While the effect of alcohol on the ability to drive can be measured, experts doubt the significance of the currently very low limit value for the active ingredient in cannabis, THC. Now the traffic court finds that the penalties for stoners behind the wheel are disproportionately strict.
The German Traffic Court Day has recommended to the legislature to increase the THC limit in road traffic. The committee in Goslar announced that the limit value currently used should be increased "appropriately". A specific number was not given. The current limit is one nanogram of THC per milliliter of blood serum.
In principle, the consumption of alcohol and cannabis when participating in road traffic should be separated from each other, explained the traffic court day. According to the current state of science, no comparable limit values could be set for cannabis in criminal and administrative offense law. The current limit value for cannabis is so low that it allows proof of consumption, but does not allow any conclusions to be drawn as to whether road safety is affected. In practice, this means that those affected are sanctioned "to an unreasonable extent" for whom a reduction in driving safety cannot be justified from a scientific point of view, the committee criticized.
In the past few days, an increase in the THC limit value had been discussed at the traffic court day. The committee's recommendations are often taken into account in politics when drafting new laws. In its coalition agreement, the traffic light coalition had agreed on the controlled sale of cannabis. So far, opinions have differed as to whether the TCH limit for driving should also be increased.
In addition, the traffic court recommended that e-scooters and other slow vehicles should be subject to strict liability. This type of vehicle, which can travel between six and 20 kilometers per hour, will be used more frequently in the future. In addition, the traffic space is narrow, so that their risk potential is high. Strict liability refers to behavior that is permissible but involves risk. This does not mean that you are at fault for an accident.
An exception to strict liability is no longer justified. The same should apply to agricultural and forestry motor vehicles as well as construction vehicles and other self-propelled machines that can drive a maximum of 20 kilometers per hour.
The committee also spoke out in favor of increasing safety for cycling. For this purpose, the traffic space must be redistributed in favor of the bicycle. In order to prevent dangerous behavior, the traffic court called for the regulatory authorities and the police to increase their staff. More driver safety training courses are to be offered to children and young people. The trade is called upon to motivate buyers of pedelecs to take part in training courses. In order to be legally classified as a bicycle, the dimensions and weights of pedelecs, cargo bikes and sidecars would also have to be limited.
