First victory for associations fighting against this often illegal equipment: a speed bump will have to be destroyed in Ain.
We’ve been talking to you about it since the end of 2020: the fight against illegal speed bumps is getting organized. In fact, in 2018, an Auto Plus study showed that almost 40% of the 450,000 retarders installed by municipalities in France did not comply with the law. They are then too high, too steep, poorly maintained, or poorly marked, but remain installed, without consequences for the town halls.
Last December, three associations (the League for the Defense of Drivers, Pour une Mobilité serene et durable, and the Automobile-club des Avocats) met to initiate criminal proceedings against 250 municipalities. And, at the start of 2021, their work began to pay off: a first city was condemned by the Administrative Court of Appeal of Lyon, February 11.
A decision that could set a precedent
Attacked by the association Pour une Mobilité serene et durable (PuMSD), the municipality of Saint-Jean-Le-Vieux, in Ain, will have to destroy one of his speed bumps. Its defense, which was based on the use of a guide on speed bumps published by Cerema (The Center for Studies and Expertise on Risks, the Environment, Mobility and Planning), was therefore rejected. : this guide, which wants to requalify certain speed bumps, wide, in “raised plate”, cannot thus replace the law and the standards which it imposes.
A victory that may have wider repercussions, setting a precedent. The associations will therefore be able to attack other municipalities on this issue, with the assurance that their case is justified by a legal decision.
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