Report: German trials of LHVs are unlawful

22 Sep 2010. The nationwide trials of longer and heavier vehicles (LHVs), due to start in early 2011, are unlawful. That is the conclusion of a report from the German Institute for Urban Studies (Difu) that was commissioned by the German Association of Cities, the German Pro-Rail Alliance and the Association of German Transport Companies (VDV). “In our opinion the situation is unequivocal,” said the head of the Difu, Professor Klaus J. Beckmann, on Wednesday in Berlin. “The transport ministry cannot grant exemption permits to allow trials of LHVs to take place without the involvement of the Federal Parliament and the Federal Council.”

According to the Difu’s legal assessment, regulators defined the maximum length of a vehicle as 18.75 metres especially to protect all road users against the danger of very long vehicles. “The transport ministry cannot simply abrogate protection duties with a simple exemption provision,” explained Beckmann. “But this is precisely the case with the planned LHV test trials.” If the government wants to have run trials of LHVs there is only one option: it has to go through parliament. There has to be a legislative basis for the trials. “Having parliament look into the issue would also be in the interest of local communities and districts since it would ensure that their concerns are given proper consideration.” Beckmann compared the issue with new regulations on accompanied driving from the age of 17. “Legislation was also used to deal with this issue, not by coming up with exemption provisions.”

The exemption permits granted by individual federal states for their trials of mega trucks are also not covered by current legislation. According to the Difu’s assessment, these exemption permits can only be granted for special purposes such as transporting very long freight, for example wind turbines or silo components that for technical reasons cannot be divided into smaller units and for which there is no alternative means of transport. “French toast, flowers, clothing or mattresses on the other hand are not valid reasons for suspending legislation that is designed to ensure safety,” said the head of the Difu.

The managing director of the Pro-Rail Alliance, Dirk Flege, called on the transport ministry to immediately halt preparations for the trials. According to official announcements by the secretary of state in charge, Andreas Scheuer (CDU), as many as 400 transport companies in Germany have shown interest in participating in the trials. “We now know that there is no legal basis for any promises made to the transport companies,” said Flege. “If the transport ministry pushes ahead with its plans and simply defies the legal barriers, there will be massive protests and legal action as well.” Every single federal state and about a third of all members of parliament are entitled to take legal action.

“Considerable safety concerns” about the nationwide trials were voiced by Folkert Kiepe from the German Association of Cities. “Today they are saying ‘trials on motorways’, but it is only a question of time before these monsters begin to rumble through Germany’s towns and cities.” Kiepe pointed to Sweden where LHVs are now allowed to drive anywhere in the country, and warned the government against sacrificing road traffic safety to satisfy the interests of a few large transport companies.

Hans Steffan Kerth from the VDV pointed out that beyond the problems with safety, mega trucks will not even be able to use the roads without taxpayers having to pay out first. “Society will have to fund the infrastructure for mega trucks, leading to dumping prices and an attack on the environmentally friendly rail freight sector.”

The fact that the transport ministry is having to resort to questionable exemption provisions for its LHV project is possibly because it has no other choice. According to Pro-Rail Alliance information, there is currently no majority for nationwide trials of mega trucks in the Federal Council. Eight states have come out explicitly against participating in the national trials: Berlin, Bremen, Mecklenburg-Vorpommern, North-Rhine Westphalia, Rhineland-Palatinate, Saarland, Saxony-Anhalt and Thuringia. Only five states have declared themselves in favour of the trials: Bavaria, Baden-Württemberg, Lower Saxony, Schleswig Holstein and Saxony. Three states are undecided: Brandenburg, Hamburg and Hesse.

The Länder: for and against

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