最高速限可佔用內車道,何必切回去 - 汽車
By Agatha
at 2023-03-25T11:43
at 2023-03-25T11:43
Table of Contents
關於「最高速限的前車有無讓出內線的法律義務」,結論是「沒有」;
之前這篇有整理QA:
https://www.ptt.cc/bbs/car/M.1679457637.A.CCE.html
但現在的爭論卡在法條裡「不堵塞行車之狀況」要怎麼解釋?
巡航派主張:前車已達最高速限,除非後車想違規超速,否則不會「堵塞後車」
讓道派主張:如果前車達最高速限就不算堵塞,「不堵塞行車」等於白寫,所以
反過來說,只要有後車逼近,前車就算「堵塞後車」,必須讓出內線
老實說,在前一篇整理QA時,之所以沒把「不堵塞行車」這題放進去,是因為
真沒想到連這段都有爭議。
先說結論,「不堵塞行車」不是要處理「前車有沒有擋住後車」的問題,而是處理
「萬一整體車況堵塞,無法以最高速限行駛時,還能不能開在內線」的問題。
也就是說,「堵塞行車」不是「行駛內線」的例外,而是「最高速行駛」的例外,
法條設置「於不堵塞行車的狀況」這個條件,是為了「允許當整體車況堵塞時,小車
可以不需要以最高速限行駛,仍然能開內線車道」,不是為了「要求最高速限的小車
只要擋住更快的後車,就要讓出內線」
道理很簡單,當整體車況堵塞,也就是大塞車時,不可能還浪費內線道不去舒緩車潮,
所以才在「要開內線必須最高速限」這個要求之外,開了「車況堵塞時不用最高速限」
這個例外,讓內線在整體車況堵塞時,發揮舒緩車潮的功能,而不專屬於「最高速限」
上述對「於不堵塞行車狀況」的解釋,請參考臺灣桃園地方法院111年度交字第355號
判決理由;臺灣新北地方法院111年度交字第700號判決理由也有類似見解。
如果把以上法院見解,結合主管機關之前「得以最高速限巡航內線,後車不能逼車」
的解釋,就更能確定「前車已達或超過最高速限,可以巡航內車道」才是「現行法」
的正確解釋。
至於現行法有沒有缺點、要不要修法,當然要看巡航派、讓道派哪一邊掌握多數民意,
進而影響立法者與主管機關。這就不是本篇能涵蓋的爭點範圍。
最後要註明的是,憲法保障言論自由、思想自由,所以讓道派可以不接受法院見解、
不認同主管機關解釋,但從「現實上有權解釋」所建構出的客觀法律秩序,目前看來
是偏向巡航派。
希望以上的整理,有助於釐清「不堵塞行車」所產生的爭議。
--
Tags:
汽車
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