Long-term parking
Long- term parking is a term from parking space management .
Parking on public land
Road law
The stationary traffic is regularly part of common use . However, the parked vehicle must be registered .
If the motivation is not directed towards bringing the vehicle (again) into the flow of traffic, there is a special use requiring a permit . For example, parking for advertising purposes only, even if you occasionally change location yourself, is not permitted. A motorhome that is primarily parked for living is also no longer in common use.
Road traffic law
The keeping and parking of motor vehicles is regulated in the Road Traffic Act (StVO).
Anyone who leaves their vehicle or stops for more than three minutes "parks" ( Section 12 (2) of the StVO).
Parking is generally not permitted at certain locations ( Section 12 (3) of the StVO), with vehicles with a permissible total weight over 7.5 t and with motor vehicle trailers with a permissible total weight over 2 t within built-up areas, including in certain building areas, between 10 p.m. and 6 a.m. Clock as well as on Sundays and public holidays ( § 12 Abs. 3a StVO).
Motor vehicle trailers without a towing vehicle may only be parked in appropriately marked parking spaces for longer than two weeks ( Section 12, Paragraph 3b of the StVO). You may only stop at parking meters while the clock is running, at parking ticket machines only with a parking ticket for the duration of the permitted parking time ( Section 13 (1) of the StVO).
In Section 3 Parking , Annex 3 (to Section 42 (2) of the StVO) contains the corresponding mandatory and prohibitive signs 314, 314.1, 314.2, 315 and 318.
The Federal Armed Forces, the Federal Police, the fire brigade, disaster control, the police and the customs service are exempt from the provisions of the Road Traffic Regulations, insofar as this is urgently required for the fulfillment of sovereign tasks ( Section 35 (1) of the Road Traffic Act). For severely handicapped people with exceptional walking difficulties, a full or time-limited reservation of parking space on disabled parking spaces is possible as well as the granting of special parking rights in individual cases by the road traffic authority. The same applies to the marking of parking options for residents of urban quarters with a significant lack of parking space ( residents' parking ) by reserving the parking space for the authorized person for a full or limited period of time or by ordering the exemption from ordered parking space management measures.
Like any other road user, a long-term parker must expect situations that require a change in existing traffic regulations at short notice. He cannot therefore trust that long-term parking that is initially lawful will remain permitted indefinitely at a certain point on the public street. Conversely, a long-term parker cannot be expected to monitor his vehicle every hour or every day and to check whether the traffic regulations have changed. Otherwise there would be no difference between short-term and long-term parking spaces. How long the reaction time to be granted to the road user is ultimately a question of road traffic law. The cost of a towing measure on the fourth day after the prohibition sign is set up is usually not disproportionate. An initially legally parked vehicle can therefore be towed away for a fee three full days after the change in traffic regulations by putting up a prohibition sign as a substitute .
Parking in private parking lots
In connection with the lack of parking space in the city center, there are also commercial offers to rent a parking space permanently for a fee. In a multi-storey car park, some parking spaces are specially marked and reserved for long-term parkers. If all other parking spaces in the car park are occupied and for this reason a ticket can no longer be withdrawn from the entrance control device, long-term parkers can still enter the car park - often using their own lane. The parking spaces may have special features, e.g. B. be particularly far from the entrance and therefore be cheaper, particularly close to the entrance and accordingly more expensive or particularly large (for larger vehicles).
As soon as you drive into the parking area of a supermarket or shopping center, you enter into a contract with the person who manages the space. In the event of violations of the parking regulations such as exceeding the maximum permitted parking time, a contractual penalty may apply .
If a vehicle that is parked on private property without authorization is removed on behalf of the property owner by means of authorized self-help, the vehicle owner is obliged to reimburse the expenses necessary for the removal in accordance with the principles of legitimate management without an order .
Individual evidence
- ↑ Bay VM 77, 17
- ↑ BVG DAR 66,193, NZV 91, 40
- ↑ Long-term parkers: What is allowed? German lawyer hotline, October 12, 2018
- ↑ Road Traffic Regulations (StVO), Annex 3 (to Section 42 Paragraph 2), directional signs
- ↑ Parking for disabled people Scientific services of the German Bundestag , status of September 28, 2016
- ^ Residential parking zones Verkehrslexikon.de, accessed on June 29, 2019
- ^ Stefan Bergmann: Parking in cities and municipalities. Privilege for certain user groups ADAC Expert Series, March 27, 2014
- ↑ a b BVerwG, judgment of December 11, 1996 - 11 C 15/95 = BVerwGE 102, 316
- ↑ Bayerischer VGH, judgment of April 17, 2008 - 10 B 08.449 para. 18th
- ^ VG Neustadt, judgment of January 27, 2015 - 5 K 444 / 14.NW
- ↑ Long-term parking: The flat rate for parking Website of a commercial car park operator, accessed on June 29, 2019
- ↑ Long-term parking website of a commercial car park operator, accessed on June 29, 2019
- ↑ Berrit Gräber: Supermarkets are against long-term parkers in front of the Süddeutsche Zeitung , June 24, 2019
- ↑ BGH, judgment of March 11, 2016 - V ZR 102/15
