(Un)reasonable: Surface parking

Who hasn’t seen it – cars parked with two wheels on the sidewalk. Although surface parking is generally prohibited, it is usually tolerated. A legal dispute is currently underway in Bremen. What exactly is on-street parking, what are the regulations and how are they implemented? Here you can also find out what cities would look like if there were no more tires on the sidewalk.

According to the German Road Traffic Regulations (StVO), parking on sidewalks is prohibited. Surface parking is only permitted where there is a corresponding traffic sign (number 315). However, this only applies to vehicles under 2.8 tons. Some local authorities also allow a special permit for utility services, deliveries and trades.

In Bremen, the debate about parking on sidewalks has long been a contentious issue. Now residents have filed a complaint against the municipality. This was represented by the Senator for Climate Protection, Environment, Mobility, Urban Development and Housing. The Higher Administrative Court has now issued a ruling: the road traffic authority is generally obliged to take action against parking on the road. At the same time, however, the court grants the authority discretionary powers.

What does this mean in concrete terms? The authority only has to take action if the situation is deemed unreasonable. This threshold is exceeded if the remaining passage on the sidewalk is less than 1.50 meters wide. That sounds logical at first. However, this rule is immediately relaxed again: it only applies if there is surface parking on both sides of the entire street. The court also demands that the authorities draw attention to the ban, for example with appropriate signage. However, the ruling is not yet legally binding. The plaintiffs could appeal. This would bring the case before the Federal Administrative Court.

In its ruling, the Higher Administrative Court drew attention to the fact that vehicles have been parked on sidewalks in the district in question for decades. Although this is usually prohibited according to the StVO, the judges did not derive a general obligation to tow away the vehicles. This was precisely what the residents were demanding. The court is now recommending that the authorities specifically identify the areas of the city where the problem of parking is particularly serious. Based on these findings, a comprehensive concept should then be developed for the whole of Bremen.

Mobility Senator Maike Schaefer reacts positively to the ruling. It shows that surface parking is illegal in many residential areas of the city. Interior Senator Ulrich Mäurer is also satisfied. According to him, the court has recognized in a “balanced decision” that, due to limited resources, step-by-step action must be taken against parking on the street.

The ruling has further sparked existing discussions in cities such as Hamburg and Frankfurt. The movement is also supported by the pedestrian interest group FUSS e. V. So what are the consequences? If strict action is taken against on-street parking, parking spaces will be lost. This is currently causing a lot of commotion in the city. In reality, however, people have no right to a public parking space. The dilemma is also exacerbated by the trend towards larger cars. On the other hand, getting around with baby carriages, walking frames and the like is now more convenient. Hamburg-Nord district manager Werner-Boelz, for example, says: “The implementation is an important step not only for the traffic turnaround, but above all for more fairness in road traffic, as mobility-impaired people in particular will benefit from it.” The mobility turnaround is also evident at federal level. In 2022, for example, one million euros in funding was spent on model projects and redesigns for pedestrian traffic for the first time.

By the way: a test track for the Hyperloop recently opened near Munich. Find out more here.