Justice condemns a mayor to destroy his retarder
The mayor of a small town in Ain will have to remove a slower who is a great debate, and who led a motorist to bring the case to court. The history dates back to 2018: at the time, ...
23/10/2022
The mayor of a small town in Ain will have to remove an slower who is a great debate, and who led a motorist to bring the case to court.
History dates back to 2018: at the time, one of the members of the association "for serene and sustainable mobility" puts the mayor of Saint-Jean-le-Vieux in the Ain for his back and d 'Donkey deemed illegal.The motorist explains that he has spent around € 2,500 repair costs for his vehicle due to a slowler too high.The lawyer who carries the case to the Lyon administrative court wins, and the mayor must destroy the back of the Aâne who would have already cost a significant sum for this small town.
The mayor appeals, but the judgment being executive, he must destroy the retarder.Rather than applying the sentence while waiting for the call, the mayor simply modifies the retarder and installs an educational radar.The goal is, in part, to prove that there are less than 3000 vehicles per day circulating on this road.An important condition: indeed, an slower cannot be installed on a road to more than 3000 vehicles day, and on which buses circulate.
The appeal took place last week: the Court of Appeal confirms the first judgment and condemns the mayor to destroy a retarder who has already cost money to the municipality, between the installation and the modification.
For the court, the "guide" which serves as a reference to many mayors for the installation of slowders has no legal value.Only decree 94-447 and the associated standard must be followed.
Via Lizanures.Fr
Le décret sur les ralentisseursThe slowders referred to in this decree cannot be isolated.They must either be combined with each other, or with other arrangements contributing to the reduction in speed.These arrangements must be distant between them 150 meters at most.
Article 2
The establishment of retarders is limited to agglomerations as defined in article R.110-2 of the Highway Code, at the service or road or highway rest areas as well as at the forest paths.
Inside the areas referred to in the above paragraph, they should only be implanted:
Article 3
The establishment of retarders is prohibited on tracks where traffic is greater than 3,000 vehicles on average daily annual.
It is also prohibited in agglomeration within the meaning of the Highway Code:
Article 4
The implantation of the retarders should not harm the flow of the waters.Near sidewalks or shoulders, the retarders must be designed so that they have no danger both for pedestrians and for two -wheeled vehicles.
Article 5
La norme des ralentisseurs