German Court Rules Against Bans on Cycling and E-Scooter Use for Intoxicated Riders
The North Rhine-Westphalia Higher Administrative Court determined that such bans lack legal basis and disproportionately restrict personal mobility.
- The North Rhine-Westphalia Higher Administrative Court ruled that intoxicated individuals caught riding bicycles or e-scooters cannot be banned from using these vehicles in the future.
- The court found that the current legal framework, the Driver's License Ordinance, does not provide sufficient grounds for prohibiting the use of license-free vehicles such as bicycles or e-scooters.
- The decision emphasized that such bans infringe on the constitutionally protected right to personal mobility and are not proportional, as these vehicles are generally less dangerous than motor vehicles.
- The ruling aligns with similar decisions from courts in Bavaria and Rhineland-Palatinate, indicating a broader judicial consensus on the issue.
- While the main legal cases are still pending in lower courts, the Higher Administrative Court's decision suggests it is unlikely to change its stance in future rulings.