Stop (road traffic)

The hold - in Switzerland especially voluntary hold - a vehicle is in the road a not out of the traffic flow necessary out stopping the vehicle (in contrast to the Pause / Wait is) that remains in the short term and generally not associated with leaving the vehicle (in contrast to parking / parking ). A distinction must also be made between loading activity / cargo handling , which is subject to special rules.

Typical cases of stopping are letting people get out or into the car, or minor activities that are not permitted while driving (such as reading maps, cell phone calls without a hands-free kit, giving children in the back seat) or not possible (asking for directions, something) due to the need to be alert get out of the trunk). The term has special meaning in the context of the stopping ban : In contrast to parking, stopping is usually not part of stationary traffic , i.e. it is associated with an intervention in the traffic situation and particular impairment, hindrance or danger to other road users.

Regulations in different states

Germany

The holding and parking of vehicles in traffic is regulated in § 12 of the Road Traffic Regulations (StVO). A definition of the term "hold" can be found in the administrative regulation for road traffic regulations (VwV-StVO), where it says in relation to § 12 para. 1 StVO:

"Stopping is a deliberate break in the journey that is not caused by the traffic situation or an order."

Accordingly, stopping a vehicle is to be distinguished from:

Waiting : If the journey is interrupted due to an order or the traffic situation, the road traffic regulations do not stop , but wait . This includes e.g. B. stopping because of a traffic obstacle, the applicable right of way or a police instruction.
Stopping : If a vehicle cannot continue its journey for technical reasons (lack of fuel, technical damage), there is also no stopping.
Section 34, Paragraph 1, No. 1 of the Road Traffic Regulations requires those involved in a traffic accident to “stop immediately”, but this does not correspond to stopping within the meaning of the law, as it is necessary.

Furthermore, stopping a vehicle must be distinguished from parking . Section 12 (II) of the StVO reads:

"Anyone who leaves their vehicle or stops for more than three minutes parks."

This formulation is not aimed at whether the driver has got out of the vehicle, but rather whether he is able to move the vehicle away from the stopping location at any time and immediately. “As long as a vehicle driver is still able to take the driver's seat and drive away at any time after getting out, he has not left it within the meaning of Section 12 (2) of the StVO. If this is the case, the driver stops but does not park as long as this does not take longer than three minutes. ”In the case of getting on and off passengers and loading and unloading the vehicle, there may be exceptions to the three according to the case law -Give minutes rule.

Austria

In Austria, the stopping and parking of vehicles is defined in § 2 Definitions of the Road Traffic Act and regulated in § 23 Stopping and parking , the prohibitions on stopping can be found in § 24 Stopping and parking prohibitions .

"Stopping: an interruption in the journey not enforced by the traffic situation or other important circumstances for up to ten minutes or for the duration of a charging activity"

- Section 2 (1) line 27 of the StVO

Special requirements to hold are;

Taking into account the best possible use of the available space, set up the vehicle in such a way that no road user is endangered and no driver of another vehicle is prevented from driving past or driving away - § 23 Paragraph 2 StVO (also applies to parking)
Position the vehicle at the edge of the road and parallel to the edge of the road (or cycle lane) (unless otherwise stated in the floor markings or road traffic signs, or in parking lots); To set up single-lane vehicles on the edge of the lane to save space - § 23 Paragraph 2 StVO (also applies to parking, see § 9 Behavior with floor markings )
to remain in the vehicle before entering the house or property and to clear the entrance or exit immediately - § 23 Paragraph 3 StVO; the same applies when stopping in bus lanes (Section 23 Paragraph 3 StVO) and on tracks (Section 28 Paragraph 2 StVO).

Charging activity is a form of stopping that is not tied to the ten-minute limit, but is subject to further regulations (§ 62 StVO charging activity ). In addition, the StVO also knows a "short stop to get off or board", which is also permitted in stopping bans, in loading zones, on taxi stands or in the bus stop area of a means of mass transport (Section 24 (2a) StVO).

Since the time limit ex legis generally applies, you can park even if you stop for more than ten minutes while sitting in the vehicle. However, lingering near the vehicle is not mandatory - except in the special cases of particular traffic obstruction that require you to stay in the vehicle. It is forbidden to stop in the second lane , even to wait for a parking space to become free.

Simplifying special regulations apply to taxis, rental cars and guest car businesses as well as ambulance transports (Section 23 Para. 3a StVO), exceptions for doctors, nurses, midwives in practice (Section 24 Para. 5.5a, 5c StVO). Road service vehicles, refuse collection and sewer maintenance vehicles are not bound by bans while on duty (Section 27 Paragraph 1 StVO), as are holders of a disability pass (Section 27 Paragraph 1 lit a StVO); this also applies to these people when getting in and out of the vehicle the ten-minute limit does not apply to rides (Section 27 Paragraph 1 lit b StVO). Stricter special regulations apply to “vehicles, trailers without a towing vehicle and transport containers for transporting goods (such as containers, loading trays and the like)” (Section 29b (2) StVO).

Switzerland, Liechtenstein

In Switzerland, Art. 18 (Stopping) of the Traffic Regulations Ordinance (VRV) regulates stopping in road traffic. In Art. 19 (Parking in general) , parking is defined as follows: "Parking is the parking of the vehicle that is not only used to get people in and out or to handle goods." The Liechtenstein regulations are analogous (Art. 20 Stop , Art. 21 Parking in general VRV).

literature

Bernd Huppertz: Stop Towing Parking. Practical manual with an overview of case law and tables of warnings and fines , 2004, Richard Boorberg Verlag, ISBN 3 415 03227 2

Individual evidence

↑ StVO-VWV (administrative regulations-im-internet.de)

↑ § 12 StVO gesetze-im-internet.de ()

^ Entry on Verkehrslexikon.de on the decision of the BayObLG of June 4, 1976

↑ § 2 , § 23 and § 24 of the Federal Act of July 6, 1960, with which regulations on the road police are enacted (Road Traffic Act 1960 - StVO. 1960) (as amended online, ris.bka ).

↑ decision text OGH 18.10.1968 2 Ob 196/68 (ris.bka);
ÖAMTC warns: Stopping in the second lane can be expensive - penalty for "traffic obstruction " even for waiting for a parking space that has just become free , press release, ÖAMTC, OTS0053 May 27, 2005;
in Vienna about a fine of 48 €, in the case of traffic obstructions 108 €. Ordinance of the City of Vienna Magistrate, with which the StVO 1960 and the short-term parking zone surveillance ordinance, which can be punished by means of anonymous rulings, are determined and the penalties to be imposed are determined in advance (StVO-ANO-VO) . StF OJ 2000/37 (as amended online, wien.gv.at).

↑ Traffic Rules Ordinance (VRV), SR 741.11 (as amended online, admin.ch).

↑ Traffic Rules Ordinance (VRV) of August 1, 1978 , LGBl 19/1978, 741.11 (as amended online, Lilex ).

[1] StVO-VWV (administrative regulations-im-internet.de)

[2] § 12 StVO gesetze-im-internet.de ()

[3] Entry on Verkehrslexikon.de on the decision of the BayObLG of June 4, 1976

[4] § 2 , § 23 and § 24 of the Federal Act of July 6, 1960, with which regulations on the road police are enacted (Road Traffic Act 1960 - StVO. 1960) (as amended online, ris.bka ).