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The Supreme Sevilla supports the ordinance that allows the bike to use pedestrian

The Supreme Sevilla supports the ordinance that allows to use pedestrian bike

http://www.elpais.com/articulo/espana/Supremo/avala/ordenanza/Sevilla/permite/bicis/usar/zonas/peatonales/elpepuespand/20101122elpepunac_23/Tes

The Court Supreme said Ordinance according to law Pedestrian Circulation Cyclists from Sevilla and allowing bicycles and pedestrian travel on closer, considering the appeal against the decision of the Consistory of TSJA which overturned several items related to it.

The Fourth Section of the Division of Administrative Litigation of the TS has annulled the sentence end 2008 of the Chamber of the Superior Court of Justice of Andalusia (TSJA), which partially upheld the appeal of a company and declared void four complete articles of the ordinance, part of two and paragraph of the annex that defines the pathways for cyclists signalized pedestrian areas.

In its ruling, which had access Efe, the Supreme Court stated that "the sentence should marry contested and state law set to" the agreement of the municipal plenary Sevilla on 21 September 2007 approved this ordinance.

To do this, understand that the provisions invalidated by the TSJA not violate the Traffic Act or the Rules of the road.

TSJA annulled

The articles and the Annex on "signposted cycle routes in pedestrian areas "to let riders," always respecting the priority "of pedestrian travel on pedestrian zones and transit areas shared" between them and bikes; circular counterclockwise exceptionally, and that may tie them to trees or street furniture elements.

In the latter case, the Seville city ordinance permits when there is no specific parking for bicycles at a radius of 50 meters or all seats are occupied, and "provided that this does not endanger the health of the tree, not preventing it is visible "or" obstruct vehicular traffic or pedestrians. "

Given the grounds of appeal which alleged the City Council concerning the characteristics of local ordinances with respect to the other rules of a regulatory nature, and their powers and local autonomy recognized concerning traffic management, the TS shares the view expressed at the failure TSJA that municipal competition depends on the Traffic Act and its regulations.

However, to cancel several articles of the ordinance and part of its annex on "signposted cycle routes in pedestrian zones" on the grounds that they "contradict" the definition of pedestrian area which includes the law, the Supreme Court argues that the sentence TSJA of the premise for "erroneous."

Thus, the TS says that "this provision" adopted "in response to the changes that have occurred in the city in terms of mobility with the implementation of bicycle lanes" and "had the intended to prevent possible tensions that may arise between users of the bike lanes and pedestrians, thus delimiting the rights and obligations of both. "

Considers that, in this way," the narrow lateral space or part of the sidewalks that were previously the exclusive use of pedestrians, so they can travel on a new bicycle corridor is not violated with this definition the pedestrian area.

The Supreme Court added that "although (the pedestrian) may be a bit small, mode any means they must share the passage of pedestrians and cyclists, and that this is set out in Articles canceled a specific area for the bicycle lane, which therefore necessarily longer pedestrian.