Parking spaces are scarce in many areas and therefore highly sought after. But what is allowed in this regard and which rules of the Road Traffic Regulations must be observed?
Parking space search – who has priority?
According to Arag's legal experts, the StVO governs who has the right to a parking space in a dispute. Accordingly, the one who first directly reaches the parking space has priority (Paragraph 12, Section 5, Sentence 1). If a driver on a street with opposing traffic on the opposite side of the road is located, he has not yet "directly reached" the parking space, the experts say.
The priority of the one who arrived at the parking space first remains even if he initially drives past the space to reverse into it or if he still needs to maneuver in some other way. In addition, the priority also applies to the driver who is waiting at a vacant parking space.
According to Arag, it constitutes a punishable offense if you squeeze into a parking space from the other side while the car backing out still blocks the way for the waiting driver. This would be a violation of
the StVO.
In addition, the lawyers point out that reserving a free parking space is also not allowed. For example, it is considered a violation of the Road Traffic Regulations if you leave your passenger there until you reach the space with your vehicle. Priority at a parking space belongs only to the driver themselves, according to Arag's explanation.
Right of way?
Those driving on a parking lot cannot generally rely on the right-of-way rule "right before left." According to ARAG experts, the right of way on parking lots applies only if the paths there are wide enough and clearly marked so that the road character of the carriageways is clear and unambiguous.
The experts refer in this context to a ruling of the Detmold Regional Court (Az.: 10 S 1/12), according to which road users must agree on the right of way if only the parking bays are marked.
Gullies and zebra crossings
It is not a good idea, according to ARAG experts, to park on a drain cover on the sidewalk. This also applies according to the StVO even if parking on sidewalks is explicitly permitted. Those who violate the prohibition risk a
fine and towing of the vehicle for illegal parking, the lawyers say.
It is also forbidden to park the vehicle on a zebra crossing and up to five meters in front of it. The zebra crossing must be kept clear even in stop-and-go traffic. Behind the zebra crossing, stopping and parking are allowed.
Combustion engines on parking spaces for EVs?
Additionally, the legal experts point to the following: Users of electric vehicles must be able to rely on EV-designated parking spaces with charging stations remaining free and usable.
According to a ruling by the Administrative Court of Düsseldorf, towing is therefore allowed even without concrete obstruction. (Az.: 14 K 7479/22).
Parking without TÜV?
In principle, according to ARAG, vehicles that are registered and whose TÜV sticker has not expired may stand on public parking spaces indefinitely. There is also no statutory rule on how often you must check on your properly parked vehicle.
However, according to the lawyers, a valid parking ticket must be clearly visible in the car when a parking permit is required. Prohibited for any kind of parking are, for example, no-stopping zones, rescue routes, emergency driveways or resident parking zones.
Because
of construction sites or changes in traffic management, it can always happen that a temporary parking ban is established. For this reason, ARAG recommends regularly checking the vehicle every few days and removing it if necessary. Otherwise, you risk that it will be towed at your expense.
Questionable road signs?
The legal experts also explain that questionable signs must be observed. As a concrete example, they cite a case where a motorist parked in front of a space marked as a fire department access. He disregarded the signage because there was no access. Thus no firefighting operation could have been hindered.
According to ARAG, the advisory signs were installed by the mayor because the rear exit of the local cinema is located there. Visitors should not be hindered when leaving the cinema by parked vehicles, it says.
The man had to pay towing costs of around €200. The judges' reasoning: It is not the task of drivers to decide whether a prohibition by a sign is justified. Those who consider traffic signs to be illegitimate must sue separately. As long as the signs exist, they are binding, according to the Düsseldorf Administrative Court (Az.: 14
