In Cagliari , bicycles cannot be chained "in public places or places open to the public, on public infrastructures not intended for this purpose". This is to safeguard "the liveability and decorum of the city". This is established by the local police regulation of the Municipality of Cagliari: a rule contested by FIAB (Italian Environment and Bicycle Federation) but blessed by the TAR, which rejected the appeal and explained that the ban is legitimate and unquestionable.

For the administrative judges , "the safeguarding of the liveability and decorum of the city would evidently be inevitably jeopardized by a disorderly and uncontrolled stacking of bicycles anchored to public supports intended for other purposes", even if they do not hinder circulation.

This can be read in the ruling, filed today, which saves the article of the regulation which prevents cyclists from chaining their bikes where they deem appropriate. The validity of the fine for the infringement was also confirmed, ranging from 100 to 300 euros.

Now, it is true that the Municipality of Cagliari has issued a series of ordinances (obligation to have a bottle of water for dog owners, ban on throwing cigarette butts on the ground, no smoking on the beaches) which over the years of their existence have produced a number of fines that can be counted on the fingers of one hand. But the sentence has its own "political" value: the municipal regulation much contested by the opposition holds up before the Administrative Court and remains valid and effective.

One of Fiab's arguments, brought to trial through the lawyers Angela Franca Fenu and Renato Lai, was not deemed convincing: in Cagliari there are not enough racks, was the thesis, therefore the ban on chaining constituted an advantage for "strong users" of the road, i.e. motorists, to the detriment of the "weak", cyclists.

For the TAR «there is no immediate and direct correlation between the number of usable racks and the alleged illegitimacy of the contested regulatory provision , which is based on the need to ensure an orderly arrangement of roads and sidewalks in order to safeguard coexistence civil and citizen safety". Furthermore, it is already forbidden, for example, to tie bicycles to the railings of monuments, therefore "the regulatory provision is consistent with the system outlined by the national legislator regarding the circulation of means of transport and their orderly arrangement on the roads".

Enrico Fresu

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