Mobility Wiki

Here you will find interesting articles and further links on all important topics of mobility and traffic law.

EU Comparative Law Study AI 2021

This study will analyse how damage caused by artificial intelligence (AI) systems is allocated by the rules of tortious liability currently in place in the EU, and whether – and if so to what extent – the national tort law regimes differ in that respect.

https://op.europa.eu/en/publication-detail/-/publication/8a32ccc3-0f83-11ec-9151-01aa75ed71a1/language-en

 

 

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

 

Autonomous boats: The race for the best self-driving vehicles recently skipped on watercraft

In a five-year project from MIT Massachusetts Institute of Technology and Senseable City Lab, researchers have been developing the world's first fleet of autonomous boats for the City of Amsterdam, Netherlands, and have recently added a new, larger vessel to the group: Roboat II is 2 meters long and capable of carrying passengers.

Roboat II navigates autonomously using algorithms similar to those used by self-driving cars, but now adapted for water. With the project, fleets of self-driving boats are developed that can deliver people and goods and connect with other robotic boats forming a range of autonomous platforms to enable water activities.

Autonomous boats could be your next ride:
https://lnkd.in/drCYQFj

 

How to proceed when the victim suffered two accidents in different countries?

In this judgment, a Dutch Court of Appeal investigated whether, as a result of a car accident on 16 July 2008 in Germany, in which a Czech lorry was involved, and on 27 January 2009 in the Netherlands, the claimant suffered personal injury that can be attributed to the Czech or to the Dutch insurer as liable parties. Because German law applies to the first and Dutch law to the second accident and because there were only six months between the two accidents, the assessment was both legally and medically complex.

Contrary to the opinion of the preliminary Court, the complaints of the claimant were the result of the accidents. Since the insurers declared in appeal that they will ‘act jointly‘, the causal attribution no longer needed to be answered. The extent of the damage suffered can be settled between the parties themselves, or the parties may express their views by proofs, whereupon a court appearance of the parties will be ordered.

Read more:
https://lnkd.in/dWSHZCN

 

The Spanish Insurance Admiral Seguros | Admiral Group announced to use Artificial Intelligence to assess vehicle damages

The company has introduced an AI solution, developed by the technology company Tractable of which is said that it accurately assesses vehicle damages with photos submitted via a web app. The app should complete the complex manual tasks that a vehicle inspector would normally perform and should produce a damage assessment in minutes, possibly even without the need for further review.

It is planned that the claims department will make an immediate payment offer to the insured when the damage assessment has been received. Many claims should be resolved this way in hours, possibly even on the first call.

Admiral Seguros hopes to provide with this digital claims management process a claims settlement without the need for travel or other waste of time to its policyholders.

Read more: https://lnkd.in/dku6mGf

 

Accident abroad with compatriot: which law is applicable?

Decision of Saarbrücken Higher Regional Court (Germany) of 06.02.2020:

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).

Read more: https://lnkd.in/d6WfmaV

 

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

 

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.

 

Enter to Great Britain after Brexit

In the current situation with Covid-19 pandemic, traveling to Great Britain seems a long way off. However, if travel is possible again Brexit will have changed the way to travel in the United Kingdom.

First of all, tourists who will stay less than six months do not need a visa. Till September 2021 entry Great Britain with an ID card is possible. From October 2021 EU citizens need to use their passport. Moreover, the European Health Insurance Card (EHIC) is accepted for a temporary stay.

If you travel by car you must consider the following. A valid driving license from a European Union country is accepted.  In addition to the driver’s license, you need a valid motor vehicle liability insurance. To prove your insurance, you need a green card which serves as proof of liability insurance abroad. You can request it from your insurer.

Travelers who come by plane have also adjust to changes. The European Passenger Rights Ordinance is no longer always applicable in cases when people are traveling from the EU to the Great Britain. If the flight originates from an airport in the EU or it starts in Britain with EU as destination and the airline is settled in the EU claims for damages can be asserted according to this regulation. Only for flights by an airline which is not settled in the EU and that starts from an airport in the United Kingdom this regulation does not apply. However, for this cases UK legislation has created “The Air Passenger Rights and Air Travel Organisiers’ Licensing Regulations” (APR). It offers a similar protection for passengers.

For the mobility between the EU and the UK the new legal situation does not change a lot. Nevertheless, the need for a passport from October on may discourage some tourists from short trips to Great Britain.

 

Obligation in France to inform about the blind spot

From 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.

 

Regulation Art. R313-32-1 Code de la Route, https://www.legifrance.gouv.fr/codes/article_lc/LEGIARTI000042534807/2021-01-01

Effect of Covid to international freight traffic


The impact of the pandemic to the international goods movement were huge. Various regulations in different countries lead to a confused overall set of rules. For this reason, the International Road Transport Union (IRU) has made an overview with information’s about regulations in various states: https://www.iru.org/intelligence/flash-info
In the countries of the European Union, the restrictions for truck drivers are largely phased out. Only the local rules for access to restaurants, distance rules, etc. are also valid for truck drivers. Because of the rising number of cases and the coming winter, this could change. Therefore, we have collected the main information to each country of the European Union. Since the legal situation can change at any time, we recommend that you inform yourself before entering a member state.
Austria
Truck drivers are allowed to cross Austria without a test or quarantine. If the truck drivers have contact with other persons more than twice a day or more than 15 minutes, they must be vaccinated, tested, or recovered. If there are two people in the driver’s cab, they must confirm with this requirement. From 15.11.2021 on, every employee must be vaccinated, tested, or recovered if they want to work at the workplace.
Belgium
Truck drivers are allowed to cross Belgium without a test or quarantine.

 

Czech Republic
Truck drivers are allowed to cross the Czech Republic without test or quarantine. They need to carry the certificate, to provide that they are a truck driver: https://www.mvcr.cz/docDetail.aspx?docid=22240809&doctype=ART
Denmark
Truck drivers are allowed to cross Denmark without a test of quarantine. Anyway, it’s recommended to use the entry form: https://en.coronasmitte.dk/rules-and-regulations/entry-into-denmark/legal-requirements-upon-entry/new-mandatory-testing-and-isolation-requirements
Germany
Truck drivers are generally allowed to cross Germany without test of quarantine. Only if thex have been in an area with virus variants in the last ten days, they must bring a 72h old PCR or 24h old antigen test.
Finland
Truck drivers are allowed to cross Finland without test or quarantine.
France
Truck drivers are allowed to cross France without test or quarantine. They only must fill out and carry the certificate at https://www.bgl-ev.de/images/corona/cfitw.pdf
Greece
Truck drivers are allowed to cross Greece without test or quarantine. If they travel by a ferry from Italy, they need a negative test and must fill in the result in this form: https://self-testing.gov.gr/covid19-self-test-print.pdf
Hungary
Truck drivers are allowed to cross Hungary without test or quarantine. They should carry a certificate that provides their driver property.
Ireland
Truck drivers are allowed to cross Ireland without test or quarantine. To prove their driver property, they should use the certificate at: https://www.bgl-ev.de/images/corona/cfitw.pdf
Italy
Truck drivers are allowed to cross Italy without test or quarantine. For loading and unloading in Italy, truck drivers must be vaccinated, tested, or recovered.
Luxembourg
Truck drivers are allowed to cross Luxembourg without test or quarantine.
Malta
To enter Malta, everyone must show a PCR test that is not older than 72h.


Netherland
Truck drivers are allowed to cross the Netherlands without test or quarantine. Only if they are unvaccinated, they must bring a negative PCR test when they want to stay longer than 72h.
Poland
Truck drivers are allowed to cross Luxembourg without test or quarantine.
Portugal
Truck drivers are allowed to cross Portugal without test or quarantine. Only if they will stay for longer than 72h, they need to be vaccinated, tested, or recovered.
Romania
In Romania a categorization for countries is essential for the requirements to enter the country: https://www.cnscbt.ro/index.php/liste-zone-afectate-covid-19/. If you come from a green country, there are no restrictions. People who come from a yellow or red country must be vaccinated, tested 72h before entering by a PCR test, or recovered. If they leave the country 24h after entry, they don’t need these requirements. If you come from a third country, you must make 14 days quarantine. Further, the night curfew from 22:00 to 5:00 is not applicable to truck drivers, that have been vaccinated or recovered.
Slovakia
Truck drivers can cross the country without test or quarantine. Drivers should carry the Annex-3 form: https://www.mindop.sk/uploads/extfiles/doprava/cesta/scd/info%20na%20SDU/Revidovany%20certifikat%20-%20osvedcenie%20pre%20pracovnikov/Bescheinigung%20f%C3%BCr%20Besch%C3%A4ftigte%20im%20internationalen%20Verkehrswesen%20DE.pdf
Slovenia
Truck drivers are allowed to cross Slovenia for 12h without test or quarantine. If the stay will take more than 12h they need to be tested, vaccinated, or recovered.
Spain
Truck drivers are allowed to cross Spain without test or quarantine. If the stay will take make than 72h, they need to be tested, vaccinated, or recovered.
Source: pixabay, ulleo

 

 

Cross boarder road traffic accidents

If you had an accident in your own country of residence with a car with a foreign license plate or if you had an accident in another country of residence, the managing organisation in Europe is the Council of Bureaux (CoB). It will help you to handle your claim in your home country.

Here you will find quickly the solutions: https://www.cobx.org

 

 

Decision of the German High Court: Car insurance: half liability - full compensation



In a traffic accident it was not possible to conclusively determine who was responsible. In a first judgment, the court therefore awarded both parties involved in the accident a liability quota of 50%.

The problem now was that the second party involved in the accident was not the owner of the vehicle. At the time of the accident, the owner was a bank through which the keeper of the car financed the vehicle.

The German High Court therefore decided that the liability insurer of the first party involved in the accident had to pay 100% of the damage to the bank. How did this come about after the liability quota had been split in half?

The liability quota was divided in half because the course of the accident could not be determined and the liability quota was shared between those involved in the accident. However, the owner of the vehicle - namely the bank - was entitled to compensation, but not at all to blame for contributing to the cause of the accident.

However, the liability insurer did not want to bear 100% of the costs of the bank’s vehicle damage, but instead demanded – based on the previous court judgement – 50% of his compensation from the keeper of the vehicle. The keeper refused to pay and the case went to court.

Finally, the German federal judges ruled that the keeper of the vehicle does not have to compensate for the damage. He is not liable to the credit institute, since the owner liability according to § 7 Abs. 1 of the German road traffic act only applies to things different from the own car. And the contract between the bank and the keeper of the car did not result in any other assessment. Ultimately, the fault in the accident could not be clarified and therefore no breach of duty against the provisions of the agreement between the bank and the keeper of the car could be proven.

 

EU plans a right to repair for consumers



Towards a more sustainable single market: The European Parliament decided on 25 November 2020 to promote durable products which are easier to repair, reuse and recycle, while taking steps to support consumers in this transition.

The Parliament wants to boost sustainability by tackling practices that shorten the lifespan of products:

  • Encourage sustainable consumer choices and promote a culture of reuse
  • Improve reparability and extend lifespan of products
  • Call for a common durability system to reduce electronic waste
  • Systematic changes to more sustainable public procurement as well as responsible marketing and advertising

According to a Eurobarometer survey, 77% of EU citizens would rather repair their devices than replace them.

The vote means that the European Commission now has the full support of the Parliament in moving forward with the development of laws aimed at extending the lifetime of products such as smartphones and laptops. But also vehicles will be concerned, since they mainly consist of electronic parts.

Read more:
https://lnkd.in/eK3qgeJ

 

The Advantages of Urban Cable Cars

 

Cable cars fill a unique role in urban transport. They provide a high quality transport experience, contribute little to air pollution or climate change, and are particularly well suited to challenging terrain. They don't serve quite as many passengers as mass transit systems like metro, for instance, but they typically require less time and money to implement.

Perhaps the main advantage of aerial cable cars, however, is that they open the door for wider engagement with marginalized urban communities. In the case of Medellín, Colombia, the Metrocable has not only reduced overall transportation costs and increased access to employment for the city's most disadvantaged groups, but also helped improve the built environment around them, enhanced public spaces, and strengthened social fabric through community participation. Together, these changes can shape more equitable, inclusive societies and improve quality of life for all residents.

But recent projects do not only regard urbanisation in Latin America, but in many other towns worldwide. As cities consider how to get people moving again post-corona – in healthier, more sustainable ways, urban cable cars present a viable option that can be integrated into existing public transport networks.

 

Italy: no compensation for the passengers?



Bad news for those traveling on a car involved in a road accident in Italy without fault of its driver: in these cases, the passenger is not entitled to compensation for damage by the insurance of the vehicle on which he was located.

In the decided case, the injured person was on board a car that was hit by another vehicle, coming from the opposite direction, whose driver had made a risky overtaking, losing control of the vehicle. In the impact, this passenger had suffered personal injuries and had requested compensation from the insurance of the vehicle he was traveling on.

But the judge from Taranto declared that the request is inadmissible, referring to a sentence of the Cassation Court, according to which the compensation obligation is excluded for "fortuitous events" as the full liability of other car drivers.

Unfortunately, this restrictive literal reading of the law by Italian courts leads to an unreasonable disadvantage for passengers, especially for passengers injured in a foreign car, since they will not get direct compensation from their domestic insurer, when Italian law is applied.

Read more: https://lnkd.in/dpg73Gk

Spain is the first country in the world to make 30 km/h the default speed limit on urban roads



The Council of Ministers has approved a royal decree that modifies both the General Traffic Regulations and the General Vehicle Regulations regarding urban traffic regulatory measures. The purpose of these changes is to reduce the accident rate in urban areas while regulating the new emerging forms of citizen mobility.

The royal decree redefines the general speed limits on urban roads (article 50) based on their different classification:

  • On roads that have a single carriageway and sidewalk platform, the limit will be 20 km/h.
  • On roads with a single lane in each direction of traffic, the limit will be 30 km/h.
  • On roads with two or more lanes per direction of traffic, the limit will continue to be 50 km/h.

Towns and cities will have six months to implement the changes.

 

Italy: 15 years of experience with the direct compensation regime by the own insurance against motor accident claimants



In September 2005 the direct compensation of claimants by the own insurance was introduced into the Italian Insurance Contract Act. According to Italian claims specialists, the new regime only partially met the expectations of a faster and easier claims handling. Responsible for that is amongst other things the rather complicated legal situation, allowing the direct compensation only for certain cases and for many others not. For instance accidents with only one ore more than two vehicles do not fall under this system, nor accidents with foreign or uninsured vehicles, nor personal injuries with more than 9% permanent disability, etc.. Furthermore, the new regime leads to criticism because of the obvious contradiction and incompatibility the insurance companies being obliged to act in the own interests, the interest of the opposite insurance company and at the same time also for the rights of the insured.

Read more about the direct compensation regime in Italy:

https://lnkd.in/dKBd3t9

 

EU

The sounds of silence: How do electric vehicles sound?



The absence of noise in electric cars is a problem for the safety of pedestrians. Therefore, the European Union requires since July 2019 that all new electric and hybrid cars must make noise even if they go at low speeds, what is known as acoustic warning system (AVAS, for its acronym in English).

The artificial sound system will be imposed also for old electric cars in 2021. Therefore, many manufacturers have even partnered with renowned composers to create this distinctive sound of a combustion engine.

Volkswagen, for instance, has counted on the composer Leslie Mandoki for the creation of this sound. According to Volkswagen, the sound of an electric vehicle defines its identity. The sound must be safe and pleasant. It can sound futuristic and must also impress with its unique character. It will be a differentiating factor between vehicles.

This is the sound that Volkswagen electric cars like the ID.3 will make. You can listen to it here:
https://lnkd.in/dS7swsu

 

Driving License

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

 

EJC

Hot off the press ECJ - Passenger rights in maritime transport
Judgment of 2 September 2021 in Case C-570/19 Irish Ferries

The Court of Justice clarifies a number of provisions of the regulation concerning passengers’ rights when travelling by sea and inland waterway. The re-routing and compensation obligations in the event of cancellation of a service are proportionate to the objective pursued by the regulation.

A request for a preliminary ruling was made in the course of proceedings between the company Irish Ferries Ltd (‘Irish Ferries’), an Irish shipping company, and the National Transport Authority (Ireland) (‘NTA’), concerning the application of Regulation No 1177/2010 1 to the cancellation of a season of sailings scheduled by Irish Ferries between Dublin (Ireland) and Cherbourg (France).

More information: https://curia.europa.eu/jcms/jcms/p1_3577306/de/

 

Electric car batteries are amazingly long-lasting

The auto recycling industry has so far almost not scrapped any electric cars. Currently, 1,000 to 1,500 charging cycles are assumed, which last 200 to 300 kilometers each.

Therefore, the manufacturers take away the fear of rapid battery degeneration by offering a guarantee on their batteries of usually 8 years and 160,000 kilometers. During this period, the battery should not lose more than 25 percent of its charge capacity.

The recycling of old batteries from e-cars is a new concern of the car recycling industry. Various questions arise: What quantities of raw materials such as cobalt can be recovered from the batteries? What is the value of these raw materials?

However, recycling is only the last phase of life for an electric car battery. Usually the battery is given a second life in another application beforehand. They can be used to store solar energy or to compensate for current peaks, for example as a buffer at charging stations for electric vehicles. Amazingly, the batteries seem to recover in stationary use, as they are no longer exposed to vibrations or temperature fluctuations, so that they can be used for another five to ten years without any problems - possibly even longer.

 

E-Scooters

SAFE ON ELECTRIC SCOOTERS

12 recommendations for safer use of electric scooters from ASIGUROPEDIA, an initiative of UNSAR - Asigurătorii din România, the National Union of Insurance and Reinsurance Societies in Romania:

  • The first use tests will be done in areas without car traffic, such as a private ground or landfill.
  • Wear safety equipment consisting of a helmet, gloves, elbow and knee pads. This equipment, if used, can reduce by 60% injuries suffered in an accident with an electric scooter.
  • Never drive on the sidewalk. Follow the rules applicable to cyclists.
  • Be visible, wear fluorescent equipment, especially at night.
  • Wear a reflective vest or flashing red light to make it easier to be seen in traffic.
  • Observe a maximum speed of 25 km/h
  • Do NOT carry passengers on electric scooters.
  • Keep both hands on the handlebars while moving.
  • Always be careful on the road. With small scooter wheels, it is more difficult to avoid a pit or get over the tram rails.
  • Adopt preventive behavior in traffic. Even if it is easy to maneuver, slalom between vehicles is dangerous.
  • Anticipate braking as much as possible and be proactive in traffic. Not as bicycles, the braking distance will be longer in the case of scooters.

Read more: https://lnkd.in/dhWsuzn

 

E-Bike

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.

 

Insurance fraud in Europe


Detected and undetected fraud is estimated to cost European citizens 13 billion euros a year: examination of a community problem.

What concerns the overall volume of business, the black shirt belongs to the United Kingdom where undetected fraud is estimated to more than 2 billion euros, followed by Belgium and Spain with about 0.5 billion euros.

The percentage of dubious claims compared to the total number of claims in Europe can reach up to 10% of all claims expenditure, as estimated by the German insurance association GDV Gesamtverband der Deutschen Versicherungswirtschaft e.V. for Germany.

Fraud has an impact on insurers but also on their honest consumers facing higher insurance premiums.

Therefore, the insurance industry is doing much to combat fraud in various ways: dedicated investigative groups, cooperation with law enforcement authorities, allocation of specialised anti-fraud trainings, use of technology and data analytics including anti-fraud databases, information campaigns. The national initiatives show many similarities.

Read more about the fight against insurance fraud from Insurance Europe:
https://lnkd.in/d9UeWnx

 

 

The Federal Administrative Court (BVerwG) in Germany has cleared the way for the construction of the controversial Fehmarnbelt Tunnel

 

In Denmark, building permission for the Fehmarnbelt Tunnel had existed for a long time, now it is also clear in Germany: the tunnel can be built. The court dismissed all complaints against the planning approval decision for the German section of the project. The judges ruled that the project did not violate nature conservation law and that the planners had not made any other errors in consideration (Urt. v. 03.11.2020, Az. 9 A 7.19 u.a.).

The subject of the planning approval decision of 31 January 2019 is a combined road and rail tunnel which will connect the island of Fehmarn (Germany) with the Danish island of Lolland. The tunnel is around 18 km long; about half of this is accounted for by the German part of the project. The structure is up to 47 m wide and up to 13 m high. It will be assembled from prefabricated elements. These will be manufactured in a factory specially built for this purpose on Lolland and then lowered into a trench dug on the seabed. The tunnel includes a four-lane road, a two-track electrified railway line and a maintenance and evacuation corridor in separate tubes. According to the German-Danish state treaty of 2009 on which the planning is based, Denmark will build and operate the fixed link across the Fehmarnbelt at its own expense. For this purpose, Denmark has founded a private company. The costs are to be refinanced through tolls and rail user charges.

The court had to decide on a total of six complaints. Two nature conservation associations, several ferry companies and the town of Fehmarn had opposed the project. They doubted the traffic forecasts for the railway and car tunnel and feared serious environmental impacts, for example on porpoises, reefs and eider ducks.

However, the objections did not convince the federal judges. The building project did not lack a justification in planning terms. According to the court Germany and Denmark had agreed on the project in an international treaty. The need for the tunnel was thus legally regulated. Therefore the Federal Administrative Court is bound by this. The binding force only ceases to apply if the determination of need is evidently unobjective or the circumstances have changed so fundamentally that the intended planning objective cannot be achieved under any circumstances, not even approximately. The court declared that such an exceptional case does not exist here.

Furthermore the challenged planning approval decision does not infringe nature conservation law. To protect the harbour porpoises living in the Fehmarnbelt from construction noise, a precautionary limit value was set that is significantly below the source level of large ships and ferries. Investigations revealed that the implementation of the project will not cause any significant risk of disturbance or even killing of resting birds. With regard to the reefs, the planning also takes sufficient account of biotope protection. Insofar as reefs in the immediate vicinity of the tunnel route were only identified after the zoning decision was issued, the project may not be carried out in this area without an exemption from the prohibition.

Ultimately the court confirms that those who will continue its ferry operations after the construction of the tunnel are still allowed to do so. Hence the authority also did not commit a far-reaching error of consideration with regard to the interests of individual plaintiffs.

All in all, the project is, as the European Commission said, one of the most important cross-border projects of the trans-European transport network. The shortening of the journey time between Hamburg and Copenhagen associated with the realisation of the project would foreseeably lead to a shift of traffic that is currently handled with a considerable diversions via the Great Belt. Even then, the expected volume of motor vehicles would remain significantly below the average capacity utilisation of German motorways. However, this is irrelevant in view of the important connection of the Scandinavian countries to the continental European transport network.

Read more: https://www.bverwg.de/pm/2020/62

 

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.

Read more: https://www.adac.de/reise-freizeit/reiseplanung/reise-sicherheit/niederlande-bussgeld/

 

Paris will test its first flying taxis in June 2021

 

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 air 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.

Read more: https://www.thelocal.fr/20210119/paris-to-test-its-first-flying-airport-taxis-this-summer/; https://www.connexionfrance.com/French-news/Flying-taxis-could-be-in-the-Paris-skies-by-2024

 

France: Liability reduction towards driver at fault - new decision of the cassation court



Since the introduction of the Loi Badinter in 1985, it is understood that quite any fault committed by a victim of a road accident makes it almost inevitable to fully compensate his damage. At least this does not apply to the driving victim. His fault is in French law defined differently, and in a sense which is clearly less favorable to that committed by the non-driving victim.

The Court of Cassation had to answer the question of whether the degree of seriousness of the fault of the responsible driver must be taken into account in order to assess the fault, suitable to reduce the compensation of the driving victim. The High Court broadly affirmed that the causal role of the fault of the victim driver must always be assessed independently from the behaviour of any other driver involved in the accident. The intensity of the transgression of all other drivers implicated in the accident is therefore not significant.

Read more: https://lnkd.in/d8rb5kC

Hit and run in Europe

According to a study by the Belgian Institute for Road Safety, Belgium leads the way alongside the United Kingdom in Europe when it comes to hit-and-run cases. The reasons for this are the high incidence of driving under alcohol, the lack of insurance coverage or vehicle registration, but also the fear of being punished for other criminal offenses. Victims also tend to report more cases due to the guarantee fund’s obligation to provide benefits. In Germany and France it is already a criminal offense to leave the scene of an accident after property damage has been caused, in Switzerland not. In Spain, on the other hand, until recently it was not possible to punish the fugitive driver if there was even the slightest doubt about his culpability.

Read more about hit-and-run in Europe:
https://lnkd.in/dAhJqfz
https://lnkd.in/dhnjcDh
https://lnkd.in/d-qVSr5
https://lnkd.in/dSTXcV4
https://lnkd.in/dgiuDeV

Insurance fraud in Europe


Detected and undetected fraud is estimated to cost European citizens 13 billion euros a year: examination of a community problem.

What concerns the overall volume of business, the black shirt belongs to the United Kingdom where undetected fraud is estimated to more than 2 billion euros, followed by Belgium and Spain with about 0.5 billion euros.

The percentage of dubious claims compared to the total number of claims in Europe can reach up to 10% of all claims expenditure, as estimated by the German insurance association GDV Gesamtverband der Deutschen Versicherungswirtschaft e.V. for Germany.

Fraud has an impact on insurers but also on their honest consumers facing higher insurance premiums.

Therefore, the insurance industry is doing much to combat fraud in various ways: dedicated investigative groups, cooperation with law enforcement authorities, allocation of specialised anti-fraud trainings, use of technology and data analytics including anti-fraud databases, information campaigns. The national initiatives show many similarities.

Read more about the fight against insurance fraud from Insurance Europe:
https://lnkd.in/d9UeWnx

 

France discontinues inter-lane 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 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. 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. 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.

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

France: Liability reduction towards driver at fault - new decision of the cassation court

Since the introduction of the Loi Badinter in 1985, it is understood that quite any fault committed by a victim of a road accident makes it almost inevitable to fully compensate his damage. At least this does not apply to the driving victim. His fault is in French law defined differently, and in a sense which is clearly less favorable to that committed by the non-driving victim.

The Court of Cassation had to answer the question of whether the degree of seriousness of the fault of the responsible driver must be taken into account in order to assess the fault, suitable to reduce the compensation of the driving victim. The High Court broadly affirmed that the causal role of the fault of the victim driver must always be assessed independently from the behaviour of any other driver involved in the accident. The intensity of the transgression of all other drivers implicated in the accident is therefore not significant.

Read more: https://lnkd.in/d8rb5kC

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

 

 

The mobile phone cannot be used even when stopped at the traffic light

(Italian Court of Cassation ordinance no. 23331/2020).

Ordinance no. 23331/2020 of the Court of Cassation concerns the high fine against a motorist who used a mobile phone during a stop at a red light. The Court reiterated that the police report is a full proof and specified that art. 157 of the Codice della Strada provides that stopping means the interruption of the vehicle's travel due to traffic requirements. In such situations, it remains forbidden to use mobile phone equipment (except through earphones or hands-free kit).

The Court clarifies that it would be completely unreasonable to imagine that, in cases such as the present one, the driver, when engaging an intersection pending the passage of cars with priority and with the obligation to leave the area as soon as possible, could safely use a mobile phone device, simply because the vehicle has temporarily stopped.

The reason of the prohibition lies in fact in preventing behaviors that are capable of causing a dangerous situation in road traffic, inducing the driver to get distracted and not allowing him to have complete control of the moving vehicle.

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.

 

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.

ECJ

Hot off the press ECJ - Passenger rights in maritime transport
Judgment of 2 September 2021 in Case C-570/19 Irish Ferries

The Court of Justice clarifies a number of provisions of the regulation concerning passengers’ rights when travelling by sea and inland waterway. The re-routing and compensation obligations in the event of cancellation of a service are proportionate to the objective pursued by the regulation.

A request for a preliminary ruling was made in the course of proceedings between the company Irish Ferries Ltd (‘Irish Ferries’), an Irish shipping company, and the National Transport Authority (Ireland) (‘NTA’), concerning the application of Regulation No 1177/2010 1 to the cancellation of a season of sailings scheduled by Irish Ferries between Dublin (Ireland) and Cherbourg (France).

More information: https://curia.europa.eu/jcms/jcms/p1_3577306/de/

 

Switzerland: Parking aids can be used in 2021 without holding the steering wheel.

According to a modification coming into effect in Switzerland on the 1st of January 2021, drivers can take their hands off the steering wheel or, if the assistance system allows this, get out of their vehicle using the parking assistance system. However, they need to remain vigilant and have to be able to intervene at any time so that they retain control of their vehicle if necessary. The driver remains responsible for his vehicle (article 3, paragraph 3 of the modified Swiss Ordinance of Traffic Rules).

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.

Read more: https://www.germanwatch.org/sites/germanwatch.org/files/Hop%20on%20the%20Train.%20A%20Rail%20Renaissance%20for%20Europe_0.pdf

 

Road accident: culpability for the passenger wearing a bowl helmet
Decision of the Italian Court of Cassation of 5 March 2020, order no. 6161/2020.

For the Italian Supreme Court, the joint liability of the passenger exists when the use of a protective device prohibited by law is etiologically connected to the damage.

In the case under scrutiny, the use of a full-face helmet, as prescribed by law, would have excluded the facial trauma. Therefore, the use of a protective device prohibited by law involves the attribution of the concurrence of fault in causing the damage itself.

It should be noted that the passenger was wearing a bowl helmet (prohibited) and not a jet helmet (allowed).The most obvious differences are:

  • Bowl helmet - prohibited: covers only the top of the head, does not protect the ears, neck and face.
  • Open jet helmet - allowed: it covers the head, ears, neck, may have a visor, but does not have a chin guard (like the full face one).

The judge of appeal, therefore, identified a causal link between the use of the bowl helmet and the breaking of the five teeth, the jaw and other injuries.

In the present case, the culpable participation of the claimant in the cause of the accident was fixed at 50% of the damage.

 

Rented vehicle resold - it's your own fault

On 18 September 2020, the German High Court BGH announced its test drive decision.

The plaintiff is a car dealer that never saw an expensive camper van again after having given it to a supposedly interested buyer for a test drive. The alleged buyer had professionally presented falsified identity papers, so that the test drive took place briefly but unaccompanied - and he could then make off with the car.

A little later, he sold the car close to the market price to the defendant family, whom he deceived about his ownership status by using again high-quality forged vehicle documents. The dealer is now asking the family to hand over the car.

In its judgment, the BGH decided that the test drive does not constitute a property servant, but a property brokerage relationship (§ 868 BGB). The contract initiation intended with the test drive only relates to the vehicle and does not justify any further social dependency.

Because the test drive is based on a kind of loan agreement, the prospective buyer has a number of obligations regarding the vehicle, but is not subject to instructions like an employee of the car dealer. From a property law point of view, the dealer has to bear the risk of loss.

 

Rail suicide is a challenge for the society as a whole

About 5’000 people put an end to their lives with a rail suicide in Europe per year.

These desperate acts cause great suffering for the relatives, but also for the train drivers and many other people involved who find themselves in situations which are difficult to deal with.

Therefore, European railway companies decided to leave behind any fatalism towards the traumatizing reality and started to reduce such sad events by numerous measures as information campaigns, collaboration with charity and other organizations, training of railway employees, erecting barriers on certain “black spot” bridges and sections of track, presence during sensitive periods etc.

The rail industry can become this way influential in promoting suicide prevention in general.

Read more about two encouraging examples from UK and Switzerland what can be done specifically to prevent suffering:
https://lnkd.in/dfJHgAQ
https://lnkd.in/dsxmK4t

 

Road traffic injuries

According to World Health Organization and UNICEF, for children and young people, road traffic injuries represent the leading cause of death. Children accounted for 21% of all road traffic injury related deaths worldwide. According to data published by the University of Washington, almost 112,000 children under the age of 15 lost their lives in 2017.

There are many reasons for the deaths of over 300 children worldwide who lose their lives on the roads every day. A lack of experience, misjudgment of risks and a failure to pay attention on the part of the children play just as large a role here as the failure to pay the proper attention, excessive speeds and distraction on the part of other road users, to name just a few examples.

IETL corporate member DEKRA looks in its last European #Roadsafety Report of 2019 at what measures can be taken in terms of the human factor, vehicle technology and infrastructure in order to achieve a lasting improvement in road safety of under-15-year-olds and also aims to provide inspiration and advice – for politicians, traffic experts, manufacturers, associations and road users, especially the children themselves.

Read more:
https://lnkd.in/gHWvhDy
https://lnkd.in/deYUQSi

Spain is the first country in the world to make 30 km/h the default speed limit on urban roads

The Council of Ministers has approved a royal decree that modifies both the General Traffic Regulations and the General Vehicle Regulations regarding urban traffic regulatory measures. The purpose of these changes is to reduce the accident rate in urban areas while regulating the new emerging forms of citizen mobility.

The royal decree redefines the general speed limits on urban roads (article 50) based on their different classification:

  • On roads that have a single carriageway and sidewalk platform, the limit will be 20 km/h.
  • On roads with a single lane in each direction of traffic, the limit will be 30 km/h.
  • On roads with two or more lanes per direction of traffic, the limit will continue to be 50 km/h.

Towns and cities will have six months to implement the changes.

 

Switzerland: Parking aids can be used in 2021 without holding the steering wheel.

According to a modification coming into effect in Switzerland on the 1st of January 2021, drivers can take their hands off the steering wheel or, if the assistance system allows this, get out of their vehicle using the parking assistance system. However, they need to remain vigilant and have to be able to intervene at any time so that they retain control of their vehicle if necessary. The driver remains responsible for his vehicle (article 3, paragraph 3 of the modified Swiss Ordinance of Traffic Rules).

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:

Austria: https://www.austria.info/en/service-and-facts/coronavirus-information/entry-regulations

Belgium: https://travel.info-coronavirus.be/public-health-passenger-locator-form

Bulgaria: https://coronavirus.bg/bg/

Crotia: https://mup.gov.hr/uzg-covid/deutsch/286213

Cyprus: https://www.visitcyprus.com/index.php/en/cyprus-covid19-travel-protocol

Czech Republic: https://www.mvcr.cz/mvcren/article/coronavirus-information-of-moi.aspx

Denmark: https://um.dk/en/travel-and-residence/coronavirus-covid-19/

Estonia: https://www.visitestonia.com/de/uber-estland/coronavirus-and-travelling-to-estonia

Finland: https://www.visitfinland.com/article/practical-travel-information-for-travelers-to-finland-during-coronavirus-pandemic/#f5c91f76

France: https://www.diplomatie.gouv.fr/en/coming-to-france/coronavirus-advice-for-foreign-nationals-in-france/

Germany: https://www.auswaertiges-amt.de/en/einreiseundaufenthalt/coronavirus

Greece: https://gr.usembassy.gov/covid-19-information/

Hungary: http://abouthungary.hu/

Ireland: https://www.gov.ie/en/campaigns/75d92-covid-19-travel-advice/

Italy: http://www.salute.gov.it/portale/nuovocoronavirus/homeNuovoCoronavirus.jsp?lingua=english

Latvia: https://www.latvia.travel/en/article/covid-19-and-travelling-latvia

Lithuania: https://koronastop.lrv.lt/en/

Luxembourg: https://covid19.public.lu/en/travellers/visiting-luxembourg.html

Malta: https://www.visitmalta.com/en/covid-19

Netherlands: https://www.government.nl/topics/coronavirus-covid-19/tackling-new-coronavirus-in-the-netherlands/travel-and-holidays

Poland: https://www.gov.pl/web/coronavirus/travel

Portugal: https://www.visitportugal.com/en/content/covid-19-measures-implemented-portugal

Romania: https://chestionar.stsisp.ro/

Slovakia: https://korona.gov.sk/en/travelling-to-slovakia-and-covid19/

Slovenia: https://www.slovenia.info/en/plan-your-trip/all-you-need-to-know-for-a-healthy-and-safe-vacation-in-slovenia

Spain: https://www.mscbs.gob.es/

Sweden: https://visitsweden.com/about-sweden/information-for-travellers-corona-virus/

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.

 

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) 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) 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.

Read more: https://www.bag.bund.de/SharedDocs/Downloads/DE/Chefredaktion/Uebersicht_Ausnahmeregelungen_Covid19.pdf?__blob=publicationFile; https://unece.org/adr-multilateral-agreements

 

The Spanish Supreme Court establishes how to compensate a total loss when the value of the repair exceeds the market value of the vehicle

Judgment 420/2020 dated 07/14/2020 issued by the Civil Chamber of the Supreme Court establishes that when the repair of the damaged vehicle is higher than the market value of the car, the residual or the market value will be compensated plus a percentage amount, which has been called a surcharge, what means supplement for risk or confidence, and which, in the Spanish judicial practice, has been generalized with the expression of price or value of affection, which comprises the amount of administrative expenses, difficulties in finding a similar vehicle in the market, uncertainty about its operation, among other circumstances that may be weighed, which must be assessed by the bodies of instance in their specific evaluative function of the damage.

It is true that the repair may imply a certain advantage for the owner of the damaged vehicle, derived from the replacement of the old parts damaged by use with new ones in optimal conditions, but neither is the compensation of the injured person likely to be carried out in a mathematic way, so these benefits are tolerable and equitable.

 

Good news for all German owners of trailers

Since 17 July 2020, the previous liability of trailers is limited in Germany to a minimum. The accident damage usually pays the owner of the towing vehicle - as before a decision by the Federal Court of Justice (BGH) of 27 October 2010. Car trailers will no longer be liable if they drive in a set. According to information from the German Insurance Industry (GDV), this regulation will apply from 17 July 2020. This means that their motor vehicle liability insurance is entirely liable for the damage. The trailer is only liable if it acts to increase the risk. Previously, the insurer of the towing vehicle settled the damage to 100 percent and then took the trailer insurer half in recourse. For vehicles originating from abroad, recourse claims had to be enforced via the green card agreement. This led to significantly higher administrative and claims expenses. Above all, carriers had to accept significant increases in premiums, because according to the judgment of 2010, the trailer was always liable for 50 percent. The automobile industry and insurers have fought this massively since many years.

Read more: https://lnkd.in/dyp3jQw

 

New EU tyre labels will help EU consumers choose based on fuel efficiency, wet grip and noise level

The labels will include information on a scale from A to G (similar to the energy labelling used for household appliances), as well as information about their external noise level, expressed in decibels. Information on snow and ice grip can be added in the future, as well as information on mileage and abrasion (responsible for microplastic pollution).

Labels must be clearly visible to consumers, be on display in all situations where tyres are sold, including online, and should provide a QR code for easy scan.

Tyres account for between 20% and 30% of a vehicle’s fuel consumption, which means that choosing more fuel-efficient tyres can help to reduce transport emissions.

Hence, the new tyre labels will allow EU consumers not only to choose more fuel-efficient tyres and realize savings in terms of spending, but first of all road safety will be improved through better wet grip while information on noise levels help lower noise pollution caused by cars.

The European Parliament approved the new labelling scheme on 13 May 2020. The new rules will enter into force on 1 May 2021.

UN Charta on the Rights of Road Traffic Victims

UN Charta on the Rights of Road Traffic Victims

 

Introduction

On the occasion of poor interpersonal behavior 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.PrinciplesThe 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.

Conclusion 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

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