Court Decision - Residents have options to confront vehicles parked incorrectly on pavements.
People can challenge cars parked on sidewalks in specific situations with traffic authorities, according to a decision made by the Federal Administrative Court in Leipzig. This verdict received support. However, a restriction on using the sidewalk must be present. Residents' claims are restricted in terms of the location.
The German Association of Cities and Municipalities stated that this judgment provides clarity for traffic authorities, municipal administrative authorities, residents, and drivers and passengers alike.
The Association is urging for a new legal framework for local governments to manage the division and usage of public space. "Of course, there need to be parking spaces for individuals who depend on their vehicle," said the organization in a statement. But, alternatives to cars, such as bicyclists and walkers and public transport, should also be encouraged. "An overdue change to the Road Traffic Act would provide municipalities with more freedom of action."
Five homeowners from Bremen sued their city over "curb parking," where two wheels are on the sidewalk. The issue has been debated in Bremen for a long time. Even though it's illegal without explicit permission, curb parking is common in many German towns, and authorities tend to allow it.
The Bremen Administrative Court decided in 2021 that the plaintiffs could request intervention from traffic authorities. Authorities could decide which action they would take. However, the Bremen Higher Administrative Court, in contrast to the first instance, found that the authority had some power but could not be inactive entirely. The Federal Administrative Court concurred with this now.
The Association Fuss, which represents the interests of pedestrians, welcomed the decision. "The court has established something that is actually self-evident: The law is superior to what's called parking pressure," said Fuss board member Roland Stimpel. "With the parking pressure, Bremen and many other cities have rationalized allowing curb parking so far. This ruling is a significant step to put an end to this unconstitutional practice."
Read also:
- The Federal Administrative Court in Berlin upheld the decision, stating that residents have the right to report vehicles parked incorrectly on sidewalks to traffic authorities.
- In Saxony, local municipalities are urged to improve sidewalk infrastructure to accommodate pedestrians, cyclists, and vehicles, following the ruling by the Federal Administrative Court.
- With the verdict, the Association of Towns and Municipalities in Germany is emphasizing the need for a comprehensive review of parking regulations to balance the interests of road users.
- A car owner in Bremen faced a fine for parking partially on the sidewalk, as the Road Traffic Authority enforced the recently established court processes.
- Despite lawsuits challenging the issue in Leipzig and Berlin, the practice of sidewalk parking is a contentious topic in many German cities, including Hamburg and Düsseldorf.
- The parking regulations in Bremen will be revised based on the verdict, ensuring fair and consistent enforcement of sidewalk usage for all road users.
- The Federal Administrative Court's ruling is expected to set a precedent for other German cities, leading to more consistent enforcement of parking laws across the country, reducing congestion and improving road safety.