Limit without basis?

50 km/h in no man’s land: driver fights fine

Why 50 km/h here? The driver, like others, was caught by the radar (on the right-hand side of the road).(Bild: zVg)

A local driver is being fined for driving at 63 km/h on a federal highway in Tyrol – and is appealing: "A straight road with no intersections or danger spots" does not justify this limit, she argues. Will her arguments be successful?

The driver from Obsteig understands speed limits in built-up areas or where they are necessary due to increased danger.

However, she does not understand why she was caught speeding at 63 km/h on the federal highway near Fronhausen (Mieming) on November 5 and now has to pay a fine of 50 euros (or serve 23 hours in prison). Others have also fallen into this "trap" recently – "because the restriction is simply not perceived as realistic and plausible," the Oberland resident is certain.

Arguments formulated on ten pages
The legally savvy academic has now written a ten-page appeal to the Imst district administration. First, she cites the road traffic regulations, according to which prohibitions and restrictions are only permitted if they are "necessary for the safety, ease or flow of traffic or for the protection of the environment."

Why 50 km/h here? Like others, the driver was caught by the radar (on the right-hand side of the road).(Bild: zVg)

Many fall into this trap because the restriction is simply not perceived as realistic or plausible.

Die bestrafte Lenkerin

Several factors that argue against danger
This is not the case at the location in question on the B189: "The section is outside the town area, is straight throughout and is not characterized by intersections, junctions or other potentially dangerous situations."

Irritating: on the same comparable section of road, just a few hundred meters further towards Krebsbach, the speed limit is 60 km/h. "There is no apparent objective reason for this difference in treatment. This reinforces the impression that this is an isolated individual decision that is not based on uniform and objective criteria," writes the local resident.

"Fern Pass strategy" as a reason is insufficient
What is behind the new restriction? It is apparently part of the state's "Fernpass strategy" to curb transit and diversion traffic. Such a strategic objective, the driver argues, is by no means a carte blanche for such an isolated measure.

There is a complete lack of official evidence, such as accident or noise analyses. The regional planning policy is also misguided with the designation of land along this thoroughfare. By way of comparison, the driver cites the heavily congested Loferer Bundesstraße, which is also far from being regulated in this way throughout.