More leeway for municipalities for bus lanes and cycle paths – but no license for 30 km/h zones. In essence, this provides for a reform of the Road Traffic Act. The cabinet passed a draft law by Transport Minister Volker Wissing on Wednesday. The FDP politician said in Berlin that the road traffic law should be modernized and expanded.

what it’s about

The Road Traffic Act is the basis for traffic law. Transport and environmental organizations have been calling for modernization for a long time – so that local communities can make more decisions and implement them, for cities that are more liveable and as a contribution to more climate protection in the transport sector that misses emission targets. In March, an alliance of associations called for the road traffic law to be developed from a “pure motor vehicle law from the days of the Kaiser” into a modern road traffic law for everyone.

In their coalition agreement at the end of 2021, the SPD, FDP and Greens had agreed that in future, in addition to fluidity and safety of traffic, the goals of climate and environmental protection, health and urban development should also be taken into account in the Road Traffic Act. Wissing is now implementing this requirement.

What the reform means

According to Wissing, states and municipalities should be able to react more quickly and flexibly to special local requirements in the future. A legal framework should be created to give the authorities new powers in the subordinate road traffic regulations. For example, authorities could “on a trial basis” order special lanes for certain climate-friendly forms of mobility, for example for electric or hydrogen-powered vehicles or vehicles occupied by several people.

There should also be more flexibility for municipalities to be able to order resident parking. It should also be easier to set up bus lanes and cycle paths. According to the ministry, authorities should in future be able to enact traffic control measures solely for reasons of climate protection, health and urban development. Tempo 30 regulations should also be made easier.

According to the ministry, this affects playgrounds, high-traffic school routes and pedestrian crossings – as well as sections of up to 500 meters between two 30 km/h routes so that traffic can flow better.

But: Tempo 30 zones should be proportionate, so Wissing. With a standard speed of 50 kilometers per hour, a reduction means that the state is intervening – and that has to be justified. The minister emphasized that in the future too, the arrangement of a 30 km/h zone should not impair safety and the flow of traffic.

According to Wissing, the “ease” of traffic can be limited by speed limits. It must be ensured that traffic flows and goods arrive in stores. And: There will be no nationwide Tempo 30 in cities.

How it goes on

In addition to the Bundestag, the Bundesrat must also agree. A draft to change the road traffic regulations should first be coordinated with the federal states. Wissing’s goal is for the change to be passed this year. The Greens are in government in many countries.

Green Group Vice Julia Verlinden spoke of a first step towards a turnaround in traffic law. “This will increase traffic safety, especially for children, families and older people, because there is more freedom of choice and room for maneuver locally, for example to set up cycle paths, zebra crossings or a 30 km/h speed limit.” Climate Protection Minister Robert Habeck (Greens) called the transport sector the most difficult area to achieve climate goals. A good step has been taken with the amendment to the Road Traffic Act.

Implementation in the road traffic regulations is particularly important. So far, many changes to the applicable requirements have failed in practice, for example to set up bus lanes, as the lawyer Roman Ringwald from the law firm Becker Büttner Held had said.

Janna Aljets from the Agora Verkehrswende think tank spoke of a solid foundation with a view to the federal government’s plans. “Anyone expecting car-free cities will be disappointed. It’s not an anti-car law.” However, the reform has the common good in mind. It can contribute to a social consensus because it promotes environmental protection and at the same time does not neglect the interests of drivers. However, Agora would like improvements, for example in digital parking space management and municipal scope for action.

Traffic expert Jens Hilgenberg said for the environmental association BUND that Wissing only wanted to implement the agreements from the coalition agreement as a “minimum solution”. Without significant improvements, the change in the law threatens to bring little change. “It’s about giving the municipalities the right to decide independently and unbureaucratically where a 30 km/h speed limit is appropriate.”