Agora/DVR/ADFC/Association of German Cities/DUH: Road Traffic Law Reform is an important step but not enough

ADFC Welcomes the Step - and Demands More

The cycling club ADFC had also advocated for modernization for years and welcomes the amendment. It was urgently necessary because the old traffic law prioritized motor vehicles and often prevented sensible redesigns of traffic in favor of weaker road users.

“It was high time that the outdated Road Traffic Act finally caught up with the complex traffic realities of today and opened up possibilities for climate- and human-friendly road design. With the reform, municipalities will be able to establish protected bike lanes, bicycle streets, and more 30 km/h zones, thus quickly closing the countless gaps in the cycling network without being slowed down by unnecessary bureaucracy,” says ADFC federal director Caroline Lodemann.

Further Improvements Needed

The ADFC criticizes, however, that even in the new Road Traffic Act, a clear commitment by the legislator to Vision Zero is missing. And this despite the fact that the goal of traffic without deaths and serious injuries is expressly the guiding principle of the federal traffic safety program. Thus, a clear benchmark is lacking for what is even meant by the goal of traffic safety in the Road Traffic Act. A reduction in property damage, for example, is not enough, says the ADFC. Lodemann: “The safety of unprotected road users - that is, the children and adults who walk or bike - must be the highest priority in traffic law.”

The Road Traffic Regulations Must Also be Revised

To utilize the potential of the new traffic law, the Road Traffic Regulations (StVO) and the technical frameworks for road construction must now also be modernized quickly. The cycling club calls for the elimination of the requirement to justify the establishment of bike lanes. Bike lanes should also take priority over car parking spaces. Speed limits of 30 km/h should become the standard within city limits, with 50 km/h as the exception. The regulations must be aligned with Vision Zero and include directives for traffic shifts, as already outlined in the “E Klima 2022” framework.

German Association of Cities: Not the "Big Breakthrough"

Helmut Dedy, chief executive officer of the Association of German Cities, expressed both praise and criticism following the decision. The reform of the Road Traffic Act is now on the home stretch, and it is good that the amendment is finally coming.

“However, the reform is definitely not the big breakthrough for more decision-making freedom for cities. The mediation committee didn’t change that either. For example, the reform does not really make it easier and more flexible to establish 30 km/h zones in the future. Speed limits of 30 km/h will only be facilitated in certain places, such as playgrounds or heavily used school routes,” criticizes Dedy.

Nevertheless, he believes that some new regulations in the Road Traffic Act are moving in the right direction: Road safety will be strengthened and climate and environmental protection will be anchored in traffic law. In practice, cities will have a bit more leeway for traffic measures where children are on their way to daycare, school, or playgrounds. And bike lanes and bus lanes can be established with fewer hurdles than before.

“But it is clear: We need significantly more local decision-making freedom because cities are the traffic experts on the ground,” Dedy demanded.

Currently, more than 1,100 cities and municipalities in Germany, including numerous mayors from the Union parties, are demanding precisely more leeway in establishing 30 km/h zones through an initiative. Federal Transport Minister Volker Wissing (FDP) had touted it as a success that “blanket 30 km/h zones are off the table.” The ADAC also opposes general 30 km/h limits, especially on main commuter and commercial routes.

DVR: Safety and Ease Apply to All Types of Traffic, Not Just Cars

With regard to Vision Zero (zero traffic fatalities), it is questionable whether the reform really helps. Prevention is still not the guiding principle but rather the proof of a “special danger situation,” meaning accident load. Thus, the criticism of the German Traffic Safety Council (DVR), which speaks of a “small reform” whose impact cannot yet be reliably assessed, is not surprising.

“We expressly welcome the fact that the precedence of safety is clearly written into the Road Traffic Act. The clarification we are still missing, that the safety and ease of traffic apply to all road users, will be known by the municipalities in their traffic space design according to the prevention principle,” says Manfred Wirsch, president of the German Traffic Safety Council (DVR).

The council, which includes all relevant ministries, accident insurers, traffic clubs, and car manufacturers, would also have welcomed the clarification that the so-called “safety and ease” apply to all types of traffic. “Actually, this has always been the case but is too often interpreted one-sidedly in favor of car traffic,” a spokeswoman told the SZ.

DUH: A Missed Opportunity

The German Environmental Aid (DUH) sees the Road Traffic Act amendment passed by the Bundestag as a missed opportunity for a mobility transition. To investigate the few new possibilities for municipalities and to create legal certainty for their actions, the DUH announces a legal review.

“After months of waiting, nothing has changed with the reform of the Road Traffic Act. The breakthrough for the traffic shift, which not only we but also over 1,000 municipalities have demanded, has been prevented by Transport Minister Wissing. A genuine paradigm shift towards climate protection and livable cities remains absent: Neither is Vision Zero in the law, nor are legal foundations for digital parking control and a social gradation of parking fees created,” explained Jürgen Resch, federal managing director of the DUH.

The demanded standard speed limit of 30 km/h within city limits is missing, which could easily save lives and make municipalities more livable. Therefore, they want to support municipalities even more in fully exploiting the few new possibilities legally. Resch announced a legal review as soon as the new Road Traffic Regulations are passed. These must come before the summer break.