II nd Warsaw International Motor Insurance Forum 8/9 May 2008 Efforts to enhance road Safety in...

IInd Warsaw International Motor Insurance Forum 8/9 May 2008

Efforts to enhance road Safety

in Germany

Rechtsanwalt Paul Kuhn ADAC e.V. Legal Department Law of Damages and Insurance LawAm Westpark 881373 MünchenTel. 0049 (0)89 7676-6201Fax 0049 (0)89 7676-8201E-mail [email protected]


Introduction


Quelle: Eurostat - CARE 2006, Basis 2005, BG und RO 2004

0 - 60

61 - 90

91 - 120

121 - 150

> 150

Accident statistics from European countries

Number of road casualties per million inhabitants


Accident statistics from European countries

Number of road accidents per 1,000 inhabitants

Quelle: Kuratorium für Verkehrssicherheit KfV, Basis 2005

0 - 2

2 - 3

3 - 4

4 - 5

> 5


EU-Agenda 2010

Objective:

50% reduction of the number of road casualties in Europe from 50,000 (2001) to 25,000 (2010)


e-Safety Conference in Berlin 5/6 June 2007

Driver Assistance Systems (DAS) – conclusions

Definitions:

DAS are systems which support motorists in driving their vehicles.

DAS help with routine tasks and improve driver safety and convenience.

Principles of the Vienna Convention on Road Traffic of 8 November 1968 (Articles 8 and 13):

The driver of a vehicle is fully responsible for driving. In addition, the keeper is responsible under liability law


Unproblematic Driver Assistance Systems (DAS):

Systems which do not interfere with the full control of the vehicle by its driver:

Systems optimising functions and processes initiated by the driver (e.g. “Anti Lock Braking System, ABS”)

Systems limited to providing information or making recommendations (e.g. “Speed Alert”)

Systems the driver can override or pre-set (e.g. Cruise Control and Adaptive Cruise Control)

Also unproblematic:

Speed limiters for HGV Electronic Stability Control (ESC), automatic emergency

braking


Recommendation:

The development of DAS must ensure that drivers remain in full control of their vehicles.

There must be no DAS intervention against the driver’s will as long as the driver is able to drive.


Efforts in Germany

Federal Ministry of Transport/Federal States – plans:

Higher fines for speeders and tailgaters (end 2008)

Harsher sanctions for drink-driving or driving under the influence of intoxicating drugs

Stepped-up traffic checks


Other measures aiming at a reduction of the numberof accidents:

ESC in every vehicle – as ADAC has demanded (in 2006, 75% of all newly registered vehicles were equipped with ESC, most of which were large family, executive or luxury class vehicles with standard ESC)

Result:

By having the whole vehicle fleet equipped with ESC, 50% of single driver accidents involving severe injuries could be prevented


Introduction of supervised driving for 17-year-olds

Requirements for supervised driving:

driver must be at least 17 years of age

novice driver may drive only when accompanied by a person designated by name (supervisor)

prior to and during the trip, the supervisor functions only as the novice driver’s person of reference; at no point does the supervisor interfere with driving, for which the novice driver is the sole responsible

the supervisor must be at least 30 years old, must have held a B driving licence for at least five years and must not have more than three penalty point on his/her driving record at the time when the temporary licence is issued


Result:

Fewer accidents when novice driver holds a permanent licence

Zero alcohol for novice drivers (since 1 August 2007)

during the two-year probation or before completing 21 years of age

Objective:

€125 fine and two penalty points plus extended four-yearprobation is meant to discourage novice drivers from drink driving


ADAC efforts towards lowering the number of accidents

Driver Assistance Systems (DAS)

ADAC demands all new vehicles should be equipped with ESC

ADAC demands mandatory distance control in HGV

Objective:

Avoiding serious rear-end collisions


Driver Safety training

Opportunity for motorists to practice driving techniques

Objectives:

Help to handle critical situations better

Training of the correct reactions for an emergency

Teaching to use new technologies (“ESC”)

Drivers learn how to compensate their limitations in driving a vehicle


Car testing (including headrest and seat constructions)

Costs for whiplash injuries amount to about €10 billion p.a. throughout Europe (most frequent and most cost intensive injury in road traffic accidents)

There is no EU regulation for whiplash performance of car seats

ADAC: EuroNCAP test and assessment procedures used to evaluate the whiplash prevention performance of car seats

Objectives:

improved seat geometry to reduce cervical spine injuries vehicle testing according to EuroNCAP protocol reduce injury risk by fixing flaws revealed in testing


Children as road users (ADAC/FIA study The Protection of Children as road Users in Europe)

Objectives: Determine the general status of child road users Develop recommendations for improving the child safety in

road traffic

Method:Survey of 11 EU Member States and Switzerland

Findings (example: children using bicycles): Poland: cycling permit required (minimum 10 years of age) Slovenia: must be 14 years of age to use public roads

without a cycling permit Switzerland: pre-school children may use children’s bikes only


Conclusions:

To some extent, the safety and protection of children is ensured but there still remains much to be done

Country reports and statements of the expert panel illustrate the situation in the participating countries

Recommendations can help improve the situation of children in road traffic

Practical implementations of the study:

ADAC school bus check (August/September 2007) This real-life test revealed that travel conditions in school

buses are often deplorable ADAC demands more funding for school buses, a

reduced number of passengers per bus, better schedules, trained school bus attendants


Children as road users – dedicated events

“Achtung / Hallo Auto” (Watch out/hello car)

Objectives:

learning and using concepts such as braking distance, brake reaction distance and the resulting stopping distance

experiencing the protective potential of seatbelts

Target group:

5th grade pupils (the whole class)


Cycling tournaments

Objectives:

learning to handle a bicycle in critical situations getting used to certain important safety practices

Target group:

children ages 8 to 15


Parent education programme “Kind und Verkehr” (Children and road traffic)

Objective:

educating parents with a view to increasing the safetyof children as pedestrians, cyclists and car passengers

Target group:

parents of pre-school children


“Sicher im Auto” (Safe in the car)

Objective:

inform motorists on all relevant technical and legal aspects of securing children in cars

Target group:

parents of children up to approx. 7 years of age and any adults carrying children in their cars (grandparents,sports clubs, …)


Older road users – dedicated events

“Ältere aktive Kraftfahrer” (Older active motorists)

Objectives:

reviewing personal behaviour realistic evaluation of older motorists’ physical and

mental capabilities

“Ältere Menschen als Fußgänger im Straßenverkehr” (Older pedestrians)

Objective:

changing attitudes and behaviour by actively facing road traffic problems


Indirect effects on motor vehicle insurance

Reduced premiums for safety training participants ADAC AutoVersicherung AG

reduced premiums for novice drivers

reduced premiums for other motor policies


Reduced premiums for vehicles with low claims costs

As a premium calculation criterion, low claims costs improve type-classification Type-classification

third party type-classes 10 to 25

fully comprehensive type-classes 10 to 35

fire and theft type-classes 10 to 33


Outlook

Sinking/rising accident numbers (2006 compared with 2001)

France: 42% fewer accidents Portugal: 49% fewer accidents Germany: 23% fewer accidents Rising numbers in the new EU Member States

Problem

The current accident statistics suggest that the road safety requirements of the EU transport policy for 2010 will not be met


Action

Proposal for the improvement of road safety and infra-structure (European Road Safety Charter,http://europa.eu.int/comm/transport/roadsafety/charter.htm)

Objective: Ensuring high safety standards in all EU Member States

EU consultation on advanced safety features

The EU Commission called on all interested parties to offer their comments relating to advanced safety features such as e.g. Electronic Stability Control (ESC)

Objective: Legislation mandating standard ESC


Cross-border enforcement of traffic offences

Proposal for a Directive of the European Parliament and of the Council facilitating cross-border enforcement in the field of road safety, COM (2008) 151 (19 March 2008)

Enforcement notably of

Speed violations Drunk driving Red light and seatbelt violations

Objectives:

Lowering the number of road casualties Increasing road safety


Conclusions

EU initiatives can only be avoided if the EU Members

States are successful nationally in reducing the number

of accidents to an extent which signalises that the road

safety requirements of the EU transport policy for 2010

are likely to be met


The Protection of Child Road Users-Measures to reduce the number of accidents

Available from (German, English) :

Juristische Zentrale des ADAC

E-Mail:[email protected]


You are welcome anytime to see us at our head office in Munich

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