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Legal assessment finds that minister's plans are unconstitutional
Legal assessment finds that minister's plans are unconstitutional
Trials of longer trucks require parliamentary approval
A longer, heavier vehicle blocks a junction in Stuttgart.
Berlin. In stark contrast with the federal transport ministry's plans, longer, heavier vehicles (LHVs) are not allowed on Germany's roads without the approval of the Federal Council, parliament's second chamber (Bundesrat). That is the verdict reached by Professor Ulrich Battis, an expert on constitutional matters, who has made a legal assessment of the plans on behalf of the German Pro-Rail Alliance and other organisations. "The federal transport ministry's draft exemption provision is quite clearly unconstitutional," said Ulrich Battis on Friday in Berlin. "Any innovations with such wide-ranging consequences, including trials of LHVs, can in no way be simply given the green light without the approval of the Federal Council. The current draft does not provide for an exemption from something; rather it creates something quite new," added Battis. In addition, the legal authority for substantial clauses of the exemption provision is lacking, making it imperative for parliament's first chamber, the Bundestag, to be involved in the process, in line with with similar changes such as a pilot project that allows 17-year olds to drive a car if they are accompanied.
"The assessment is a double blow for minister Ramsauer," said the managing director of the Pro-Rail Alliance, Dirk Flege. "The federal transport minister wants to push through trials of mega truck by violating the constitution on two points. As the legal assessment clearly shows, mega trucks will be required to stop by parliament and pick up approval from both the Bundestag and the Bundesrat." Flege appealed to Ramsauer to quickly withdraw his unconstitutional draft exemption provision. Otherwise the trials, which are scheduled to commence in this year, will be challenged in the courts. "Without a majority, Ramsauer is clearly afraid of sending his proposal to the Federal Council," added Flege. Neither would the people of this country agree with his approach, with the latest opinion poll by the Forsa Institute showing that 77 percent of Germans are opposed to longer and heavier vehicles.
The chairman of the rail and transport union EVG, Alexander Kirchner, gave a warning of the consequences for transport sector employees. "These so-called Gigaliners will increase the work-related stress on drivers because they are bigger and harder to control," criticised Kirchner. "Any increase in efficiency will be gained at the expense of the drivers." Although the current draft provision stipulates special training for drivers who are participating in the trials, this has very little to do with the reality of the day-to-day business of the transport industry, according to the EVG chairman. It is not particularly credible either, since the draft provision does not have a mechanism for excluding companies that violate the rules. The federal government is knowingly risking having "stressed-out drivers on the roads while quality railway jobs become ever less competitive."
According to the Association of German Transport Companies (VDV), the whole Gigaliner concept will negatively impact efforts to shift freight transport onto the railways, setting them back by years. "Because the 25-metre trucks will reduce the cost of road transport by around 30 percent, whole segments of the single wagon rail freight market will collapse," said the managing director of the VDV, Dr Martin Henke. The federal transport ministry has kept the public in the dark about what impact LHVs will have on rail freight transport. In Germany, single wagon transport makes up around 50 percent of the whole rail freight sector.
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