2023 Author: Eric Donovan | [email protected]. Last modified: 2023-05-21 15:44
Automatic barriers do not have to have an emergency stop function for unauthorized vehicles. A warning sign in front of the bollard or the barrier is sufficient.
Automatically activated barriers such as barriers or bollards do not have to have an emergency stop function for unauthorized vehicles. This emerges from a judgment of the Saarland Higher Regional Court.
Compulsory insurance met
In the negotiated case, an automatically extending bollard damaged a driver's vehicle on a restricted-access road. The woman had thought the system was not in operation and had followed a vehicle in front without paying attention to the warning sign "drive individually". She then asked the operator of the plant to repair the damage.
According to the court, the operator has adequately met his duty to maintain safety by installing the sign. It is not necessary to construct the barrier system in such a way that the bollard is lowered again if a vehicle approaches without authorization. The motorist's claim for damages was therefore dismissed according to the German lawyer hotline. (Ref.: 4 U 54 / 11-16) (SP-X)
