Assured Clear Distance Ahead in the context of "Richtgeschwindigkeit"

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⭐ Core Definition: Assured Clear Distance Ahead

In legal terminology, the assured clear distance ahead (ACDA) is the distance ahead of any terrestrial locomotive device such as a land vehicle, typically an automobile, or watercraft, within which they should be able to bring the device to a halt. It is one of the most fundamental principles governing ordinary care and the duty of care for all methods of conveyance, and is frequently used to determine if a driver is in proper control and is a nearly universally implicit consideration in vehicular accident liability. The rule is a precautionary trivial burden required to avert the great probable gravity of precious life loss and momentous damage. Satisfying the ACDA rule is necessary but not sufficient to comply with the more generalized basic speed law, and accordingly, it may be used as both a layman's criterion and judicial test for courts to use in determining if a particular speed is negligent, but not to prove it is safe. As a spatial standard of care, it also serves as required explicit and fair notice of prohibited conduct so unsafe speed laws are not void for vagueness. The concept has transcended into accident reconstruction and engineering.

This distance is typically both determined and constrained by the proximate edge of clear visibility, but it may be attenuated to a margin of which beyond hazards may reasonably be expected to spontaneously appear. The rule is the specific spatial case of the common law basic speed rule, and an application of volenti non fit injuria. The two-second rule may be the limiting factor governing the ACDA, when the speed of forward traffic is what limits the basic safe speed, and a primary hazard of collision could result from following any closer.

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👉 Assured Clear Distance Ahead in the context of Richtgeschwindigkeit

An advisory speed limit is a speed recommendation by a governing body, used when it may be non-obvious to the driver that the safe speed is below the legal speed. It is a posting which either approximates the Basic Speed Law or rule (and is subject to enforcement as such) or is based on a maximum g-force exerted at a specific speed. Advisory speed limits are often set in areas with many pedestrians, such as in city centres and outside schools, and on difficult stretches of roads, such as on tight corners or through roadworks. While travelling above the advisory speed limit is not illegal per se, it may be negligence per se and liability for any collisions that occur as a result of traveling above the limit can be placed partially or entirely on the person exceeding the advisory speed limit.

Signposting of advisory speed limits varies from country to country; Australia makes extensive use of advisory speed limits across its highway networks while the Richtgeschwindigkeit ("reference speed") in Germany is valid for the whole autobahn network (but can be overruled by speed limits in particular sections or for special reasons like weather conditions or roadworks), while the United States and the United Kingdom only give advisory speed limits for hazards such as bends.

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