When moving traffic , sometimes flow traffic called all in motion are basically vehicles in the public road called, regardless of whether they travel independently present or traffic growth temporarily (stand waiting ). The opposite is stationary traffic .
Legal matters in Germany
There is no legal definition , i. H. the term is not explained in any legal norm .
The regulation of the flowing traffic is a sovereign task of the road traffic authorities (e.g. putting up traffic signs) and the traffic police ( § 36 Abs. 1 StVO : "The signs and instructions of the police officers are to be followed. They follow all other orders and other rules but do not release the road user from their duty of care . ").
On parking in parking garages and on gas station terrains place to prevailing opinion, no flowing traffic instead. It follows that here z. B. When reversing, the increased duty of care according to § 9 Abs. 5 StVO does not apply, but only the general due diligence according to § 1 Abs. 2 StVO.
- ↑ Roland Schurig: Outline of traffic law. 2nd edition, Kirschbaum Verlag, Bonn 1996, ISBN 978-3-7812-1390-6 . Here: “ Stopping is a deliberate (targeted) break in the journey that has not been caused by the traffic situation or a traffic police order (VwV-StVO to § 12 Paragraph 1). Hold is associated with the stationary traffic and includes stopping, safeguards under § 14 and standstill traffic regulations in the traffic space. The subjective purpose of parking or stopping is irrelevant as long as there is general readiness for traffic; the vehicle only has to be registered and ready for use. Mere traffic-related stopping, on the other hand, is waiting and is added to flowing traffic (e.g. waiting at an LZA when red, at a pedestrian crossing or when you are not allowed to stop in a traffic jam). The rules for stopping and parking do not apply here. "[Italics for emphasis]
- ↑ cf. including AG Frankfurt am Main, decision of June 9, 2005, Az. 901 Owi - 218 Js 19469/05 and OLG Dresden, decision of December 11, 2006, Az. Ss (OWi) 650/06 (NZV 2007, 152)