VCD presents Federal Mobility Law for reform of the transport sector

The ecological transport club VCD recently presented a proposal for a Federal Mobility Act, which aims to establish the necessary new legal framework for a transportation transition. In their coalition agreement, the parties of the "traffic light" coalition had set out to embark on a mission "for sustainable, efficient, barrier-free, intelligent, innovative, and affordable mobility for all." They intend to provide a template for this.

“The Federal Mobility Act (BuMoG) considers all modes of transport equally for the first time and thus enables the implementation of the climate goals in the transport sector through integrated planning and financing of federal transport routes. The focus is on people and their mobility needs,” explains VCD federal chairwoman Kerstin Haarmann.

For the first time, the Federal Mobility Act would define overarching strategic goals for the transport sector, such as ensuring mobility, traffic safety, health protection, as well as environmental and climate protection, the NGO advocates. These strategic goals have numerous intersections with the projects outlined in the coalition agreement of the "traffic light" government and form the umbrella under which implementation goals and specific transport planning move, the club argues. The centerpiece of the legislative proposal is a federal mobility plan that concretizes these strategic objectives. The federal mobility plan should be developed by the Federal Ministry of Transport and adopted by parliament, with binding financial commitments.

“The law sets priorities and creates reliability. Monitoring is also anchored along with a regulated procedure for readjusting and adapting goals in a defined multi-year rhythm,” elaborates the VCD federal chairperson.

With the Federal Mobility Act, the association also sees the interests of the federal government, states, and municipalities being brought into a new, sensible balance, as the legal experts explain who drafted the bill on behalf of the VCD. Because the draft law creates improved leeway for action for states and municipalities, for example through changes in the Road Traffic Act. On the other hand, they should also concretely pour their transport planning into concepts, the authors argue further.

Planning security and progress for the transportation transition

Mobility is considered in the draft law from ecological, social and economic perspectives equally and is thus set up integratively. Integrative means: The various modes of transport such as road and rail are considered together and in comparison to each other.

“This fundamentally distinguishes the Federal Mobility Act from the previous practice in the federal transport route plan with its isolated approach and long list of unfinished projects,” explains Michael Müller-Görnert, the VCD's transport policy spokesman.

Central to him is also the secured financing of measures, which the Federal Mobility Act first makes possible. “The adopted measures must be fully funded; this creates planning security and focuses planning capacities on the most urgent projects for the transportation transition,” emphasizes Müller-Görnert. The VCD now sees the federal government as having an obligation. Because the goals formulated in the coalition agreement require implementation. “The Federal Mobility Act is now there for this implementation,” emphasizes Haarmann. The NGO feels reinforced by the Federal Constitutional Court's climate protection ruling issued just under a year ago, which named the transport sector as an exemplary field of action. The most recent climate protection ruling of the Federal Constitutional Court from January 18, 2022, on the DUH lawsuit also contains references to the responsibility for climate protection between the federal government and the states.

Initiative by the VCD, numerous stakeholders involved

The initiative for working on the BuMoG draft law originated from the VCD to align the institutional framework of transport policy in Germany with the requirements of sustainable mobility. The club is supported in this by numerous actors from civil society, science, and the mobility industry. Technical impulses were provided by the VCD's scientific advisory board, including transport consultants Dr. Axel Friedrich and Dr. Jan Werner, who once again emphasized the need for a Federal Mobility Act and urged its implementation during the VCD's online discussion. The draft law was created by renowned state and administrative lawyers including Prof. Dr. Georg Hermes from Goethe University Frankfurt/M., Prof. Dr. Urs Kramer from the University of Passau, and Dr. Holger Weiss from W2K lawyers. The proposal is accompanied by a constitutional legal opinion on national impacts as well as compatibility with EU law.

“The instruments developed in the draft create a solid, democratically legitimated foundation for sustainable transport policy based on the Basic Law and EU law,” summarises VCD chief Haarmann.