"80 KPH WHEN WET" - A LEGAL CONTROVERSY

"80 KM BEI NAESSE" - ZU EINER KONTROVERSE IN DER RECHTSPRECHUNG

TO PREVENT THE DANGER OF AQUAPLANING THE SUPPLEMENTARY SIGN "WHEN WET" MAY BE FITTED UNDER SIGN NO 274 (ALLOWABLE HIGHEST SPEED). IN LEGAL CIRCLES THERE IS NO UNITY AS TO WHETHER THIS SIGN IS LAWFUL. ONE VIEW IS THAT THE IDEA "WHEN WET" IS FAR TOO UNCERTAIN AND THE DETERMINATION UNCLEAR. THE OPPOSITE OPINION HOLDS THAT THE MEANING OF THE SUPPLEMENTARY SIGN IS AMPLY CLEAR AND UNAMBIGUOUS. THE AUTHOR ADVOCATES THE LATTER VIEW. THE CONCEPT "WET" IS A CURRENT WORD IN THE GERMAN LANGUAGE AND MEANS "MARKED DAMPNESS". IT MUST BE RECOGNISABLE EVEN WHEN ONLY A LITTLE WATER LAYER IS FORMED. SO FAR THE FEDERAL COURTS HAVE HAD TO MAKE NO DECISION.

Language

  • German

Media Info

  • Pagination: 238-9
  • Serial:

Subject/Index Terms

Filing Info

  • Accession Number: 01300542
  • Record Type: Publication
  • Source Agency: Bundesanstalt für Straßenwesen (BASt)
  • Files: ITRD
  • Created Date: Nov 21 2010 7:53AM