The Higher Administrative Court of North Rhine-Westphalia has now dismissed the defendant's appeal against the decision of the Arnsberg Administrative Court dated May 29, 2018.

The section of the L 707 state road between Herscheid-Reblin and Meinerzhagen was closed to motorcyclists.

The traffic ban for motorcycles is unlawful and the discretionary powers of the authorities were incorrectly applied.

The district administration had ordered a road closure for motorcycles from April 1 to September 30. The reasons given were noise pollution and protection of the population.

The Higher Administrative Court has a different opinion

A ban should only be imposed where this is absolutely necessary due to the particular circumstances. In particular, restrictions and bans on the flow of traffic may only be imposed - subject to the exceptions not relevant here - if the particular local circumstances give rise to a hazardous situation that exceeds the general risk of impairment.

OVG North Rhine-Westphalia, decision of 06.06.2019 - 8 B 821/18

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