The Council of State has established that municipalities can fine those who tie bicycles or motorcycles to poles, railings, gates or benches. A sentence that originates from an appeal presented by the FIAB of Cagliari against the municipal regulation which prohibits securing vehicles to infrastructures not intended for parking. Fines range from 75 to 800 euros, depending on the areas and the historical or artistic value of the area. The principle on which the decision is based is that of urban decorum, understood as protection of the dignity and harmony of public spaces.
Urban decorum wins over common sense
The sentence, formally impeccable, however sparked numerous controversies. Those who travel by bicycle report a paradox: sustainable mobility is promoted, but then those who practice it are punished. In Italian cities, racks are often insufficient, poorly positioned or in poor condition. Thus, the cyclist who ties his bike to a pole is not acting out of contempt for the rules, but to protect himself from the now rampant theft. Yet, with this decision, the alternative becomes almost surreal: either you risk a fine, or you risk losing your bike.
A sanction that divides and causes discussion
The expected fines – up to 800 euros – are considered by many to be disproportionate to the seriousness of the infringement. The Council of State rejected the objections of the FIAB, according to which the rule would have violated the principle of equality and introduced prohibitions not foreseen by the Highway Code. But the doubt remains that this is yet another disguised tax. For municipalities, in fact, sanctions represent a significant source of revenue, especially in times of precarious budgets.
Sustainable cities or cycle traps?
The bicycle, despite being recognized by the Code as a vehicle in all respects, does not enjoy infrastructures comparable to those intended for cars. Cyclists respect the same rules, but do not have the same parking rights. This disparity makes the urban life of those who cycle an obstacle course: between rigid rules, poor parking and exorbitant fines, the risk is discouraging those who try to make cities more livable and sustainable. The sentence, rather than an incentive to urban order, therefore seems to be a sign of mistrust towards soft mobility, a brake on those who really try to change direction.
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