secure European digital infrastructure.
Higher fines for over speeding in Austria
To reduce the comparatively high number of traffic fatalities, the Austrian Minister of transport Gewessler has presented the new catalogue of fines for over speeding. Not only higher fees be considered, also the withdrawal of the driver’s license or the car. The new regulations should apply from this summer.
For most offenses, there are only entry fines, the decision on the amount of the fines is made by the authorities on a case-by-case basis. Specifically, this means that the maximum fine will increase from 2.180€ to 5.000€. In addition, the observation period for repeated violations of the speed limits doubles to four years.
The new rules for the withdrawal of the driver’s license will also become stricter. So far, the authorization for drivers has been withdrawn if the speed was exceeded 40 km/h in town and 50 km/h out of town. The limit values are to be lowered by 10 km/h: 30 km/h in town and 40 km/h out of town. Furthermore, the duration of withdrawal will be doubled from two to four weeks.
In addition to fines, the penalty for participating in illegal street races is also to be increased. The participating becomes a particularly dangerous crime. There is a risk of the driver’s license being withdrawn for at least six months and compulsory retraining and, in the event of repetition, a traffic psychological examination. There is also a threat of the car being confiscated. This is also possible in extreme cases when the driver was 80 km/h in town or 90 km/h out of town to fast.
The general speed limit in Austria for cars is 50km/h in town, 100 km/h out of town and 130 km/h on highways.
The EU driving licence and its validity
Since the foundation of the European Union (EU), the member states have been striving to achieve a convergence of their directives and laws. This also applies in the area of road traffic law. In the course of harmonisation the EU driving licence was created.
The legal basis is the third driving licence directive of the European Union. The directive intends to reduce the high number of different driving licence documents within the EU and helps the authorities to check the licence of foreign drivers without much effort.
In principal EU member states are obliged to recognise driving licences issued in other European countries. However, this principle does not apply to all EU licences. The authorities can also check retrospectively whether the licence is valid at all. It is e.g. invalid if the holder of the licence had not registered his main residence in the relevant country at the time of acquisition.
Furthermore the ECJ has declared a licence invalid if it was lawfully acquired in another EU country but was issued at a time when no driving licence should have been displayed domestically because of a final conviction. This was also recently the decision of the Administrative Court of Trier in Germany in a case in which a German citizen had his licence revoked for intentional drunk driving. Beyond that the Administrative authority declared not to issue a driving licence before the expiry of one year. Thereupon the plaintiff took his driving test in Luxembourg and started to drive on German roads again. The court ruled contrary to the view of the ECJ that the licence also does not become effective through the expiry of the suspension.
Despite harmonisation under EU law the validity of EU driving licences is limited by specific exceptions. Traffic offenders must take care not to drive during the ban period, otherwise they will be liable to prosecution.
Read more: https://www.bussgeldkatalog.org/eu-fuehrerschein/; https://vgtr.justiz.rlp.de/fileadmin/justiz/Gerichte/Fachgerichte/Verwaltungsgerichte/Trier/Dokumente/Entscheidungen/1_L_31_21_TR_Beschluss.pdf; https://lexetius.com/2008,1498
Challenges in the uptake of artificial intelligence in autonomous driving
Autonomous driving technologies will gain importance by new generations of cars in the next years. Although the new technologies correct previous human driving errors digitally, new safety risks arise with autonomous driving. In this context, the European Union Agency for Cybersecurity (ENISA) has published a report which deals with cybersecurity risks in connection to artificial intelligence in autonomous vehicles and provides recommendations for mitigating.
First there are challenges to the system that do not exist through human intervention. For example, the weather can make it difficult for the systems to capture the signs. In addition, malfunctions of the systems are possible. Further unintentional malfunctions, deliberate interventions can also endanger safety. Here it is possible, that the road surface is painted or stop signs are pasted, which can lead to an incorrect assessment of the road traffic situation.
It is therefore important, especially in the European context, to master these challenges. As EU Agency for Cybersecurity Executive Director Juhan Lepassaar said “when an insecure autonomous vehicle crosses the border of an EU Member State, so do its vulnerabilities. Security should not come as an afterthought, but should instead be a prerequisite for the trustworthy and reliable deployment of vehicles on Europe’s roads”.
To guarantee the highest possible level of security, the report makes recommendations for the implementation of autonomous driving. One is to carry out security controls over the entire life cycle. This should help to ensure, that the construction behaves correctly in unexpected situations. Another recommendation is to carry out continuous risk assessment processes supported by threat intelligence. This could enable the identification of potential artificial intelligence risks and emerging threats related to the uptake of artificial intelligence in autonomous driving.
In the end, it is not possible to be devoted to all dangers by autonomic driving, but also human behaviour is prone to error. The aim should be to ensure the highest possible level of security, also by crossing European borders.
You can read more and find the report at: https://ec.europa.eu/jrc/en/news/cybersecurity-challenges-uptake-artificial-intelligence-autonomous-driving
Exemptions under road transport law due to Covid-19
Based on the dynamically developing pandemic situation the Federal Office for Goods Transport in Germany has once again updated the relevant exemptions for the transport and haulage industry (current status: 8 March 2021). This includes, among other things, the law on driving personnel, road haulage, professional driver qualifications and hazardous goods. Some of these exemptions are also included in the new adopted Regulation (EU) 2021/267, which was published on 22 February 2021.
1. Driving personnel law
According to Article 23(1) of Regulation (EU) No 165/2014, tachographs normally shall be subject to periodic inspection every two years. The Federal Office for Good Transport has extended the deadline to the effect that the inspection which should have been carried out between 1 September 2020 and 30 June 2021 may now be realised no later than ten months after the date on which it would have been required.
2. Road haulage law
Another exception was regulated in the road haulage law. By way of derogation from Article 4(2) of Regulation (EC) No. 1072/2009 and Article 5 para. 7 of Regulation (EC) No. 1072/2009, the period of validity of Community licences and driver attestations which would otherwise have expired or would expire between 1 September 2020 and 30 June 2021 has been extended by ten months.
3. Professional driver qualification law
The deadlines for the completion of further training pursuant to Article 8(2) and (3)
of Directive 2003/59/EC are also extended by ten additional months if they would have expired or would expire between 1 September 2020 and 30 June 2021. Advanced education that are subject to the time limits in Art. 2 of Regulation (EU) 2020/698 shall be extended only by six months or until 1 July 2021, whichever is the later. However, the certificate of competency remains valid. The same applies to the registration of the code number 95 and the driver qualification card referred to in Article 10(1) of 1 and annex II of Directive 2003/59/EC.
4. Road traffic law
In order to ensure the delivery of goods, the exemption from the Sunday and public holiday driving ban is also extended by one month or until 30 June 2021. This applies in particular to the supply of corona vaccination centres with COVID-19 vaccines, cooling systems for the (intermediate) storage of corona vaccines and the vaccination equipment and necessary medical instruments. Excluded from this regulation are large and heavy goods transports.
5. Hazardous goods law
If training measures for dangerous goods drivers and dangerous goods safety advisers get cancelled training certificates cannot be renewed or extended. In this context, some EU member states have signed multilateral agreements (M333 and M334) by which the continued use of training certificates whose validity expires between 1 March 2020 and 1 September 2021 will be possible for a transitional period.
Ultimately, the newly issued regulations and agreements show how strongly the pandemic is affecting the road freight transport sector. A temporary halt to road freight transport to contain the coronavirus would be inappropriate. Instead, new regulations are necessary to maintain the availability of goods for the population and economy.
Report on the application of the Package Travel Directive (PTD)
On 26 February 2021 the European Commission has published a survey (COM 90 final) of the current status about the application of Directive (EU) 2015/2302 of the European Parliament and of the Council on package travel and linked travel arrangements. Already in June 2019 the Commission has published the click-through bookings report (COM270 final). In comparison, the new publication deals with the general application of the directive.
The aim here is to increase consumer awareness of their rights as a customer of a package tour. Although a majority of 81% trust the providers, many consumers are not aware of their rights. To clarify the importance of the branch, the report shows the main market data. In the next step issues by the transposition in the member states are explained.
Further the report treated with challenges of the application and enforcement. Then the insolvency protection is shown and its functionality in connection with Thomas Cook is explained. In the last step, the Commission draws a connection to the current COVID-19 pandemic and makes clear, that the situation constitutes “unavoidable and extraordinary circumstances”.
Below this report the commission wants to consider the current developments in connection with COVID-19 to check whether consumer protection is adequately safeguarded, and the risks are fairly distributed along the value chain. The next analysis is planned for 2022.
Link to the report: https://ec.europa.eu/info/law/law-topic/consumers/travel-and-timeshare-law/package-travel-directive_de
Paris will test its first flying taxis in June
At the Pontoise-Cormeilles-en-Vexin airfield a series of experiments with the VoloCity air taxi will be conducted to operate air taxis and drones in the French capital. Paris will offer two air connections in time for the Olympic Games in 2024. A fully functional air transport network will be established by 2030.
The VoloCity air taxi is an electric vertical take-off and landing vehicle, which was manufactured in Germany. Some of them run on hydrogen. It has a range of 35 kilometres and a top speed of 110 kilometres per hour. By using an air taxi a basically 40-minute journey by regular taxi or public transport will be shortened to 15 minutes. So far, it can carry one passenger in addition to the pilot. A trip by an air taxi will cost around 300 euros. To be more profitable, the number of seats will be increased from the current two to six. Once regulations and air traffic control systems have adapted to larger autonomous vehicles, the pilot's seat will also be released. Against this background, the air taxi not only saves time, it is also more environmentally friendly than normal taxis.
Out of 150 applications, 31 companies from all over the world which are specialized in vehicle development, transport infrastructure and air operations will become part of the new ecosystem. Some of the participants are Volocopter (German), Airbus, Ehang (Chinese) and Pipistrel (Slovenian).
Ultimately, air taxis contribute to a new form of mobility in Europe. Due to this new innovation the mobility sector might boom in the next few years. Only the price could be an obstacle. If it remains this high, passengers probably stick to regular taxis or other given transport options.
Increased additional fee in Hungary violates German ordre public
The decision from 4.2.2021 by the regional court in Munich (31 S 10 317/20) was rendered in a dispute over additional fees for unpaid road tolls. The Hungarian regulations provide, that users of the highways must buy a vignette. If they have not done it, they must pay a top-up fee which is five times higher than the basic price. When there is no payment within 60 days, an increased additional fee is owed. This one is again four times higher than the top-up fee. The appeal court only has to check the last fee for its legitimacy.
It was initially unproblematic that the defendant only rented the car and did not drive it itself. The court in Nürnberg-Fürth has already ruled at 30.7.2019, that owner liability does not violate the ordre public (16 S 9176/18). A violation of domestic basic principles fails because German civil law also includes owner liability.
In the second point, that the court had to determine was according to which regulation the applicable law is to be assessed. It firmly decided that contrary to the plaintiff’s opinion, there was no contractual relationship between claimant and the vehicle rental company. The driver did not act on behalf of the defendant and the fact that the rental car company has not done anything to prevent a further journey after the first payment requests have been received does not establish a contractual relationship. As a result, the Rom II regulation is applicable.
Within this the question arose whether there is a violation of Art. 26. This is the case with claims for damages if they go much further than necessary to adequately compensate the injured person or obviously serve purposes other than adequate compensation for the injured person. The German court arguments that there is a violation of Art. 26 Rom II regulation. By that the increased additional fee is four times higher than the top-up fee, which itself is just as five times higher than the basic charge, no connection to the actual damage can be identified. According to this line of reasoning, the additional fee is not enforceable at a German court.
The judgment is not yet final and can still be reviewed by the German high court.
2021: Renaissance of the railway in Europe?
After environmental associations and the EU Commissioner for Transport, Adina Vălean, called for the strengthening of European rail transport, the European Commission subsequently designated 2021 as the European Year of Rail. This year aims to modernise the rail transport in Europe and support the European Green Deal in the field of mobility.
Due to the lack of focus on rail transport this sector has lost importance over the past decades. As a consequence there still does not exist an unified European railway system. Hence many environmental organisations are calling on the EU and national governments to improve European rail services through new direct connections with day and night trains, more attractive and convenient international rail bookings and investment in cross-border infrastructure.
Moreover, the modernisation could help to achieve the EU's target of becoming climate neutral by 2050. Around 25 per cent of greenhouse gas emissions in the European Union are caused by transport. Therefore events, campaigns and initiatives will be used to raise public awareness that the rail sector is sustainable, innovative and safe. Since 1990 rail is the only mode of transport that has been able to reduce its CO2 emissions almost continuously, while at the same time transport volumes have increased.
Ultimately, a better European rail system could connect people and economies in Europe, reduce transport emissions by providing alternatives to road and air transport, and give a green boost to the European economy after Covid-19. Against this background, it is obvious that rail transport will play an important role in the European mobility system of the future. This already shows the recent merger of Alstom and Bombardier which creates the world's second-largest railway manufacturer behind the Chinese group CRRC, which bought 2019/2020 locomotive manufacturing in Germany from Vossloh AG in order to enter the German market.
Read more: https://www.germanwatch.org/sites/germanwatch.org/files/Hop%20on%20the%20Train.%20A%20Rail%20Renaissance%20for%20Europe_0.pdf
Travel restrictions in the pandemic
Travel restrictions in the pandemic
The changes caused by the corona pandemic affect many areas of life. Difficulties arise here especially by traveling. To offer as much freedom of movement as possible, the EU-States have agreed on a uniform procedure.
Therefore, the risk within the regions is determined by common criteria. The areas are divided into the colours green, orange, red, dark red and grey. On this basis the member states can take appropriate measures. These differs in individual case, so it is worth checking the legal situation before entering the country. You can find information on entering the EU countries from the following overview:
There is no common European corona tracking app.
On https://ec.europa.eu/info/live-work-travel-eu/coronavirus-response/travel-during-coronavirus-pandemic-0/mobile-contact-tracing-apps-eu-member-states_en is a list with the national corona tracking apps.
For travellers from third countries there are also travel restrictions. The commission recommends lifting of restrictions for Australia, New Zeeland, Rwanda, Singapore, South Korea, Thailand and China (in case of mutuality). Further residents of Andorra, Monaco, San Marino and Vatican has to be handled like EU-citizens.
During the corona pandemic the mobility in Europe and the world is highly limited. Therefore it makes sense to find out about the travel conditions on the official homepages before travelling.
France discontinues interlane traffic experiment
In France, the test phase for motorbike lapping in 11 French departments ended on January 31, 2021 and will not be extended again. The reason for this is an excessively high accident rate. Since February 1st the motorcycle lane is banned throughout France.
It was a long-lasting experiment. About five years motorcyclists with a two-wheeled motorbike (L3e) or a three-wheeled scooter (L5e) were – contrary to the road traffic regulations - allowed to drive between queues on motorways or two-lane roads, if they keep sufficient distance, do not exceed 50 km/h and also do not overtake other drivers. The aims of this experiment were to create a legal framework for a practice that is widespread in urban areas and consequently reduce accidents involving powered two-wheelers. Therefore, the French government initially tolerated interline traffic in the eight departments of Île-de-France, Bouches-du-Rhône, Gironde and Rhône.
Based on the CEREMA (Centre for Studies and Expertise on Risks, Environment, Mobility and Planning) evaluation report, there is no longer any entitlement to practice motorbike lapping in the test departments. Even though the experiment had positive effects on behaviour, compliance with the rules remained in the minority. Indeed, the report reveals that the accident rate of powered two-wheelers has increased by 12% on the roads where intermediate traffic has been experimented, while it has decreased by 10% on the other roads of the concerned departments. This increase has stabilised over the years. Moreover, the deaths that occurred within the framework of the project were mostly due to the disregard of the rules of the experiment.
Even if the road safety delegation acknowledges that the data is difficult to analyse because the circumstances of accidents are not always known precisely, the conclusions of the CEREMA report do not allow the integration of inter-lane traffic into the road traffic regulations. A violation of the prohibition can be sanctioned with a fine of 135 euro and a withdrawal of three points on the driving licence.
Nevertheless, the road safety delegation does not completely omit from this practice. Rather, it is considering a new experiment with new elements that could be included to continue this practice in complete safety.
Ultimately, the ban is a drastic measure with regard to the customs of motorcyclists. It remains to be seen, if this prohibition will reduce the accident rate again. Due to the widespread practice, it seems doubtful that those who are affected will refrain from it. Instead, they might be tempted to drive illegally through the lanes.
Read more: https://www.securite-routiere.gouv.fr/actualites/circulation-inter-files-bilan-de-lexperimentation
The Netherlands issues new catalogue of fines 2021
Motorists should drive adapted in the Netherlands. The reason for this is i.a. the new catalogue of fines 2021, which provides higher fines for traffic offenders.
The new catalogue confirms that the overall penalty rates in the Netherlands are significantly higher than in other European Member States. Thus, it specifies that for parking and stopping offences, a fine of 100 euros (previously 95) must be paid if the offence is punished by the police. For penalties imposed by the municipality a fine of 60 euros (previously 50) will be ordered. Red light violations will be reproved with 250 euro (before 240). The same applies to driving over solid lanes and phone calls at the wheel without a hands-free device.
Increases were also made for speeding offences. Traffic offenders will be fined upwards of 30 euros, if they exceed the speed limit of 5 km/h in towns, out of towns and on motorways. Transgressing the speed limit by more than 30 km/h they will even be reported to the police.
Moreover, the authorities will impose sanctions for late payment. If the fine is not paid despite being due, the amount will increase by half due to the first delay and by double due to the second one.
Even if the catalogue of fines has not changed seriously, the accruing amounts might deter road users from committing offences and encourage them to behave in accordance with the regulations. Citizens of other European Member States should be aware of the fact, that the penalty can also be enforced in their home state.
Obligation in France to inform about the blind spot
Since January 1st this year, vehicles with a total weight from 3.5 tons have to be fitted a sign which informs about the blind spot. A violation will result in a fourth class fine of minimum 135€, in the worst case even 750€.
Just as domestic cars, drivers of vehicles registered abroad who only use French roads for their transit must comply with the labelling requirement. Only agricultural and forestry vehicles as well as winter service vehicles and service vehicles on motorways and expressways are exempt from the obligation. That means despite efforts by the French motorhome associations, larger motorhomes must also confirm with this regulation.
It is expected that the sticker is fixed in a high between 0.9 and 1.5 meters. In addition, they must be placed in such a way that the visibility of the truck license plate, the lighting and the signalling devices and the driver’s field of vision are not impaired. There is the possibility to buy a legally complaint sign at the French Association of International Road Transport (AFTRI).
The regulation does not provide for an exception for vehicles which have already a mark. Only in a transition period of 12 months there will be no punishment for the drivers of vehicles with a comparable labelling.
This new requirement is intended to improve the mobility for other traffic members. Especially the danger from veering truck for pedestrians and cyclists should be lowered. Through the sign other traffic members should be more sensitized for this danger, so that they will stay in the save zone.
In Germany is also a new regulation to promote a higher traffic security. The bonus for scrapped trucks is tied to the installation of a turning assistant. The turning assistant recognize a danger and informs the driver or automatically brakes the truck. Currently there is no mandatory introduction of the turning assistant.
Regulation Art. R313-32-1 Code de la Route,
Article R313-32-1 - Code de la route - Légifrance (legifrance.gouv.fr)
Automated driving is one of the most exciting and at the same time most challenging trends in road traffic.
In our IETL online seminar October 8th speaker Rebecca Huang, UNECE, Geneva is going to inform her audience about potential changes in the 1968 Convention on Road Safety that are triggered by this trend and about a new Charta for Road Traffic Victims in collaboration with UNECE, COB and the IETL.
You are interested in this topic? Here is your chance to join: Become part of the IETL network and enrol for free!
How does the Brexit effect European traffic law?
How does the Brexit effect European traffic law? And what does a no-deal-Brexit lead to? Will we still be able to use a European driving licence in GB after Brexit?
Our speakers @Simon Ball and @Lucy Wyles (Barrister at 2 Temple Gardens Chamber London) will give you an overview of the possible scenarios at our IETL online seminar on October 8th.
If you don't want to miss it, join now as an IETL member and take part in #ietlb20 for free!
You are interested in this topic? Here is your chance to join: Become part of the IETL network and enrol for free!
Free movement in the European Union is one of the most important fundamental rights in Europe.
However, what seems normal and uncomplicated for most citizens, requires a highly complex construct of international regulations and agreements.
This is the field in which @Sandra Schwarz, President of the CoB, specializes. She is one of our speakers at our IETL online seminar on October 8th.
At #ietlb20 she will provide her audience with all the information on the cross-border claims settlement CoB and summarise the new statutes of the green card system.
You are interested in this topic? Here is your chance to join: Become part of the IETL network and enrol for free!
Our first ever online seminar on October 8th is getting closer.
At #ietlb20 we will deal with the topic of traffic law at the highest scientific level.
You can participate!
Find out what Europe’s leading traffic law experts, lawyers, insurance professionals, and claims adjusters think about the current situation, new regulations, and future trends in European #traffic #law.
Just press " Read More", register as an IETL-member and take part in #ietlb20 for free! 👇
The role of the ECJ in European traffic law
The ECJ plays a fundamental role in European traffic law.
That is why it is particularly important to us to provide you with detailed information on the current status of the ECJ rulings on European traffic law at #ietlb20.
Our speaker @Oskar Riedmeyer, lawyer from Munich, will deliver news that will only be decided a few weeks in advance!
If you would like to take part in our very first online seminar on October 8th, simply press the button 👇
Will UK join the Lugano Convention?
Since 1 February 2020, the UK is no longer a member of the EU. The UK government has declared its intention to accede to the Lugano Convention, but some issues raised by the European Commission need to be resolved until the #Brexit transition period will end on 31 December 2020.
Compensation if boarding is denied
ECJ Judgment of 30 April 2020: A passenger can request compensation if the airline denies boarding due to supposedly inadequate travel documents. Based on Regulation (EC) no. 261/2004, it must be clarified whether there are reasonable grounds for such refusal.
Accident abroad with compatriot: what law?
Decision of Saarbrücken Higher Regional Court (Germany) of 06.02.2020: Based on Rome II Regulation, the law of the common place of residence is applied, but the fault contributions to be included in the liability evaluation are assessed according to the traffic law at the place of accident.
Improvement of road safety in Danube area
The RADAR project (Risk Assessment on Danube Area Roads) seeks to improve road traffic safety infrastructure in the region.
Financed by the European
Union, RADAR conducts training for engineers who work in the domain of road infrastructure, as well as for decision-makers in ten Danube countries.
Accident abroad with compatriot: which law is applicable?
Decision of Saarbrücken Higher Regional Court (Germany) of 06.02.2020
The defendent drove in the right lane during stagnant traffic. The plaintiff wanted to drive onto the highway coming from the entrance lane. There was a collision when the plaintiff drove in front of the defendant's truck.
If the road users involved in a foreign accident - here in Luxemburg - have their permanent place of residence in Germany, liability for the traffic accident is based on German law (art. 4 para. 2 ROME II Regulation; the alternative clause of art. 4 para. 3 ROME II Regulation does not apply).
On the other hand, the fault contributions to be included in the liability evaluation are assessed according to the road traffic law applicable at the scene of the accident, in the present case the law of Luxemburg (Art. 17 ROME II Regulation).
Wether an evidence needs to be considered to the disadvantage of one participant must be decided according to the applicable substantive law. This means that only the evidence connected with the traffic rules valid at the place of accident in Luxemburg can be applied.
If foreign substantive law is not determined by the first judicial instance, this constitutes a serious procedural error and therefore a reason to refer the decision back to the first court.
XXIst European Traffic Law Days postponed to 7 and 8 October 2021
Due to the circumstances (CORONAVIRUS), the Law Days foreseen on October 2020 are postponed and will take place in Berlin one year later, at Hotel STEIGENBERGER, on October 7th and 8th 2021.
Instead of the Law Days 2020, IETL is preparing a half day video seminary that will take place on the 8th and 9th October. The program will be communicated soon.
Our General Assembly foreseen on October 7th will also be held via videoconference. Information and Agenda will be given to all members early enough.
Even if the circumstances are bad, IETL wants to keep contact with its members and all parties interested in European traffic law.
Alain Kunz, Executive Director IETL
What's new in European Traffic Law in April?
The Green Card turns white
After many years of work, the Council of Bureaux approved a decision allowing that the Green Card vehicle guarantee document can be generated in pdf format, so that it can be sent by email and printed in black and white and single-sided, in A4 size.
Beware of overhasty corona settlements
While some insurers are currently beginning to investigate the amount of damage and to recognize general insurance cover, others are explaining the many reasons why there is no insurance cover, but a "goodwill offer" is being made due to "social responsibility".
Who is afraid of the “DataJust” decree?
Towards industrialised infra-justice for mass litigation in France?
A decree of the French ministry of justice of 27 March 2020 laying the bases of predictive justice in matters of personal injury arouses suspicion and concern among lawyers.
Partial liability for a car stationary in an emergency lane
Decision of the Italian High Court: collision between an articulated lorry and a car stopped in the emergency lane.
70% responsibility to the lorry driver and 30% to the car driver.
What's new in European Traffic Law in March 2020?
Vehicle liability for oil stains
The Court of Justice of the European Union considers a traffic accident to be the fall of a person when slipping with an oil stain caused by the loss of a car that was parked in a private garage.
The Court considers that the concept of "vehicle movement" is included in a situation in which a vehicle that has performed maneuvers or that has been parked in a private garage, according to its function as a means of transport, leads to an accident that occurred in that garage.
Cyclist injury when opening car door
Decision of the Italian High Court: car driver opens the door and injures passerby: responds to culpable injury.
Car door had opened just the moment the cyclist passed. Due weight must be given to the reconstruction of the incident contained in the friendly settlement form, duly signed by both parties, within which the statement was reported "door that opened”, accompanied by a drawing showing the car with the door open and the direction of travel of the bicycle.
Maximum speed 100 km/h on highways
NETHERLANDS: reduction of maximum speed to 100 km/h on highways:
Since 16 March 2020, the maximum speed on the highways in the Netherlands will be reduced from 130 to 100 km/h.
The reduction of the speed limit is part of a package of measures by the Dutch government for more climate protection, in particular to reduce nitrogen oxide emissions and cut CO² emissions. The fines in the Netherlands for speed offences are relatively high.
COVID-19 emergency extensions
The Italian Insurance Supervisory Institute IVASS has granted extension of the periods for managing complaints and enquiries.
In particular, insurance companies are allowed to reply to the complaints within 75 days instead of the envisaged 45 days and to respond to requests for information from customers within 35 days instead of the envisaged 20 days. The extension of these periods is temporary and takes account of the operational difficulties resulting from the COVID-19 emergency.
What's new in European Traffic Law in February 2020?
REFIT Motor Insurance Directive: Trialogue started
The trialogue between the European Commission, the European Parliament and the Council of the European Union on the revision of the Motor Insurance Directive started in early February 2020. The Council published a four-column table comparing the institutions' position.
Wide interpretation of the concept of accident in French law
Getting injured when helping and lifting a motorbike after an accident is according to the French High Court indeed a road traffic accident under Loi Badinter and the victim is entitled to compensation.
Cour de cassation, 2nd Civil Chamber, 24.10.2019 (no. 18-20.910)
Applicable law for prescription under Rome II
According to a decision of the High Court of Justice of England and Wales of January 29 2020, based on EU Rome II Regulation, for an accident in Greece Greek law has to be applied what concerns all procedural questions about limitation. Therefore the demands of the British claimant were rejected since the claim was issued but not served early enough before limitation was reached according to Greek law.
Insurance recourse claims between tractors and trailers
For the compensation claim between German insurers of tractors and trailers in the event of an accident abroad (here: Switzerland), it has to be focused on the offense statute of Art. 4 Para. 1 Rome II Regulation or Art. 3 Hague Convention on Road Traffic, because it is appropriate to always apply the same right to one and the same event.
OLG Celle 14th Civil Senate, judgment of 05.02.2020, 14 U 163/19
Conference report about the XXth European Traffic Law Days
October 3/4 2019 in Athens
Our board member Christian Reinicke, General Counsel of ADAC, the German Automobile Club, wrote a conference report highlighting the most important subjects presented during the conference (in German).
What's new in European traffic law in January 2020?
The Introduction of the new British insurance claims system for cheaper settlement of whiplash injuries probably will be delayed because of the campaign of the Association of Personal Injury Lawyers (APIL)
arguing that the reform needs better advice for lay people when using the complex IT portal developed by the insurance industry.
According to WHO, more than 13 million victims died worldwide in road accidents between 2010 and 2019 and 500 millions were injured. The goal to reduce these epidemic figures until 2030 by 50% will be defined during the 3rd UN high level Conference on road safety from February 19 to 20 2020 in Stockholm and a declaration will be issued defining how these goals can be achieved.
The Lithuanian 🇱🇹 Ministry of Transport has launched an alcohol interlock program as a pathway to a shorter driving ban for high-level drink-driving offenders.
The recent decision of the Italian Supreme Court n. 29352/19 (dated 20.09.2019) confirms that the Italian claims representatives provided by art. 21 of the Motor Insurance Directive can be sued in Italy (as affirmed with previous decision of the same Supreme Court n. 20124/15 dated 18.05.2015).
Decision of the Italian Supreme Court n. 29352/2019 – The capacity of the Italian claims representatives to be sued in Italy
The recent decision of the Italian Supreme Court n. 29352/19 (dated 20.09.2019) confirms the capacity of the Italian claims representatives provided by art. 21 of MID to be sued in Italy (as affirmed with previous decision of the same Supreme Court n. 20124/15 dated 18.05.2015).
1) with the decision n. 20124/15 released by the Italian Supreme Court the judge stated as follows: “The claims representative for the payment of the compensation referred to under art. 152 of the Italian Insurance Code is a mandatee with representation ex lege of the responsible party's insurer. Consequently, he can act and be summoned before a court in the name of and on behalf of the mandating party, in respect of the rules of jurisdiction and competence, to obtain a decision by which the mandating party is bound.";
2) later, the European Court of Justice, in its judgement dated 15.12.2016 (C-558/15), ruled that “Article 4 of EU Directive 2000/26/EC(...) must be interpreted as not requiring Member States to provide that the claims representative appointed pursuant to that article may itself be sued, instead of the insurance undertaking which it represents, in the national court before which an action for damages was brought by an injured party falling within the scope of Article 1 of Directive 2000/26, as amended by Directive 2005/14”;
3) finally the recent decision of the Italian Supreme Court n. 29352/19 affirm that – without contradicting the principle affirmed by the ECJ ruling (C-558/15) – Member States are allowed to provide, by means of national legislation, that claims representatives may be sued. Therefore art. 151 and 152 of the Italian Insurance Code have been correctly interpreted by the Italian judges assuming that Italian claims representative can act and be summoned before the (italian) court in the name of and on behalf of the mandating party.
Source: Fabrice Lazari, CONSAP, Rome
What's new in European Traffic Law in December?
Fraudulent insurance claim foiled by social media:
« Claiming an impaired ability to run or cycle while posting significant evidence to the contrary online will come back to bite you. »
Le rapport médical international devient numérique
La numérisation devrait apporter un soulagement au travail dans les pratiques quotidiennes encombrées des médecins. Ainsi, depuis le 1er janvier 2019, le formulaire E 213 a été remplacé par un nouveau «Rapport médical détaillé», modernisé et plus facile à remplir. Dès le 1er juillet 2019, seule le nouveau formulaire doit être utilisé.
Risks of advanced driver assistance systems (ADAS)
Dutch Safety Board warns of multiple safety risks posed by advanced driver assistance systems (ADAS) such as Tesla Autopilot: human factor, situations they cannot cope with, lack of transparency concerning product features, questions concerning over-the-air updates, etc. .
EuGH: Airline haftet für Verbrühung eines Kindes durch heissen Kaffee, auch wenn sich Flugrisiko nicht verwirklicht hat.
What's new in European traffic law in November
Regulation adopted for safer cars in the EU
Safer cars in the EU. - As of mid-2022, all new cars put on the EU market will have to be equipped with advanced safety systems. Following an agreement with the European Parliament last March, the Council today adopted a regulation on the general safety of motor vehicles and the protection of vehicle occupants and vulnerable road users in a bid to significantly reduce the number of road casualties.
New Motorway Serbia-Bulgaria inaugurated
European Investment Bank Vice-President Lilyana Pavlova: “This is one of the most significant transport infrastructure projects Serbia has seen in recent years, and what I particularly welcome is its cross-border dimension. Corridor X helps to connect and integrate Balkan countries with the European Union, thereby having a positive impact on people’s everyday lives via increased economic growth, transport safety and capacity.”
Deutschland: 800'000 EUR Schmerzensgeld
Infolge eines Behandlungsfehlers erleidet der Geschädigte einen schweren Hirnschaden und wird für den Rest seinen Lebens ein Pflegefall. Er wird deswegen gemäss seinem Anwalt vermutlich „blind, taub und gelähmt bleiben“ und „hinter einer dunklen Scheibe“ noch „Jahrzehnte Dunkelheit und starke Schmerzen ertragen“ müssen. Die Höhe des Schmerzensgelds hat Signalwirkung in ganz Europa.
Emergency corridors coming to Poland
Poland is the eighth European country to implement an “emergency corridor” system to clear the way for emergency vehicles on congested roads.
The system, which has been shown to reduce response times by 4 minutes, and increase survival rates by 40%, is already used in Austria, the Czech Republic, Germany, Hungary, Luxembourg, Slovenia and Switzerland but was not widely known outside of those countries.
What's new in European Traffic Law in October
Dashcam-Video nicht als Beweis zulässig
Das schweizerische Bundesgericht hat entschieden, dass Dashcam-Aufzeichnungen als Beweismittel nicht verwertet werden dürfen, wenn es sich nicht um eine schwere Straftat handelt.
Think Tank of the EP about the use of drones
The Think Tank of the European Parliament emphasizes that the benefits of using drones need to be further enhanced in society and economy.
The EU Road safety exchange
The European Commission constantly underlines the target of reducing fatalities and serious injuries on the roads by 50% between 2020 and 2030 and launched a unique and EU-funded road safety project bringing together twelve member states to share ideas for improving road safety.
Accession negations rejected by European Council
President Juncker at press-conference: "I am very disappointed by the result of the EU enlargement discussion. It is a grave historical mistake not to open accession negotiations with Albania and North Macedonia. A grave historical mistake."
Night trains set for return to Brussels
The Austrian Railway Company ÖBB expands its night train services from
Vienna to Brussels partly as a result of growing attention over the climate impacts of flying. Connections to other destinations as Zurich, Hamburg and Berlin are planned.
Défaut d'assurance détecté par radars automatiques
Les plaques d’immatriculation des véhicules flashés seront automatiquement comparées au fichier des véhicules assurés, opérationnel depuis juin.
Proposals of how to insure e-scooters and automated cars
Insuring mobility - main proposals of Insurance Europe: mandatory liability insurance for light electric vehicles with speed over 25 km/h, increased road safety by full access to data of automated vehicles to insurance and driver.
ERA reviews efficacy of EU Regulation flight delays
According to ERA (European Regions Airline Association), the Regulation (EC) No. 261/2004 (EU261), which sets out rules for compensation and assistance to passengers affected by cancellations and delays for more than three hours, has negative impacts on financial stability and security of flight traffic. ERA suggests therefore to adapt the regulation
General Assembly 2019
In the evening before the XX European Traffic Law Days in Athens, the General Assembly of the Institute was hold. President Hélène Béjui-Hugues and Executive Director Alain Kunz demonstrated the very good financial standing allowing in the next years to invest with own resources in marketing and communication activities that will enlarge the scope more and more from traffic law to mobility in general and from Central Europe to other parts of Europe, as described by Board Member Holger Backu. These initiatives will be supported by improved and reinforced communication and membership promotion, as presented by Michael Nissen, responsible of the Communication Committee. Potential members will be carried from the first contact on a convincing customer journey binding them as professionals with technical and emotional incentives, according to Daniel Stauffer, responsible for the website and social media. The Board will do everything in order to enable an intensive all-side communication between our members by facilitating easy and cooperative exchange across borders, between insurance specialist and lawyers, consumer organizations and official institutions.
Contribution of the communications team, Athens October 2 2019
What‘s new in European Traffic Law in September
Spain improves road safety
Spain greatly improves traffic safety in the next 3 years: warning triangle substituted by warning lights on the vehicle roof, digital driving license, mandatory speed limit assistant, higher fines for using mobile phones, under drugs and speedexcess, distraction detectors, information blackbox, involuntary lane change assistant etc..
Rca: sentenza conferma taglio risarcimento per passeggero dietro senza cinture
Rca: sentenza conferma taglio risarcimento per passeggero dietro senza cinture
Risarcimento tagliato: l’uso delle cinture è imposto anche per i passeggeri che viaggiano dietro senza distinzioni tra quelli davanti.
Rca: sì al taglio drastico del risarcimento per chi, in caso di incidente, sta seduto dietro in auto e non indossa la cintura di sicurezza. Lo dice la sentenza 21991 della Cassazione che ha respinto il ricorso che non voleva tagliare il risarcimento da 589 mila euro a circa 425 mila. La Corte d’Appello aveva asserito che la trasgressione, ossia la mancanza della cintura per il passeggero che sedeva dietro, incideva per il 30% mentre per il Tribunale per il 3%...
Tram anti collision system
The Prague Public Transit Company (DPP) is planning, for September of this year, further tests of a tram anti-collision system, this time from an Israeli company Mobileye.
The system is based on a principle of smart cameras which register objects, vehicles, persons, their speed and direction of movement and work with special SW algorithms. The system itself “learns” to read the surroundings, thus becoming more reliable.
If the tram anti-collision system has been tested in operation by DPP without any problems, for the future DPP could purchase it, in a form of public competition, for all DPP trams (approximately 850 pcs). It could especially significantly eliminate collisions with pedestrians, thus preventing serious injuries resulting from a tram impact on a pedestrian, on which DPP draws attention also through the campaign called “Neskákej mi pod kola“ (“Don’t jump under my wheels”):
What's new in European Traffic Law in August
Three-point seat belt
Volvo Trucks celebrates 60 years of three-point seat belt - a life saving innovation.
Rasen ist Mord
Kudammraser wurde durch Berliner Gericht als gemeinsam begangener Mord beurteilt.
El primer atropello mortal con patinete eléctrico: una distracción con el móvil y mucha mala suerte
Avis Fonds de Garantie
"Trop peu de gens savent que les trottinettes électriques sont soumises à l'obligation d'assurance."
Bei Oldtimern gelten bei der Schadenabwicklung andere Spielregeln, als im normalen Reparaturfall.
Poland: Higher Sums
Thanks to a new law, victims of road traffic accidents will be able to receive additional assistance.
Corte di cassazione
La vittima di un incidente è incapace di testimoniare perché ha un interesse giuridico all'esito della lite.
Schweiz: Sehr strenge Begutachtungspraxis durch Bundesgericht bestätigt. BGE 141 V 281.
What's new in European Traffic Law in July
Have you experienced delays and cancellations? As an air, rail, ship or bus passenger, you have rights when travelling in the EU.
New discount rate
New discount rate based on a fair review system: more transparency, consultation and evidence-based decision-making.
Schweizer Startup hat App für Versicherungsnachweise entwickelt und trägt damit zur Digitalisierung des Versicherungsmarkts bei.
Scatola nera auto
L‘utilizzo in sede processuale dei dati forniti dal dispositivo elettronico è ammesso dal Codice delle Assicurazioni.
In Sandalen und mit Muskelkraft rollendes Auto stoppen - selbst schuld.
E Bike-Boom: Politiker und Sicherheitsexperten sprechen sich für eine Helmpflicht aus.
Send us your abstract about new interesting decisions concerning traffic law from your country.
What's new in European Traffic Law in June:
Speed limits, traffic controls, fines for distracted drivers: EU countries install laws for better road safety.
Lotta alle targhe straniere: la mossa del Governo italiano:
È vietato, a chi ha stabilito la residenza in Italia da oltre 60 giorni, circolare con un veicolo immatricolato all’estero.
Germany and France regulate the use of E-scooters on public roads. Rules usually are based on existing regulation of cycling.
European railway companies should create a uniform platform for easy and cheap travel reservation and establish advantageous rules for compensation in case of retardation.
Term "use of a vehicle"
European Court of Justice recognizes responsibility of a car owner for a building damage caused by a vehicle burn.
Rules for drone traffic
The European Commission adopted EU rules to ensure increasing drone traffic across Europe is safe and secure.
Può ottenere risarcimento da qualsiasi dei due responsabili oppure anche ai loro assicuratori Rca.
Mikromobilität und autonomes Fahren verändern den Stadtverkehr komplett.
What's new in European Traffic Law in May:
European Commission welcomes European Parliament vote on vehicle safety features.
App misst Fahrverhalten
Eine neue App misst das Fahrverhalten. Die Versicherungsprämie wird so individuell berechnet.
British High Court confirms: It is possible to join an insured (here the Spanish hotel) to a claim brought directly against its insurer.
Ai prossimi congiunti della vittima di reato spetta il risarcimento del danno morale
Quelles sont les règles d'un point de vue de l'assurance et des indemnisations éventuelles ?
Presunción de inocencia
Nueva sentencia del Tribunal Supremo con interesantes reflexiones sobre responsabilidad penal de las personas jurídicas
Deutsches Gericht verneint Haftung des Vaters für durch fünfjahriges Kind mit Fahrrad verursachten Schaden.
What's new in European Traffic Law in April 2019:
Vision Zero: more protection by vehicle technology
As of 2022, new safety tech-nologies will become mandatory in European vehicles.
Road safety: new figures from European Commission
Fewer people died on European roads last year but more efforts are needed to make a big leap forward.
Instant damage calculation by Smartphone App
Artificial Intelligence is facilitating claims and insurance handling processes all the way more.
Judgment of the ECJ of 28.02.2019 in Case "Meyn"
Mutual recognition of driving licenses. Refusal to recognise a driving license from other Member State .
European insurers publish no-deal Brexit check list
Insurance Europe has published a check list regarding the insurance implications of a no-deal Brexit.
Der tödliche Blick aufs Handy
Verkehrsteilnehmer werden je länger je mehr verunsichert durch Berichte in der Presse und in den Social Media über schwere Unfälle, die durch den Gebrauch von Smartphones am Steuer verursacht werden. Nachfolgend die Einschätzung der Experten des Instituts für Europäisches Verkehrsrecht:
What's new in European Traffic Law in March 2019:
EU Delegated Regulation on Intelligent Transport Systems
Minimal legal requirements for interoperability for Cooperative Intelligent Transport Systems adopted by European Commission.
If nobody’s driving, why do we need auto insurance?
Self-Driving Cars might kill auto insurance as we know it. Without humans to cause accidents, 90% of risk is removed.
Fraud Practice in Italy:
Video from a member of the Polizia Giudiziario
Unbelievable: new trick of false license plate. Never stop learning.
EU Parliament approves new amendments for compulsory insurance
“use of a vehicle” will be more narrowly defined than in recent cases e.g. Vnuk. Vehicle must be “in traffic”.
Siguen empeñadas las aseguradoras en negar el nexo causal
Nueva sentencia de la AP de MÁLAGA donde se indica que sus informes periciales constituyen una “simplificación aberrante”.
Der Döschwo-Restaurator aus Hegi
Dave Anrig handelt seit zehn Jahren mit alten Citroëns. Er hat sich besonders mit der Restauration von alten «Döschwos» einen Namen gemacht. Seine Kunden kommen aus der ganzen Schweiz, um die sorgfältig aufgepeppten Trouvaillen abzuholen. Mitunter fliegen sie aus der ganzen Welt ein.
EU Parliament: REFIT Motor Insurance Directive
Internal Market Committee MEPs adopted on January 22nd, 2019 changes to motor insurance rules to better protect road accident victims and tackle uninsured driving in the EU.
The EC proposal and the amendment proposal by MEPs aim to close loopholes and to improve the current Motor Insurance Directive in five areas: compensating victims of accidents where an insurer goes bankrupt; minimum amounts of cover; member states’ checks on vehicle insurance; how claims history statements are used by a new insurance company; and the scope of the directive.
This directive aims to protect victims of accidents in EU member states other than that of their residence, and domestic victims of an accident caused by a driver from another EU country.
Victims of accidents caused by a vehicle insured with an insolvent company may currently be left without compensation or suffer payment delays. The new rules require national compensation bodies to meet costs arising from claims where the liable party’s motor insurer is insolvent. MEPs made sure these victims are entitled to compensation in a maximum period of six months.
In order to ensure the same minimum level of protection for victims, the proposal harmonises obligatory minimum amounts of cover across the EU, without prejudice to any higher guarantees which member states may prescribe:
for personal injuries: € 6 070 000 per accident, irrespective of the number of victims, or € 1 220 000 per victim;for damages to property: € 1 220 000 per claim, irrespective of the number of victims.
Cross-border insurance checks on vehicles will be allowed in order to better tackle uninsured driving. Regarding claims history, the proposal seeks to ensure that insurance firms handle claims in a non-discriminatory manner, irrespective of nationality or previous EU country of residence of a citizen.
According to MEPs E-bikes, segways and electric scooters are excluded from the scope of the directive, since they are smaller and are therefore less likely to cause significant damage to persons or property than others such as cars or trucks are. It will be up to member states to decide at national level how to protect parties potentially injured by these vehicles.
Vehicles intended exclusively for motorsports are also excluded, as they are generally covered by other forms of liability insurance and are not subject to compulsory motor insurance when they are solely used for a competition.
The proposal also includes an amendment to set a standard EU limitation period of four years for claiming damages in the event of a traffic accident falling within the scope of the Directive.
The amended proposal, adopted in committee by 34 votes to one, with two abstentions, is due to be voted on by the EP full House during the February 11th -14th plenary session. The text would then still need to be agreed with the Council before becoming law.
International Women's Day 8th March 2019
Beautiful video from the communication team of Evo Morales, president of Bolivia. That's the way how to inform by short videos. The IETL communication team will develop in this direction in order to meet the requirements of our demanding community.
20th European Traffic Law Days 2019
in Athens / Greece
The 20th European Traffic Law Days 2019 will take place on Thursday 3rd and Friday 4th October 2019 in Athens/Greece. The preparations for the conference are in full swing. Venue is the Grand Hyatt Hotel Athens. This year will be again a dinner for the participants on October 3rd, 2019.
The following main topics are planned (subject to change):
- Key issues in European transport and traffic law
- Brexit: Contract Situation after Brexit (Rome II, Hague Convention)
- Major Claims (Tour d’Horizon European countries)
- International claims
The following topics will be deepened in Workshops:
- Brexit and Road Traffic Accidents
- Major ClaimsEnvironmental zones in Europe / Driving bans
The Brexit and its implications for legal practice will be one of the main themes of the conference.
An exclusive invitation with the main topics and early bird rebates will be sent soon to all members in advance.