The Higher Administrative Court of North Rhine-Westphalia has now rejected the respondent's complaint against the decision of the Arnsberg Administrative Court of May 29, 2018.
The section of the L 707 state road between Herscheid-Reblin and Meinerzhagen was closed to motorcyclists.
The ban on motorcycles is illegal and the authority's discretion was incorrectly applied.
The district administration had ordered a route closure for motorcycles from April 1st to September 30th. The reasons given were noise pollution and protection of the population.
The Higher Administrative Court disagrees
A ban should only be ordered where this is absolutely necessary due to the special circumstances. In particular, restrictions and bans on flowing traffic may - subject to the exceptions not relevant here - only be ordered if, due to the special local conditions, there is a dangerous situation that poses a general risk of impairment.
OVG North Rhine-Westphalia, decision of June 6, 2019 - 8 B 821/18
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