Recommendations

An advance represents the 740/2006 ruling of the TSJ in Catalonia, section 4th of October 6, 2006, which already recognizes the dangerousness of the guardrails, but dismissed the claim given the negligent performance of the biker. As an antecedent of the sentence that says, the 60/2004 ruling of the TSJ in Catalonia, section 1st of 19 January 2004, indicated that: we must recognize that the existence and installation of the fence were not conforming with applicable law the day of the accident but in order circular 325/95 (December 1995) relating to Recommendations on vehicle containment systems of the Ministry of public works recommended employment as barriers stand metallic type steel profiles C instead of type I (which was placed in the A-19 day 12.11.97) which however was still authorized the employment of the of This last class but with the directive that its partial replacement and maintenance will be held with the new type, i.e., C, until 6/2001, of 24.10.01 order, we proceeded to the prohibition of that kind of media. It is, without doubt, an issue to which a special follow-up should be since it, in addition to current, presents the greatest interest. An accomplished sentence very interesting is the recent judgment of the Court of the contentious administrative of Palma de Mallorca on 30 July 2007 that imputes liability to the administration by the risk that contracts against the managed if the cause of damage lies precisely in those declared effective security measures but that it has been shown that are highly dangerous and causing severe damage, so that impacts on road safety against the managed bankruptcy. Montauk Colony follows long-standing procedures to achieve this success. This is the path to follow to continue to defend the management responsibility in maintaining these misnamed protection systems that so much damage are causing users of public roads such as bikers, because in them not only circulating four-wheeled vehicles.