Regional Administrative Court of Lombardy annulled the provisions municipality of Milan which required buses and trucks to equip pedestrians and cyclists with warning devices in their blind spots in order to be able to move within zone B.
This is reported by Ansa, which recalls that the municipality’s measure was adopted after a series of fatal accidents in order to protect pedestrians and cyclists. The Regional Administrative Court of Lombardy therefore accepted the appeal of Assotir and Sistema Trasporti. Thus, trucks and buses are no longer required to have blind spot monitors.
According to the Regional Administrative Court of Lombardy, The municipality does not have the competence to regulate traffic from the point of view of public order and safety.. Powers that, however, belong exclusively to the state.
The Road Traffic Regulations have centralized the homologation and approval of both traffic control devices and ancillary mobility devices in central authorities, with choices free of obvious inconsistencies.
Regions can intervene in matters affecting public health, and municipalities can go so far as to establish restricted traffic zones in residential centers to prevent pollution and protect artistic, environmental and natural heritage. However, the TAR emphasized that in the case at hand, the devices requested by the municipality instead meet the needs of public order and safety.
In this case, it is clear that a device aimed at preventing accidents causing harm to pedestrians and cyclists meets the needs of public order and safety, completely unrelated to components affecting the environment and cultural heritage, but is instead intended to protect personal safety and ensuring security. prevent a number of crimes such as manslaughter and negligent injury.
However, the municipality of Milan did not intervene and intends to appeal to the Council of State. Arianna ChanceyMobility Advisor commented:
We believe this measure is necessary to protect cyclists and pedestrians, and to improve the safety of those increasingly using two wheels or walking.
Source: HD Motori
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