Disabled parking
A disabled parking space (also disabled parking space in Austria ) is a special, often barrier-free, parking option for people with special requirements . It is a measure to compensate for disadvantages .
Germany
Disabled parking
According to the German Road Traffic Regulations (StVO), disabled parking spaces are marked with the following symbols:
Sign 314: parking lot
Sign 315: Parking on sidewalks
Additional character 1044-10
Supplementary character 1044-11
Supplementary character 1044-12
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| The additional sign for sign 286 excludes vehicles of severely disabled people with extraordinary walking difficulties, bilateral amelia or phocomelia or with comparable functional restrictions as well as blind / hearing impaired people, each with a special parking permit number ..., from the stopping ban. The exception only applies if the parking permit is legible or displayed. | |
In Germany, the disabled parking space is indicated by an additional sign with the pictogram of a wheelchair user (additional sign 1044-10) to the traffic signs 314 (parking) or 315 (parking on sidewalks). Signs of this kind allow severely disabled people with exceptional walking difficulties, bilateral amelia or phocomelia or with comparable functional restrictions as well as blind people to park their vehicles and at the same time prohibit others. Often there are also floor markings to point out the sign.
There is no maximum permitted parking time in disabled parking spaces of 24 hours. This applies exclusively to the parking facilities according to § 46 StVO, which the holders of disabled parking permits receive. The right to use disabled parking spaces is not included. Only the need to use the parking space for the ID card holder limits the permitted parking time. If this is no longer necessary, the car can be towed despite the handicapped parking card displayed. Further restrictions on the parking time are also possible. For reasons of mutual consideration, parking spaces for the disabled in front of certain facilities (e.g. doctor's practice, public authority) should only be occupied for as long as is necessary for the use of the facility, so that parking is not excessively blocked in the interests of other disabled people.
Disabled parking spaces are usually wider than regular parking spaces in order to make it easier to get in and out and so that a wheelchair can be loaded and unloaded more easily. The prescribed area for a parallel parking space with a planned rear exit is 5.00 m plus 2.50 m of free movement area × 2.50 m. In order to save people with walking disabilities, wheelchair users and also blind people long journeys, disabled parking spaces are mostly created near entrances or exits.
A disabled parking space can also only be set up for the vehicle of individual disabled persons. The parking permit is indicated by the corresponding additional signs: wheelchair user pictogram and inscription "With parking permit no. ... free", additional sign 1020-11 or "With parking permit no. ...", additional sign 1044-11. The legal basis is § 209 SGB IX in connection with § 45 Paragraph 1b No. 2 Road Traffic Regulations (StVO). Only the ID card holder may use this parking lot.
Parking permit
The EU- uniform blue parking permit or the individual parking permit must be clearly legible in the vehicle when parking. Infringements are charged with 55 € in accordance with No. 55 of the Annex to the Ordinance on Fines .
The use of the parking lot is also permitted if a non-disabled person drives the vehicle, but the journey serves to transport the authorized disabled person. It is not sufficient that the vehicle is only used in the interests of a severely disabled person (errand trip in the absence of the disabled person) without the person being transported himself.
The use of a disabled parking permit without the purpose of transporting the person for whom the card was issued constitutes a criminal misuse of identification documents ( § 281 StGB ) according to a judgment of the Nuremberg District Court . The Nuremberg-Fürth Regional Court confirmed this judgment and rejected it thus the defendant's appeal against the judgment from the lower court. The Stuttgart Higher Regional Court, on the other hand, denied the realization of the fact of misuse of identity documents in the same case, since this presupposes that the "purpose of the act [must] be to mislead a third party that the perpetrator himself or someone else, for which he uses the paper that is the same person as the person identified by the certificate ”. However, this is not the case “when a disabled parking card is displayed for someone else. The driver of the car presenting the parking permit does not necessarily pretend to be the holder of the parking permit. The parking facility does not only apply to the disabled person as a self-driver, but also to the driver who transports him, although the journey must serve to transport the disabled person ”. Such behavior "could, however, be considered an administrative offense according to Section 49 (3) No. 5 and Section 42 (2) in conjunction with Annex 3, serial no. 7 (sign 314) column 3 sentence 1 or serial number 10 (sign 315) column 3 sentence 2 StVO, No. 55 BKatV be punishable. "
The parking permit is issued to severely disabled people with extraordinary walking difficulties (mark aG), bilateral amelia or phocomelia or with comparable functional restrictions as well as for blind people (mark Bl) on request. Which authority is responsible for this differs from state to state, mostly the road traffic office or the public order office .
The prerequisite for setting up an individual disabled parking space is that the disabled person or, if applicable, their legal guardian drives the vehicle themselves and does not have a garage or a correspondingly secured parking space.
Unauthorized use
Unauthorized parking in disabled parking spaces in Germany can result in a fine of € 55, administration fees and having to tow the vehicle. The Federal Administrative Court of Leipzig assessed the difference between parking and stopping and found that towing a vehicle parked unauthorized in a disabled parking space is only not justified if the driver can drive away without delay. Towing is justified after just three minutes. The Schleswig Higher Administrative Court even approves the immediate towing away without a waiting period. Only if disabled parking spaces were kept free from vehicles of those not authorized to park at all times, disabled people could trust that disabled parking spaces were absolutely available to them. In the event of a breakdown, the vehicle must also be removed immediately, as if it were left in other no-parking or no-parking areas, otherwise it can also be towed away.
If a disabled parking space is occupied by unauthorized persons, the towing process can be initiated by calling the police's citizen telephone or the local public order office. The use of the police emergency number , on the other hand, should not be used, as this procedure is legally controversial: in isolated cases, this is prosecuted by police authorities as abuse of the emergency number ( Section 145 (1) No. 1 StGB).
The online forum rollingplanet.net tries to create a public against such road users.
Further permits based on the parking permit
In addition to parking in a marked disabled parking space, a parking card also entitles you to the following parking if there is no available parking space nearby:
- up to three hours of parking on streets or zones where parking is otherwise prohibited;
- Extending parking times to streets or zones where parking time is restricted;
- free parking in parking lots where payment is required by paying at display machines or parking meters;
- up to three hours of parking in parking spaces designated for residents;
- Parking in restricted traffic zones and outside the marked parking spaces if traffic is not obstructed;
- Parking in pedestrian zones if local concessions expressly allow this.
Austria
In Austria, there are also disabled parking spaces for severely disabled people, which are set up near their place of residence, work or frequently visited shops. An additional sign "excluded" allows disabled people and their legal guardians to park. The authority has for drivers of motor vehicles who are permanently restricted in their mobility due to a disability in the immediate vicinity of their home or workplace or in the vicinity of frequently visited buildings (e.g. Social Ministry Service (formerly: Federal Social Welfare Office) and its state offices , Hospitals etc.) to keep parking space free. These parking spaces can be identified by the traffic sign “Stopping and parking prohibited” in conjunction with an additional sign with the disabled symbol and the word “excluded”. Only vehicles with a disabled ID are allowed to park in such parking spaces.
Since January 1, 2014, the Ministry of Social Affairs Service (formerly: Bundessozialamt) (and no longer the district administration or the magistrate) has been responsible for issuing parking permits for people with disabilities.
Upon request, the authority can also order a so-called disabled parking space for a certain motor vehicle at the place of work or at the place of residence of the person with disabilities. This parking space is identified by indicating the number on an additional board below the stopping and no parking sign in addition to the disabled person symbol. No other vehicle is allowed to stop or park in such a parking lot.
However, an individual person has no legal right to have such stopping and parking bans issued. When using a parking space for the disabled, it is necessary to place the ID in the vehicle behind the windshield so that it is clearly visible when parking and to present it when requested.
Web links
Individual evidence
- ^ Character 315. Retrieved November 10, 2012 .
- ↑ OVG Koblenz, Az. 7 A 15/88 .
- ^ VGH Baden-Württemberg. Az. 5 S 69/01.
- ^ In: Deutsche Polizei (Union of Police), 4/2002, p. 31
- ↑ Appendix 3 No. 7 Command No. 2 letters d and e to the Road Traffic Regulations
- ↑ Berr, Hauser, Schäpe: The law of the still traffic . 2nd Edition. Munich 2005, ISBN 3-406-49270-3 , Rn. 180.
- ^ Judgment of the AG Nürnberg from April 21, 2004 - Az .: 55 Cs 702/04. Verkehrslexikon.de. Accessed April 10, 2016. Also cited in DAR 2005, among others .
- ^ Judgment of the Nuremberg-Fürth regional court, dated September 8, 2004 - Az.:4 Ns 702 Js 62068/04. Jurion.de. Retrieved April 10, 2016. (There is a charge to access the full judgment; however, the judgment tenor is available free of charge.)
- ↑ Decision of the OLG Stuttgart of August 27, 2013 - Az .: 2 Ss 349/13. Burhoff.de. Retrieved April 9, 2016.
- ↑ BVerwG, Az. 3 B 67/02, DAR 2002, 470.
- ↑ Hamburg Administrative Court, September 6, 2000, Az. 3 VG 1658/2000.
- ^ OVG Schleswig, judgment of March 19, 2002, Az. 4 L 118/01.
- ^ OVG North Rhine-Westphalia, March 21, 2000, Az. 5 A 2339/99.
- ↑ https://rollingplanet.net/falsche-behindertenparkplatzfreunde/
