A forest of signs without a legal basis, an unjustified ban on cycling despite a “seized” right of way and pretended fears of liability on the part of the landowner – these are the allegations that a group around the Waidhofner lawyer Peter Ozlberger raises against the owner of the Sixmühle, Alfred Höfinger.
With the cycling ban, Höfinger would prohibit Waidhofner and Kleineberhartser citizens from using the shortest route between the two places, although this had not bothered anyone for decades.
“Since the Thayarunde cycle path existed, cycle traffic on the Sixmühlenweg has increased enormously.” Alfred Höfinger, landowner, on the increased bicycle traffic
As reported in the NÖN, the prohibition signs on Sixmühlenweg caused annoyance and annoyance among hikers and cyclists in the past:
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End of 2019: Ban on passage caused a riot
It all began at the end of 2019 when Höfinger put up signs prohibiting the passage and driving through the section of the path that is in his private ownership.
Shortly before the lockdown in March, there was a traffic negotiation between the landowner, the municipality and the district administration, during which it was made clear that walking through is still allowed, as the path is part of a hiking trail network of the Alpine Association.
However, cycling was forbidden due to the narrow path at the “Paulstein”. A step that Peter Ozlberger and his wife Elisabeth did not want to accept: “Since a seized right of way can be lost if it is not exercised, the route was still used for cycling,” emphasizes Ozlberger.
The signs put up by the municipality and Höfinger were put up without any legal basis, a sign “Driving ban for two-lane vehicles and bicycles” should not be on private property at all, according to the road traffic regulations, complained Ozlberger during a local inspection.
Lawyer sued for trespassing property
He let it depend and was stopped by Höfinger on a bike trip together with his wife and Andrea Röglsperger. Talks had not been fruitful, as a result of which the three cyclists were prosecuted by Höfinger with property damage lawsuits.
“We have collected evidence of the seized right of way and can present a list of signatures with now more than 270 people from Kleineberharts, Vestenötting, Jarolden, Altwaidhofen and Waidhofen, which confirm the use of the Sixmühlenweg for walking and cycling for decades”, explains Ozlberger.
Claim in court rejected
All claims were dismissed in court. “Höfinger said that he didn’t feel disturbed by us, but only by the generally increasing frequency of cyclists on the way,” says Ozlberger.
The ruling of the court is not yet legally binding, but it would mean that the defendants can now also use the path by bike.
“But it is not enough if we are allowed to. We want the situation to be clarified for all citizens, ”emphasizes Ozlberger. To the effect that cycling is allowed again.
Landowner fears liability in the event of an accident
Alfred Höfinger sees things differently, of course. “Since the Thayarunde cycle path existed, cycle traffic on the Sixmühlenweg has increased enormously. Because the path is less than a meter wide and completely confusing in some places, pedestrians and cyclists can encounter accidents. As landowners, however, we are liable in the event of accidents, ”Höfinger points out.
Again and again he had to remove fallen trees from the path. If there is an accident, he sees himself in danger of “remaining” as a landowner. Therefore, Höfinger does not want to use it at your own risk or similar wording. In addition, the path is simply not suitable as an official cycle path, it is only a matter of time before an accident occurs.
The problem is not the Kleineberhartser, who use the route as the shortest route. “I know all of them anyway, I’ve never stopped anyone. I’m interested in cycling tourists and mountain bikers, ”Höfinger clarifies.
Mayor Robert Altschach also sees the path as unsuitable for bicycle traffic. With the Thaya round there would be an obvious alternative that would also be safer. “Even if you disregard the narrow point at Paulstein, you still have to cross the B5 if you want to go to Waidhofen. The cars pass by at 100 km / h, while you can safely cross the B5 over the bridge on the bike path ”, Altschach expresses his concerns.
Municipality should now clarify traffic needs
The ball is now, as both Ozlberger and Höfinger confirm, with the municipality of Waidhofen. You must check whether there is a need for traffic on Sixmühlenweg and then classify the route accordingly. If the need for use by cyclists were recognized, the municipality would be responsible for the route.
Höfinger himself submitted a corresponding application under the Lower Austrian Roads Act. However, Altschach is of the opinion that this need is not given in view of the Thaya round.
With regard to the signage, Höfinger has meanwhile restored the condition to the correct conditions.
