Proposition 55K0814

Projet de loi modifiant l'arrêté royal du 1er décembre 1975 portant règlement général sur la police de la circulation routière et de l'usage de la voie publique en ce qui concerne l'introduction d'un couloir de secours.

General information ¶

Author

Vooruit Joris Vandenbroucke

Submission date

Nov. 28, 2019

Official page

Visit

Status

Adopted

Requirement

Simple

Subjects

public safety road safety traffic regulations road traffic

Voting ¶

Voted to adopt

Groen CD&V Vooruit Ecolo LE PS | SP DéFI Open Vld N-VA LDD PVDA | PTB VB

Voted to reject

MR

Contact form ¶

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Discussion ¶

June 11, 2020 | Plenary session (Chamber of representatives)

Full source

I refer to the written report.

Mr. Vandenbroucke’s current bill addresses a very real problem. It ensures that in the case of file formation, drivers are obliged to create space anyway, creating a kind of rescue strip. This way, possible accidents are anticipated, with upcoming emergency services using the created rescue strip. In this way, they no longer lose time, because they no longer have to make a road between the stationary vehicles, as is the case today. We will fully support this bill, which addresses a real problem.

However, this bill cannot be separated from a separate bill concerning the flow of those priority vehicles. Both texts were formed on the basis of a ⁇ interesting hearing on this broad topic. None of the colleagues will possibly contradict me when I suggest that almost all the specialists who passed the review there have clearly demonstrated the link between the two texts, the one that prevails today and the other of my hand.

It actually comes down to the fact that one text cannot do without the other. Allow me to express it this way. The bill of colleague Vandenbroucke makes the road free, the own bill creates a legal basis for driving through it.

Ideally, as Flanders states in its opinion, both bills should be introduced jointly. However, since my own text had yet to be adapted to, among other things, the negative opinion of the Waals Region on the initial text, with an argument for which there is something to say, that would mean that the current bill proposed by colleague Vandenbroucke, which is already ready, could not be considered in plenary today. Therefore, I have no problem with supporting my colleague’s proposal today, despite the suggestion to introduce both texts together.

I would like to take this opportunity to inform all colleagues from our committee that the amendments that bring my own bill in line with the comments and opinions of the regions are almost ready. I would like to invite all members of the Commission to support it at the next meeting of the Commission on Mobility with Legislative Work, so that we can adopt, strengthen and introduce a two-layer text that we assume today. It would benefit road safety and a smooth and safe flow of the priority vehicles.

The present bill, which was submitted by Mr Vandenbroucke, is indeed intended to ensure, as Mr Raskin has already explained, that priority vehicles can reach the site faster by creating a kind of free job. This way, they can get faster in case of an accident, for example.

During the hearings, the various experts agreed that uncertainty and lack of good regulation regularly lead to arbitrariness and chaos. We’ve probably all experienced the way we hear the alarm signal from a priority vehicle on the runway and don’t immediately know how to respond best.

The experts also pointed out that the road code, which has been in force since 1975, is urgently needed to be updated. They suggested that it should be simplified and less prone to interpretation. I would like to take the opportunity to call on the next government to also do a real job of updating the road code so that it is adapted to today’s society and the public space is more equitably distributed among the different road users.

In an ideal scenario, we could already vote on such a road code today, but today the introduction of the rescue strip, such as the Rettungsgasse existing in Germany and Austria, is on the vote. The adjustment requires that from the moment of file formation, a free track is created, as cars deviate to the extreme side of their driving range. Abroad, it has been shown to be an efficient way to get priority vehicles on the spot faster.

It is important that with its application in the Belgian road code drivers are sensitized through campaigns, information videos and information boards along the road that indicate the correct modalities.

As in the committee, the Ecolo-Green Group will support the proposal, with the understanding that we believe it is not sufficient to simply inscribe the rescue strip in the road code, but that there is also work made of sufficient awareness.

Mr. Speaker, colleagues, the purpose of the current bill is ⁇ to be called noble and, as we have already indicated in the committee, is also supported by the Flemish Interest. Indeed, it is of great importance that an efficient system exists to enable priority vehicles to reach the place of an emergency as quickly as possible and, above all, as safely as possible. After all, every minute and maybe even every second can make a world of difference for a potential victim.

The current legislation provides for such a system. It regulates, by prescribing rules of conduct for the drivers of a car in the event of file formation, the creation of a rescue strip.

However, there is a small nuance associated with it. In our opinion, there is something missing in this bill, as we have already pointed out in the committee. There is a small deficiency. The regulations for motorcyclists are not being modified.

Article 16.2bis of the Royal Decree of 1 December 1975 concerning the general rules on the police of road traffic and of the use of the public road regulates specific provisions for motorcyclists in case of file formation. The Flemish Belang has therefore submitted amendments during the examination of this bill in the committee to also provide for an adaptation of the specific regulations for motorists.

We regret that the amendments we submitted, or rather the additions – we do not adjust the existing text, because it was totally okay for us, it is rather an addition –, did not find a majority in the voting in the committee. This gives motorcyclists a false signal, as if they are considered less important than motorists, while motorcyclists are more vulnerable in traffic; it is also simply not logical, since motorcyclists are just driving on the rescue strip created by the current legislative proposal. In this way, we also manifest the opinion of the Flemish Region, which emphasizes that it should also be determined how other road users should behave, besides us.

The purpose of the present bill is correct and is supported by us. However, it is our duty to establish good laws here in this House, to deliver correct, unambiguous and in this case fully legislative work. Let us do so in these. That is the duty of all of us as members of Parliament.

Therefore, today I again propose the addition of the adjustment of the regulation for motorcyclists by means of an amendment for voting. I hope and urge that the assessment of its content will be based on common sense and sense of responsibility, and that one may demonstrate some political courage by choosing to deliver full and sound legislative work by approving those amendments.

Mr. Speaker, colleagues, also our group will support the present bill to insert a rescue strip in the road code.

It is chosen to create preventive rescue lanes on roads with two or more lanes per driving direction, so that the emergency services always have a free passage when necessary. Starting maneuvering in a already formed file is much more difficult and increases the risk of small collisions. There have been some questions about this in the last few days. There are two roads in the same direction. There should be no misunderstanding about this.

As colleagues have already said, the idea of the rescue strip is very widely carried by the emergency services, such as the fire department and the ambulance. They already learn today in the training to drive through the rescue strip when there is a failure as a result of an incident. The benefits include more margin on both sides, more traffic overview, better visibility, easier communication with other road users, automatic speed control and so on.

The disadvantages of an accident strip are that it is cautious for the presence of debris, that the priority vehicles are often hidden behind trucks, that there are additional risks of rise and exit, that the accident strip is sometimes suddenly interrupted at the height of a bridge, that there is less good communication possible with the other road users and so on.

There are many disadvantages associated with the use of the accident strip and many advantages to the use of the rescue strip for the emergency services, so the conclusion is obvious. As colleague Vandenbroucke will make clear later, we see that the principle works and that it already exists in many European countries today.

Important here is, and colleague Buyst already insisted, that there is a good sensitization. Informative traffic signs, banners and the like will be needed to make it clear what is expected of road users.

It is therefore important that, after the adoption of this bill, effective efforts are made to inform and raise awareness of road users. The law will probably come into force during the full holiday period. Therefore, road users will need to be informed, but that must be possible.

Finally, the bill itself has no impact on the liability of priority vehicles. This was also clearly demonstrated in the hearings.

Another concern concerning the comments of colleague Raskin. I do not agree entirely that we could not approve this bill on our own and that it is inseparably linked to its bill. We look forward to the further discussion of this bill and the amendments. I suppose we can examine them the first day. We look forward to the continuation of this debate.

Everyone can imagine a road accident on the highway. A file is formed and the emergency services come with looming sirenes and blue swing lights to reach the place of the accident. Every second counts at such a moment, but the emergency services have to get through the file. Sometimes it can be through the pech strip, but sometimes there is no pech strip or it is obstructed.

The road code stipulates that as soon as the special sound device announces the approaching of a priority vehicle, the driver must immediately open the passage and give priority. How to do this is currently not mentioned anywhere. Therefore, if a priority vehicle comes into collision, drivers make manoeuvres in all possible directions, resulting in chaos. Of course, this is with the best intentions, but a clear path is not free for the priority vehicle. Crucial time is wasted unnecessarily, while every second counts at such a moment to save lives.

Open Vld will therefore support the proposal of colleague Vandenbroucke to introduce the rescue strip with great conviction. This proposal makes it very clear what every driver should do when a priority vehicle comes across a file: who drives on the left will drive on the left as much as possible, and everyone else will try to drive on the right as possible.

The rescue strip proves its usefulness in other countries every day, just look at Germany and Austria. It is important to note that this rule does not only apply if a priority vehicle comes into collision, because then it is often too late to perform large manoeuvres in a file. The rescue strip must therefore be formed as soon as there is file formation.

I sincerely hope that the proposal will be adopted today, but there is still a lot of work to be done, as colleague Buyst has already pointed out. Introducing a rule is one thing, making it work in practice is a very different thing. This will also require awareness, it will need to explain how it works and why we have introduced it. This is a task that the provinces will have to take on.

Thank you for the explanation of my bill and for the expressed support. I would like to give myself another explanation. There are, of course, situations where every second, every minute, counts to save human lives. This is ⁇ the case when police, firefighters and ambulances rush out and rush through the motorway to an incident to help people there.

Today we have two options. The first is the misfortune strip, but it is no longer there everywhere, it is often interrupted, for example by bridge pillars or by up-and-outs, or it lies seated with pieces. The other option is that the emergency services will wreck themselves through the traffic. The road code actually states that one is asked to sit when one hears the siren. But then it is often too late. People then start looking for a hole with a lot of stress in order to lose their car somewhere. This creates a lot of delay and chaos on the road.

I was inspired by what I experienced two summers ago on a South German motorway. Our proposal is inspired by practice abroad in Germany, Luxembourg and Austria. In those countries, drivers on the left lane will automatically drive as much as possible to the left and drivers on the other lane as much as possible to the right, so that there is always a rescue lane that priority vehicles can move smoothly and safely over.

I would also like to respond to some of the comments made. If the bill is approved, that will change the filer driving in our country. This will be the case in a few weeks when it is published in the Belgian Staatsblad. I contacted Vias about this and they assured me that by then it is perfectly possible to adequately inform the people about the new practice. I am also honestly confident that this will go fairly smoothly. You may have already had to do it in Austria, Luxembourg or Germany. I assume that this went without problems then, so why would it not be the case here?

I would like to address my colleagues of the Flemish Interest regarding their amendment. It is not that my bill changes anything to the law-Schouppe. That was never the intention either. Motorcyclists can continue to do what they have always done until today.

It is also unnecessary what you are now trying to write into the bill. Article 38 of the Road Code stipulates that a place must be cleaned immediately when the sound signal of a priority vehicle is heard. This remains unshorted in strength, even for motorcyclists who, for example, ride over the rescue strip during the ride.

There is no legal problem. The amendment is intended but unnecessary.

Colleagues, I would like to thank you for the positive cooperation and support for my bill.