Text file: 9441.txt
author: "Branko Poto\u010Dnik"
downvotes: 1
end consideration date: 2018-10-05
id: '9441'
number comments: 2
number views: 1538
proposal type: Competent authority response
response: "Response from the Ministry of Infrastructure\nAlready in 2007, the Ministry\
  \ responsible for transport, in response to observations that freight traffic was\
  \ increasing and that overtaking by freight vehicles was increasing, with the consequent\
  \ reduction in user safety, wrote to DARS d.d. asking the company to consider the\
  \ possibility and approach of introducing a ban on overtaking by freight vehicles.\
  \ In connection with this task, DARS d.d. has proposed a method of installing a\
  \ traffic sign prohibiting overtaking by goods vehicles (sign 2230), proposing criteria\
  \ as to where it should be installed, and that at certain points or sub-sections\
  \ (slow lane, Ljubljana ring, junctions on very busy sections) this restriction\
  \ should be disregarded, as it would only lead to more congestion at peak times.\
  \ Following the approval of the proposed criteria by the Ministry responsible for\
  \ transport, DARS d.d. prepared an order for the installation of traffic signals\
  \ on the motorways in Corridor 5 and implemented this installation in the summer\
  \ of 2007.\nSince August 2007, the newly built motorways have been put into traffic.\
  \ On the newly handed over sections, overtaking bans were implemented where the\
  \ road infrastructure required it (tunnels, viaducts, etc.) and additionally on\
  \ the entire A5 Pesnica - Pince (Prekmurje motorway), where signalling on the required\
  \ safety distance was also implemented. Other newly built motorways are not fully\
  \ equipped with overtaking bans because the traffic loads are not as high as the\
  \ criteria set. Following a request from hauliers, who had consistently opposed\
  \ this overtaking restriction, the Ministry responsible for transport additionally\
  \ instructed DARS d.d. in December 2007 to proceed with the procurement and implementation\
  \ of an amendment to the traffic signalling already in place by adding a time restriction\
  \ to the 2230 signs so that the restriction only applies during the periods from\
  \ 06.00 to 09.00 and from 14.00 to 17.00. The supplementary signs were erected in\
  \ March 2008.\nIn accordance with the agreement signed with the Chamber of Commerce,\
  \ the Chamber of Commerce and Industry and AZ in August 2009, DARS d.d. took care\
  \ of the installation of supplementary signs at the end of 2009 on the traffic signals\
  \ already in place, which prohibit overtaking on motorways only by goods vehicles\
  \ with a maximum permissible weight exceeding 7.5 t.\nThe fact is that overtaking\
  \ by goods vehicles cannot be banned altogether, as they are equal road users. The\
  \ principle of proportionality must always be taken into account in the application\
  \ of transport policy measures, and such a measure is certainly not acceptable from\
  \ the point of view of the principle of proportionality, since it would be a measure\
  \ which would be detrimental to the road transport industry or the economy, while\
  \ at the same time having a negligible effect in terms of increasing the level of\
  \ road safety on the motorways. Several years ago, the Ministry responsible for\
  \ transport already banned overtaking of goods vehicles over 7.5 t maximum permissible\
  \ weight on the busiest sections during the morning and afternoon rush hours, which\
  \ significantly improved the flow of traffic during rush hours. There are currently\
  \ no plans to extend the time period of the overtaking ban for goods vehicles with\
  \ a maximum permissible weight exceeding 7.5 t.\nOne of the fundamental duties of\
  \ the police is to control and regulate traffic on public and non-categorised roads\
  \ put into use for public transport (Article 4 of the Act on the Duties and Powers\
  \ of the Police). Article 13 of the Act on Road Traffic Rules (ZPrCP) stipulates\
  \ that police officers shall also control and regulate traffic on motorways and\
  \ expressways. In order to ensure safety, the police aim at a permanent presence\
  \ of police patrols on motorway links. As a result, police officers also control\
  \ freight traffic on a regular basis (by patrolling) or by carrying out enhanced\
  \ controls.\nMost controls are carried out by police officers as part of their regular\
  \ duties, but controls are also carried out on the basis of monthly and annual work\
  \ plans. In carrying out controls, the police cooperate with inspection services,\
  \ the FURS and the company Cestel d.o.o., which carries out vehicle weighing.\n\
  The biggest problem is still the lack of adequate traffic control points on motorways,\
  \ which is changing with the removal of the toll stations at the initiative of the\
  \ police, as DARS d.d. will maintain traffic control points at some locations.\n\
  In 2017, the police recorded 61,864 offences on motorways, of which 19,207 were\
  \ committed by lorry drivers. Among these infringements, the Police detected 1,326\
  \ infringements of improper overtaking of goods vehicles.\nDespite the shortage\
  \ of staff and the prioritisation of violations that cause traffic accidents, the\
  \ Police are already carrying out the necessary surveillance on motorways, as is\
  \ also evident from the statistics.\n "
response date: 2018-11-05
response due date: null
sent date: 2018-09-14
title: No overtaking for vehicles over 7.5 t
upvotes: 15
url: https://predlagam.vladi.si/predlog/9441
