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Earth Transportation

German Cities Can Ban Diesel Cars, Court Rules (cnet.com) 119

A German court has ruled that cities in Germany are allowed to enact bans on diesel vehicles, Reuters reports. It's unlikely that bans will magically appear across the country overnight, but not everyone in the country is happy about this decision. From a report: Environmentalists might be happy about the possibility of banning some of the road's dirtiest cars, but owners and right-leaning groups are not. Reuters reports that some politicians believe this decision could disenfranchise a large swath of car owners across the country, many of whom likely can't afford to immediately replace a vehicle.
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German Cities Can Ban Diesel Cars, Court Rules

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  • by sinij ( 911942 ) on Tuesday February 27, 2018 @12:10PM (#56194745)
    The end goals of these bans is to force all-electric cars, then force everyone on public transit because owning an electric car is at this point harder than internal combustion one.

    It snows heavily for 4+ months of the year where I live. Yet, municipality is converting roads and parking spaces into bike lanes, that are unused and unusable a portion of the year due to snow. To me, this is politically driven insanity.
    • by Anonymous Coward

      how dare they spend money on snow removal equipment that's only used 4+ months of the year. It's a conspiracy, I tell you.

      • Re: (Score:1, Insightful)

        Paging Alex Jones!

        Four months out of the year for snow plows. Six months out of the year for bicycles. Nothing that goes outside here in the North can be used all year. It is not some giant conspiracy by automakers and politically correct people. It is sensible legislation.
        • Cars can go outside all year, unless you live farther south where 0.5cm of snow is a state of emergency.

          I live even farther up north where it is impossible to drive bikes all but about 3 months in the year and distances involved make it largely impractical except for semi-professional bikers. We still get them painted on the road even though they're largely used to allow cars to pass.

    • Re: (Score:1, Troll)

      by Brett Buck ( 811747 )

      The EU allows social engineering that would have made the Soviets blush? Color me surprised!

      • Re: (Score:3, Insightful)

        by jareth-0205 ( 525594 )

        The EU allows social engineering that would have made the Soviets blush? Color me surprised!

        I suppose you're all for burning coal to heat you house also? https://en.wikipedia.org/wiki/... [wikipedia.org]
        I have to breathe the air that your car expels. Air quality in big cities is awful but of course we can't do anything about that BECAUSE FREEDOM

        • That's fascinating. When various Euro-philes were lecturing us dumb ol 'mericans about how unsophisticated we were for not wanting those super-advanced clean diesels, you knew you were "right", too. We happened to notice that the rear end of every diesel Mercedes and Volkswagen were typically caked with soot, and decided to buy nice clean Hondas and a never-ending parade of Priuses. All without anyone "banning" anything.

          And in any case, why do you think the governments need to tell you

          • And in any case, why do you think the governments need to tell you not to crap up your own living spaces? Could you not figure it out yourself and adapt without compelling everyone else do to do the same by force of arms?

            The point is that diesel cars crap up other people's living spaces.

            Most of the time you're not operating your car on your own property. But, collectively, all of the diesel cars crap up all of the peoples' living spaces.

            Yes, you're right: if your crappy car only crapped up the place you lived yourself, there would be no problem with people rushing to get less-polluting cars without urging.

            • by sinij ( 911942 )

              The point is that diesel cars crap up other people's living spaces.

              This is an emotional knee-jerk (and diesel has PR problem). Modern internal combustion engines (diesel or otherwise) are not significant source of pollution when emission control equipment is functioning as intended.

            • That's the sort of reasoning I expected. Of course, only *you* are smart enough to figure it out and act accordingly, and *everybody else* is too stupid to figure it out, so you have to force them. Because *you know better*.

              You know what, no one restricts diesels in US cities, or anywhere else, and our monuments are not caked with diesel soot. They restricted themselves, because *people didn't want them*. And of course, the inexplicable situation of why a "clean diesel" managed to soot itself

    • by Anonymous Coward

      The end goals of these bans is to force all-electric cars, then force everyone on public transit because owning an electric car is at this point harder than internal combustion one.

      Tell you what, you can drive your highly polluting diesel if you ensure all of the exhaust goes into your own vehicle.

      It will be a self correcting problem.

      In the mean time, the rest of us have to breath the air and live in the same environment. It's not all about you. Your 'right' to drive a car is also constrained by how it im

    • Re: (Score:2, Interesting)

      by Ed Tice ( 3732157 )
      The first part of this is probably true and +1 Insightful. The res should be -1 Flamebait! Even without government intervention, the ICE is pretty much dead for private transportation. It's just a question of how much longer it can hold out. As vehicle-to-vehicle communication improves and autonomous driving takes hold, public transit as we know it may become outdated. Will be cheaper to give the poor a self-driving taxi voucher. I have no idea why so many people are emotionally attached to ICEs. I c
    • As somebody mentioned, Germany has civil law, so the judges merely interpreted existing law, which is exactly what they suppose to do. Nobody is banning diesel cars yet, and even if, for sure it would be consulted with the public - Germany officials are being elected.
      To be clear, if anyone asked, I would vote 'yes' - I much prefer to spend money on a new car then to treat cancer in the future.

      Not sure if anyone is actually reading '+1' posts, but I would like to propose a new score category: miss-informa
    • then force everyone on public transit because owning an electric car is at this point harder than internal combustion one.

      You don't live in Europe clearly.

      It snows heavily for 4+ months of the year where I live. Yet, municipality is converting roads and parking spaces into bike lanes, that are unused and unusable a portion of the year due to snow. To me, this is politically driven insanity.

      To me this is good enactment of policy designed to extend *your* life through pollution reduction and increased exercise. There's nothing stopping you from cycling in the snow. Get some decent tires a good jacket and go for it. According to you you'll have an entire lane to yourself.

      • by sinij ( 911942 ) on Tuesday February 27, 2018 @02:01PM (#56195639)

        There's nothing stopping you from cycling in the snow. Get some decent tires a good jacket and go for it. According to you you'll have an entire lane to yourself.

        There are many things that stopping me: a. lack of a death wish, b. aversion to misery, c. gainful employment with standards on tardiness and appearance.

        • There's nothing stopping you from cycling in the snow. Get some decent tires a good jacket and go for it. According to you you'll have an entire lane to yourself.

          There are many things that stopping me: a. lack of a death wish, b. aversion to misery, c. gainful employment with standards on tardiness and appearance.

          Well to address that:

          a. You just said you have your own bikelanes.
          b. Exercise releases endorphins. You should try it. Know what is miserable? Being stuck in traffic.
          c. I'm not sure why that is relevant. Cycle in your suit, it worked just fine when I didn't have a shower at work. ... which I do, so now I just get changed when I get to work. If you can't keep up appearance with a bicycle, you're doing it wrong.

          • by sinij ( 911942 )

            There are many things that stopping me: a. lack of a death wish, b. aversion to misery, c. gainful employment with standards on tardiness and appearance.

            Well to address that:

            a. You just said you have your own bikelanes.
            b. Exercise releases endorphins. You should try it. Know what is miserable? Being stuck in traffic.
            c. I'm not sure why that is relevant. Cycle in your suit, it worked just fine when I didn't have a shower at work. ... which I do, so now I just get changed when I get to work. If you can't keep up appearance with a bicycle, you're doing it wrong.

            It is easy to spot a demagogue when one argues that it is safe and desirable to ride a bike in the snow anywhere near traffic. Hitting ice on a bike is deadly - you can easily wipe and you can easily wipe right into road traffic that can't easily stop to avoid you, because there is ice on the road. Then there is slush that gets kicked up by your own wheels no matter what. Then there is frozen chunks of rock-hard compressed snow that you have to avoid.

            If where you live there is no winter, then riding year r

        • by mjwx ( 966435 )

          There's nothing stopping you from cycling in the snow. Get some decent tires a good jacket and go for it. According to you you'll have an entire lane to yourself.

          There are many things that stopping me: a. lack of a death wish, b. aversion to misery, c. gainful employment with standards on tardiness and appearance.

          d. I work hard enough that I can afford a car.

    • by AmiMoJo ( 196126 )

      EVs are better in the cold weather than fossil cars. No issues getting them started in the cold, ready supply of energy everywhere, low centre of gravity and great performance on snow and ice...

      Look at Norway as a great example of how they are extremely practical in a country where it snows heavily for many months of the year (in the north it's more than 4), yet EVs have proven extremely suitable and proven their many advantages in cold weather.

      • EVs are better in the cold weather than fossil cars.

        Huh???

        Diesels are lousy when they're cold. Most of the pollution from a diesel engine comes from the few minutes when it's warming up.

        In fact, one of the factors of the diesel scandal was that the manufacturers shut down the pollution controls when it got cold. https://www.envirotech-online.... [envirotech-online.com]
        http://www.bbc.com/news/busine... [bbc.com]

        Gasoline cars aren't great when they're cold, either.

      • by sinij ( 911942 )

        EVs are better in the cold weather than fossil cars.

        You forgot that a) heating interior takes a lot of energy, and unlike ICE you can't use waste combustion heat b) batteries lose charge when cold, and/or must be heated to operate. a+b means that you electric range was just taken out behind a shed and shot.

        • I can vouch for this personally.

          Last year I bought a Ford Fusion plug-in hybrid. During the summer, it was great. Roughly 20 miles of range on electricity, and roughly 35 mpg for longer distances. The sweet spot seems to be between 65 and 80 degrees. At roughly 100 degrees, the car will run the gasoline engine to climate control the battery pack. At less than 40 degrees, the electric range ends up being about half. Below roughly 20 degrees, and the car will use the gasoline engine to run climate control i

    • Usually you can bike in snow just fine.
      What special kind of snow do you have at your place?

    • by Misagon ( 1135 )

      I live in Northern Europe where we have a lot of snow parts of the year and where many medium-sized streets have bike lanes on the pavements.
      If it has snowed so much that you can't ride a bike then it is enough that that snow must be plowed away for cars and pedestrians. That snow is usually shuffled to the sides of the road, up onto the walking lane on the pavement. The bike-lanes are turned into lanes for walking and the width of the car lanes remains unchanged.

      So... If there hadn't been any bike lanes th

    • Well, when the status quo is insane, and doing something about it is also insane, expect insanity.

    • Ah the old arsehole lanes, cyclists can't use them because there's always some arsehole driving their car, parking their car, opening their car door or otherwise making it unsafe to cycle in anyway.
    • by AHuxley ( 892839 )
      It will be electric pods with German regulations.
      Want to "drive" out to a protest event? No "car" for that activity on that day.
    • owning an electric car is at this point harder than internal combustion one.

      Not by much; it costs more up front (but less in the long run), and recharge stations are not yet as common as gas stations.

      This can quickly change...

  • by PPH ( 736903 ) on Tuesday February 27, 2018 @12:14PM (#56194779)

    No food for you!

  • by Solandri ( 704621 ) on Tuesday February 27, 2018 @12:17PM (#56194807)
    Germany has a civil law [wikipedia.org] system. Judges merely interpret the law as written, they do not set precedents. Unless there's some German national law specifically prohibiting the banning of previously sold products, there's not much a German judge can do to block a legislature from passing such a ban - the legislative body holds ultimate power. It's not like a common law system where previous court decisions about ownership rights, resale rights, and prohibitions on ex-post facto laws would come into play because they're similar, even if they didn't specifically mention banning a previously sold product.
  • by b0bby ( 201198 ) on Tuesday February 27, 2018 @12:19PM (#56194821)

    It would seem likely that any bans could easily be phased in with warnings - for example, this small area will be off limits next year, a larger area the year after, etc.

    This would give most people who both need to drive in those areas and have a diesel to try to sell/exchange their car. I realize that this would probably cause problems for some people, but so does nitrogen oxide which seems to be over the EU limits in a bunch of urban areas in Germany.

    • by AmiMoJo ( 196126 )

      The best option would be for the national government to do a scrappage scheme where you get a tax break on a new vehicle if you trade in an old diesel. Typically the government offers a tax break and the manufacturer has to chip in a bit too (which is made up for by increased sales).

      • Typically the government offers a tax break and the manufacturer has to chip in a bit too (which is made up for by increased sales).

        Yeah, but who pays the government . . . ? Oh, the taxpayers. So all the taxpayer get stuck with the bill for this mess, instead of just the diesel owners.

        The German auto manufacturers would like to offer conversion kits . . . which would make existing diesels cleaner . . . for the amazing low price of ~1,500€. They did the same trick years ago with catalytic converters. They refused to build cars with them standard and made them unbelievably expensive as an option . . . even when all the cars Germ

    • This would give most people who both need to drive in those areas and have a diesel to try to sell/exchange their car.

      On the German TV news tonight, they showed an open used car market . . . there were no diesels offered there.

      The owner of the market quipped nicely, "You can't give away a diesel right now."

      For folks who spent 20,000€ last year for a new diesel . . . oops . . . tough luck . . . the value of your one year old car is now 0.0€.

      About ~140 million people own diesel passenger cars in Germany. Forget a Bitcoin crash . . . that's a lot of wealth knocked off right there.

      I don't know if there are ~140

      • by ffkom ( 3519199 )
        Germany's population is ~80 million, and while some might own more than one Diesel fueled car, most own zero of them.
  • Morons (Score:4, Insightful)

    by bill_mcgonigle ( 4333 ) * on Tuesday February 27, 2018 @12:21PM (#56194835) Homepage Journal

    Building a new car is more polluting than the running an old car, and the economic activity required to afford that new car also burns more energy, with its pollution, than the car will save.

    Cars will move to electrics pretty soon now - as the old fleet ages out the electric replacements will be too cost-effective to not buy - only gearheads will still want liquid fuel vehicles.

    But in the meantime, some wealthy politicians and their wealthy friends can ban the cars that their staff people drive (because the wealthy people don't pay them enough) so that they don't have to breathe their "poor-people" pollution. The politicians will hide behind the fig leaf of environmentalism because just enough people aren't educated enough to call them on their ruling-class bullshit.

    • wealthy politicians and their wealthy friends

                We used to call them "Commissars" back in the olden times - from 25 years ago. Interestingly, a fair number of these new "administrators" come from the former wrong side of the Iron Curtain.

          Just a coincidence, surely.

    • Building a new car is more polluting than the running an old car

      In total? Mostly true. Inside the city limits? Not so much. People who live in the city have to breathe the air and limiting the amount of pollution that they're allowed to emit into the air that everyone has to breathe will improve the air quality for everyone. It may increase pollution where the cars are made, but that's a separate regulatory issue.

    • Re:Morons (Score:4, Insightful)

      by thegarbz ( 1787294 ) on Tuesday February 27, 2018 @01:10PM (#56195203)

      Building a new car is more polluting than the running an old car

      Polluting where? Building a new car doesn't cause NOx and particulate matter to be spewed into the middle of a dense population centre. Oh and the construction and assembly of a car accounts for less than 15% of the emissions over a 5 year life. It gets paid back very quickly.

      No your black smoke belching beater is not doing yourself, the environment, or anyone around you any favours.

    • This was in response to VW faking their exhaust emissions. These cities were wondering where all the pollution was coming from, since all the cars tested clean. Now they know that they all fail emission standards. The only way to solve the problem is ban the cars. The owners need to sue VW.
      • Note that virtually all manufacturer cheated the tests. Most did so using loopholes they can just about defend legally; VW cheated using illegal methods (which is why they need to pay for it now). The end result is the same though: under many circumstances, the exhaust gas treatment is turned off and nitric oxide/dioxide levels go through the roof. This is especially the case when it is "cold" (often defined as less than 15C...).
      • by mjwx ( 966435 )

        This was in response to VW faking their exhaust emissions. These cities were wondering where all the pollution was coming from, since all the cars tested clean. Now they know that they all fail emission standards. The only way to solve the problem is ban the cars. The owners need to sue VW.

        Although that's a serious issue, this is more in response to increasing pollution in urban centres in Germany. A lot of this pollution comes from older (pre-Euro5) automobiles. Euro5 was introduced in 2011, so they're targetting cars older than 7 years. The cheating VW cars could meet Euro5 but not Euro6 so even then, this isn't even going to affect them until 2020 when it changes to all pre-Euro6 vehicles. VW really got off with a slap on the wrist in Germany for Dieselgate.

  • Good ruling (Score:2, Insightful)

    by Anonymous Coward

    Your right to pollute ends at the tip of my nose. If you want to drive a POS that generates choking, unhealthy pollution, move to a city or country that is willing to tolerate it. I'm not, and many like me are not.

    • Totally agree. I think the point that diesel car owners are owed is a predictable regulatory regime where rules are announced and finalized in advance so they can plan accordingly.

      The right of counties/cities to make rules is distinct from saying that they can change them on a whim.

  • It'd be a financial disaster at least for owners to simply ban diesel vehicles outright; first, ban the sale of diesel vehicles (new and used). After 10 years or so, then you can consider banning outright (maybe allow permitting for "historic" vehicles).
    • by ffkom ( 3519199 )
      Banning sales doesn't change emissions _now_. And years have already passed since the cities took notice about the legal thresholds of NOx being exceeded, to the extent that now the EU is demanding fines from the German government for not taking action (for years).
      Really, the government totally screwed up on this, driving themselves into a dead-end where only drastic measures will help.
  • The beginning of the end. Diesel - born in Germany, banned in Germany.

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