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Holubová advokáti law firm achieved the lifting of a ban on cyclist entry in the Prague centre
Based on proposal of lawyer Štěpán Holub, the Municipal Court in Prague has cancelled a general measure issued by the Prague 1 City District Office, which introduced a ban on bicycle riding in pedestrian zones in the centre of Prague at Na Můstku street, Staroměstské náměstí, Náměstí Republiky and other Old Town streets from 10:00 a.m. to 5:00 p.m.
The decision of the Municipal Court in Prague is based on two spheres of faults commited by the District Office. Firstly, the District Office failed to settle all comments. These for example referred to the fact that the measure would have hand an impact on bicycle mobility not only in the pedestrian zones but also throughout the whole Prague due to an interruption of backbone urban cycling routes. Moreover, the District Office failed to address the line of reasoning regarding an inconvenient selection of diversion routes, which were also planned on tram lanes, e.g. through Vodičkova and Spálená streets or through Křižovnické náměstí with cobbled road surfaces suitable for mountain bikes only.
The District Office justified issuing the general measure by the necessity to eliminate hazard to pedestrians allegedly represented by cyclists. However, regarding the merits of the case, the court has concluded that instead of banning the entry of cyclists in the centre of Prague, it would have been more appropriate and reasonable to reasonably restrict the maximum cycling speed.
The Prague 1 District Office may lodge a cassation appeal against the judgement with the Supreme Administrative Court.
The winning judgement builds on success of Holubová advokáti from the end of May when the Supreme Administrative Court annulled the judgement of the Municipal Court in Prague, which upheld a similar general measure, specifically that of Prague 8 who decided to ban the so-called cycling two-way roads in the Prague District of Karlín – which has now been referred back and is pending a new Municipal Court’s decision.
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Martin Herna
Martin Herna
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Dietmar Repka
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