Citation

Schewe G, Schuster R, Englert L. Blutalkohol 1980; 17(5): 298-328.

Copyright

(Copyright © 1980, International Committee on Alcohol, Drugs and Traffic Safety and Bund gegen Alkohol und Drogen im Straßenverkehr, Publisher Steintor Verlag)

DOI

unavailable

PMID

unavailable

Abstract

On the basis of the test results it is hardly possible to maintain the juridical presumption that the performance requirements for bicycle riders and motor bike riders are similar. Already in the sober state, motor bike riders made more mistakes than the bicyclists. Likewise, the increase in the number of mistakes in the alcohol tests was markedly higher in the case of the motor-bike riders. During the bicycle tests, some of the subjects did not even show a decline in performance at blood-alcohol concentrations of around 1.3(per mille) in contrast to their performance in the sober state. Accordingly, the question of the 'marginal value of absolute lack of driving ability' in this concentration range should be assessed with caution in the case of bicycle riders. In the case of motor-bike riders, on the other hand, a considerable impairment of the ability to drive safely can be expected at blood-alcohol concentrations of around 1.3(per mille) with such regularity that it seems justified to draw the conclusion that an 'absolute lack of driving ability' exists at this concentration range. However, the final decision about whether this conclusion can be drawn must be left to juridical evaluation. In general, the bicycle as well as the motor-bike tests showed that distinct impairments of performance occurred already at blood-alcohol concentrations of around 0.8(per mille). They were even more pronounced at concentrations of around 1.3(per mille). Accordingly, it would be justified to introduce the concept that 'endangerment' exists already at blood-alcohol concentrations of around 0.8(per mille) for both types of vehicles. Without doubt, however, this would give a much greater latitude of evaluation than would be the case in a decision about the 'marginal value' of the 'absolute lack of driving ability'. Should one consider introducing the concept of 'endangerment' only to a limited extent, one would have to start from the premise that the degree of danger for motor-bike riders with blood-alcohol concentrations of around 0.8(per mille) is higher than that for bicycle riders with blood-alcohol concentrations of around 1.3(per mille) First and foremost, one would therefore have to think of introducing the concept of 'endangerment' for motor-bike riders with blood-alcohol concentration of more than 0.8(per mille). This means that the best approach would be to put motor-bike riders generally on a par with other motorists, both with regard to the question of 'absolute alcohol-induced lack of driving ability' and in view of the applicability of section 24a of the Road Traffic Act.