Demonstrations by bus drivers in Brest, a petition launched in the Var, the Minister of Transport at the time targeted… For several years, complaints have been increasing against municipalities regarding speed bumps deemed “illegal”, which would in particular exceed the regulatory height of 10 cm, causing accidents or damage to vehicles.
The problem could soon be resolved thanks to a court decision from the Marseille Administrative Court of Appeal rendered last week. 20 minutes make the point.
What is the problem ?
France has nearly 450,000 “speed bumps”, built with the aim of slowing down the speed of motorists, particularly in towns. According to several associations, 75% of these road developments are “illegal”, considered too “brutal” or even “too high”. Asked by TF1Jean-Christian Meslet, director of the Automobile Club du Midi, recalled: “We have to break the speed, that’s a certainty, but we have to do it correctly.”
Otherwise, speed bumps can cause accidents or damage vehicles, according to organizations engaged in a legal battle against these speed bumps for years. These are two associations, For Smooth and Sustainable Mobility (PUMSD) and the French Federation of Angry Bikers of Var (FFMC), which took legal action asking the Var department to “bring its speed bumps into compliance”.
What are the rules?
According to the law, the rules for installing a speed bump are numerous, such as not exceeding ten centimeters in height and four meters in length. They must be clearly signposted, be in 30 or 50 km/h zones and not outside built-up areas. It is prohibited to build such a development on roads where traffic exceeds 3,000 vehicles per day as well as on certain slopes.
What did the courts conclude?
The associations had their appeal rejected and appealed to the Court of Cassation, with the Council of State referring the case to the Marseille court. The Marseille Administrative Court of Appeal rendered its decision last week: many speed bumps are indeed “non-regulatory”, reports TF1.
The Administrative Court of Appeal of Marseille thus ruled that “all obstacles of this type are required to follow the provisions of the decree of May 27, 1994” [dont certaines des normes strictes ont été citées plus haut dans cet article]. The decision, which could set a precedent, and which includes “Berlin cushions” and “through plates”, applies “to all speed bumps or trapezoidal type speed reducers”.
“These rules are the only provisions of mandatory application with regard to local authorities or their public establishments which carry out or develop these works”, it is written in the judgment, relayed by national television.
What does that actually change?
This decision therefore applies to all future constructions of speed bumps. Municipalities will therefore no longer be able to install them without the strict application of this decree, established thirty years ago.
The Marseille Administrative Court of Appeal, however, did not order the destruction of the “illegal” speed bumps as requested by the associations.