BRINEK: Cycle Lane becomes Obstacle Course

September 5, 2011
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TV programme 'Bürgeranwalt' (Citizens' Attorney) of 3 September 2011 with Ombudswoman Dr. Gertrude Brinek

 

Cycle Lane becomes Obstacle Course

For Mr. Nagl, resdident in Mannersdorf am Leithagebirge in Lower Austria, a bycicle ride ended up in the Regional Public Hospital of Mödling, after colliding with an iron bollard of 50 centimetres in height, which had been installed at the cycle lane of Mannerdorf. According to an official statement of the Mayor, this bollard is supposed to keep agricultural vehicles from using the cycle lane. The Mayor, respectively, the Municipality’s insurance company decline any liability and point to the fact, that Public Prosecution has already stayed their investigations.

Mr. Nagl reports that he rode with his lights switched on since it was already dark on the relevant summer evening but did not see the bollard at all. Drivers of a passing car called for an ambulance because his family had already gone ahead. In addition to a bleeding head wound Mr. Nagl had to be treated in hospital for a broken collar bone which still causes pain. 

Shortly after the accident, the Municipality equipped the bollards with reflectors but keeps denying the affected payments of compensation for injury. According to a written statement of the Mayor, there have never been any complaints or incidents before.

Ombudswomen Dr. Brinek elaborates, that the bollards serve the purpose of preventing heavy agricultural machinery from damaging the cycle lane. This original intention, however, ought not to contradict the primary purpose of ensuring the safety of the cyclists. Adds Brinek: “The configuration of bollards or safety poles must be in conformity with the road traffic regulations as there provided for in detail. The adjustments with reflectors represent a step in the right direction, but I am still not satisfied.”  

The Ombudswomen now expects the Municipality to approach the affected person with an offering: “Instead of blaming solely Mr. Nagl, the authorities should show their good will. Furthermore, it is essential, that the bollards be checked again and adjusted if necessary, in order to prevent further accidents.”