2023 Author: Eric Donovan | [email protected]. Last modified: 2023-05-21 15:44
Clearly from the outset by pure common sense: Overgrown marks do not set any rules, decided the judges in Hamm.
Traffic signs must be clearly visible. Otherwise they are ineffective. The Higher Regional Court (OLG) Hamm has set this out in a decision that has now been published. The decision was preceded by a case in which a taxi driver drove through a residential area at 70 km / h and was charged a heavy fine on charges of exceeding 40 km / h. The road traffic authority had set 100 euros for the violation alone. The taxi driver admitted 20 km / h too fast, the rest was incomprehensible to him. The solution to the riddle: He drove into a 30 km / h zone, but without seeing the corresponding traffic sign, which was completely overgrown.
Ineffective traffic signs
This is exactly what the judges gave him credit for. Traffic signs must be set up in such a way that a passing motorist can see them. If they can no longer be recognized, for example because they have completely faded, they are ineffective for those who are unfamiliar with the location. The person concerned can therefore not be accused of violating 40 km / h. The general limit of 50 km / h in urban areas applies to him (OLG Hamm, 3 RBs 336/09 // DAR 2011, 216 //). (mid)
