No stopping
The stop prohibition (HV) is in Germany after the Road Traffic Act (StVO) an official Deployment banned in traffic on public transport ground to keep .
"Stopping is a deliberate break in the journey that is not caused by the traffic situation or an order ", according to the legal definition in the General Administrative Regulations for Road Traffic Regulations .
The stopping ban can be ordered by means of traffic signs , among other things . The absolute and the restricted stopping prohibitions are stationing prohibitions for vehicles on the lane. The basic rules of conduct are regulated in § 12 StVO.
Colloquially, which is absolute stop prohibition as Halteverbot and the limited stop prohibition as a parking prohibition referred to, the latter are distinguished by traffic regulations. In Germany and Austria, these are the official terms.
Principles
It must always and everywhere held to be where it is not prohibited. The entire road traffic regulations are to be seen in their context.
In § 2 StVO the use of the lane by vehicles is prescribed. There it simply says in paragraph 1: "Vehicles must use the roadway [...]." Sidewalks do not belong to the roadway, which means that it is generally not allowed to stop on sidewalks ( prohibition of use for vehicles) unless it is expressly indicated by traffic sign 315 
( Parking on sidewalks for vehicles with a gross vehicle weight of up to 2.8 t) or through parking area markings on the sidewalk.
A distinction must be made between:
- No stopping : Vehicle drivers are not allowed to stop or park (except due to traffic - see Waiting - or under special circumstances such as an emergency ).
- No parking : drivers are not allowed to park.
The following legal definitions must be observed:
- Holding after VwV-Highway Code 1 to § 12. "A deliberate interruption of movement that is not through the traffic situation or arrangement is caused." In Austria the hold as "voluntary parking the vehicle up to 10 minutes or for the duration of a charging operation. "
- Parking is defined in Section 12 (2) of the StVO: "Anyone who leaves their vehicle or stops for more than three minutes parks."
-
Waiting : If the journey is interrupted due to an order or the traffic situation, the road traffic regulations do not stop , but wait . Waiting "is added to the interrupted traffic process of flowing traffic ". The stopping prohibition therefore does not apply; without legal definition. Examples are waiting
- in a traffic jam ,
- at a red traffic light ,
- with closed rail barrier or
- by a police sign or instruction.
- Stopping : If the journey is interrupted for operational reasons (e.g. malfunction / breakdown, lack of energy), the vehicle driver does not stop either, but remains (without legal definition). But remains in the vehicle stop prohibition, although the removal would be possible, from breaking down the illegal parking .
Stopping ban according to StVO
Section 12 (1) of the StVO provides:
“Holding is not allowed
- at narrow and blind spots on the road,
- in the area of sharp turns ,
- on threading strips and on threading strips ,
- on level crossings ,
- in front of and in officially marked fire service driveways . "
Pursuant to Section 41, Paragraph 1 of the Road Traffic Regulations, all of the instructions and prohibitions set out in Appendix 2 of the Road Traffic Regulations “must be followed”.
Stopping is prohibited
- on highways (character 330.1
) and motor vehicle roads (331.1 characters 
): "Hold, on verges is forbidden."
- "On lanes with permanent light"
- on closed roads, for example with sign 250 StVO
or sign 242.1 StVO
-
in the absolute no-stopping ban (sign 283), referred to simply as a no-stopping ban until the 2009 amendment to the Road Traffic Act . -
within a roundabout (sign 215) on the lane, -
at taxi stands (sign 229), except for operational taxis, -
on and up to five meters in front of pedestrian crossings (sign 293), -
to the left of a continuous lane boundary line (sign 295), if there is a paved hard shoulder or special path on the right, -
on a stretch of the roadway marked with arrows (sign 297), -
within a boundary marking for stopping or parking bans (sign 299). - up to ten meters from the following traffic signs, if they are covered by them:
-
a St. Andrew's cross (sign 201), -
give way to the sign . (Sign 205), -
the sign stop. Give way. ( Stop sign , sign 206). -
in front of a traffic light system (traffic light, sign 131 is not necessary)
-
Before the 2009 StVO amendment , these stopping bans were distributed across several sections of the StVO, most of them in the old version of Section 12 of the StVO. For the sake of standardization, all requirements and prohibitions by traffic signs can now be found in column 3 of Annex 2 of the StVO.
Restricted stopping prohibition according to sign 286
Sign 286 
, restricted stopping prohibition, commands:
“Anyone who drives a vehicle
may not stay on the road for more than three minutes,
with the exception of getting in
or out or loading or unloading.
Charging transactions must be carried out without delay. "
Until the 2009 amendment to the Road Traffic Act, this sign was also referred to as a parking ban ; however, this has since been defined differently according to the StVO.
Scope of characters 283 and 286
The stopping prohibitions ordered by signs 283 
and 286 begin at the location of the traffic sign and only apply to the lane on the side of the street on which the signs are attached. They apply in the direction of travel up to the next intersection or junction on the same side of the street or until other traffic signs dictate another regulation for stationary traffic .
White arrows in the signs 283 and 286 indicate the beginning, the end or the continuation of the stopping prohibition. The beginning of the prohibited route can be marked by a horizontal arrow in the sign pointing to the road, the end by an arrow pointing away from the road. (The sign for the beginning of the prohibited route therefore looks exactly the other way around, e.g. in one-way streets on the right and left side of the street; the arrow always points to the lane, on the right side of the street it points to the left, on the left to the right.)
If the signs are repeated in the prohibited route, one arrowhead points towards the road, the second away from it. The meaning of the arrows becomes clear when one imagines the signs rotated to the road; rotated like this, the arrows would point to the area to which the stopping prohibition applies. For this reason, the "prohibition signs with arrows [...] must be attached at an acute angle to the road".
Stopping bans can be limited in time, i.e. hourly and every day of the week or even over time periods.
In the absence of a defined beginning (sign 283-10 stopping prohibition or 283-50 beginning of stopping prohibition) of the prohibited route of a stopping prohibition, a backward-pointing sign (sign 283-20 end of stopping prohibition) is in itself legally ineffective and therefore does not have to be observed (BVerwG DAR 1975, 250 and VRS 49, 306; BayObLG VerkMitt. 76 10; OLG Hamm VRS 50 469; KG Berlin VRS 47 313).
Exceptions and Limitations
- An additional sign "residents with special parking permit free" (additional signs 1020–32
) invalidates the stopping ban for the named group of people, provided that the parking permit valid for a motor vehicle or trailer is legibly in the prescribed location (see resident parking ). - The additional symbol (additional symbol 1020–11
) accepts severely disabled persons, e.g. B. with exceptional walking disabilities and blind people, each with a special parking permit, from the stopping ban. Here, too, the valid parking permit must be laid out or affixed in the vehicle so that it is clearly legible from the outside. In Germany there are three different parking permits for the severely disabled, the blue, the orange and the yellow. All 3 passes allow the severely disabled to park in the restricted parking area for up to 3 hours. The parking disc must also be laid out here. - The additional sign "Electric vehicles free during the charging process"
(additional sign 1026-60) allows electric vehicles to be stopped during the charging process. - The additional sign "emergency vehicles free" (additional sign 1026–33
) allows emergency vehicles, mostly police authority vehicles, to be stopped in the area of a no-stopping area, for example in the vicinity of a police station or a local court or in front of the service buildings of the institute for forensic medicine . These can also be private vehicles.
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Areas marked by parking area markings that are absolutely prohibited from parking are reserved for vehicles that are excluded according to the additional sign.
Hard shoulder
With the additional sign 1060–31, ,_StVO_2017.svg){kind=small}
always in conjunction with signs 283 or 286 , stopping on the hard shoulder can be prohibited in addition to the actual prohibition on the road.
The combination of signs 286 and additional signs 1053-34, ,_StVO_2017.svg){kind=small}
on the other hand, only ever refers to stopping on the hard shoulder alone and not on the adjacent lane. As a result , a different regulation for the lane can be made, for example by means of sign 283 .
No stopping in one zone
With sign 290.1 StVO 
, an entire area of validity (zone) can be covered with a restricted stopping ban. Vehicle drivers are not allowed to stop within the marked zone for more than 3 minutes, except for getting in or out of the vehicle or for loading or unloading. This restricted stopping ban for a zone is repealed by sign 290.2 StVO.
Within the marked zone, the restricted stopping prohibition applies to all public traffic areas (lane, hard shoulder, etc.), provided that traffic signs (e.g. disabled 
parking spaces), traffic facilities or markings (parking area markings) do not contain any deviating regulations . Furthermore, parking with a resident parking permit (additional sign 1020-32 ) can be used within the areas marked by parking area markings using appropriate additional signs, which are always attached in combination with the zone prohibition sign (sign 290.1) and thus provide the relevant information when entering this zone 
), with a parking disc (additional sign 1040-32 
, additional sign 1040-33 
) or with a parking ticket (additional sign 1052-33 ,_StVO_2017.svg){kind=small}
, additional sign 1053-32 ,_StVO_2017.svg){kind=small}
).
Within a no-stopping zone, however, an absolute no- stopping on the lane can still apply with sign 283 (additionally on the hard shoulder with additional sign 1060-31 in combination). It is therefore also necessary to pay attention to further no-stopping signs within such a zone; these must also be followed.
The absolute stopping bans determined by Section 12, Paragraph 1 of the Road Traffic Regulations, as well as other traffic signs, remain unaffected.
Fire protection - stopping bans according to state regulations
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Stopping bans in accordance with state fire protection regulations supplement and expand the one from Section 12 (1) No. 5 StVO, in that, in addition to the fire brigade, they also include passageways as well as installation and movement areas for the fire brigade . Such areas are to be marked, unlike fire brigade access roads from § 12 Paragraph 1 No. 5 StVO but not necessarily “official”. The stopping prohibition applies even if there is no such marking. As a result of federalism in Germany, labeling is not regulated uniformly across the country. On the one hand, according to Section 45 Paragraph 1 Sentence 2 No. 5 StVO, the use of signs 283 and 299 comes into consideration, either standing alone or supplemented by additional signs (as in Figure 5); on the other hand, other characters that are not included in the VzKat are also used. Some national regulations stipulate that DIN 4066-2 must be complied with and stipulate the minimum size (594 × 210 mm) and text content (“fire service access” or “area for the fire service”).
- Stopping bans according to regional fire protection regulations are marked differently
Fire brigade access sign according to DIN 4066-2, without issuing authority and without official seal
Sign 283, with additional fire brigade access sign, no stopping according to StVO according to DIN 4066-2, without issuing authority and without official seal
Marking of a fire service entrance in Heidelberg, without issuing authority and without official seal
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Stopping bans in accordance with state fire protection regulations are - if at all - only sanctioned according to state law regulations, a punishment according to the catalog of fines is usually only considered if the conditions there are also met. Towing or relocation is possible if there is a risk to public safety. It is therefore generally advisable to keep escape routes clear for the fire brigade regardless of the applicable legal provisions.
Temporary stopping bans
Certain circumstances may require a stopping ban, for example if there is use on public transport that goes beyond common use (see special use ). Occasions for this are events , filming, removals, cleaning and construction work, etc. For this purpose, the road traffic authority approves a temporary stopping ban (the area is referred to as the no-need -stopping zone ), subject to a fee and after weighing interests and legal examination . This must be made known to road users 3 days before it comes into force by setting up corresponding traffic signs (usually the sign 283 with additional sign, e.g. additional sign 1042-34, possibly also additional sign 1052-37 for the hard shoulder).
In addition, a so-called reservation list must be drawn up during the list. This contains information about the parked vehicles that are in the future no-stop area (date, time, location, license plate number, manufacturer).
The routes known colloquially as "mobile stopping bans" are determined on the basis of a traffic law order from the locally and materially responsible road traffic authority . The implementation - i.e. the setting up of the signs - is usually the responsibility of an authority or agency of this administration, the locally and factually responsible police or the company (sign service). This is usually done by setting up traffic signs that are not anchored in the ground (usually signs that are on bases filled with water or concrete).
In the event of specific traffic obstructions due to unauthorized vehicles parked after the above period has expired, the police can be called in, which can have the vehicles towed if all requirements are met (condition of the signs, parking spaces , compliance with the permit) . The police make an advance payment for the towing and police costs . Subsequently, all costs are recourse to the responsible vehicle driver , or alternatively the vehicle owner, in the administrative procedure. Alternatively, the removal of the vehicles is possible at the expense of the initiator. In this case, the vehicle driver, or alternatively the vehicle owner, can be recourse to civil law.
In particular, towing is only possible if there is a specific traffic obstruction. Accordingly, parking offenders are not only towed away on the basis of the permit.
As with all official traffic signs, erecting, removing or relocating is an act of sovereignty , so that violations can constitute an offense of official presumption .
sanctioning
Vehicle drivers, or alternatively vehicle owners, commit a traffic offense in Germany according to the basic offense based on § 49 StVO and § 24 StVG ; standardized in the national catalog of fines . For example, the fine is usually € 35 if the driver parks a vehicle for over an hour and obstructs other road users . In this case, towing the interfering vehicle can be legitimate.
See also
Web links
- Traffic sign no stopping with traffic regulations (Germany)
- Traffic sign restricted stopping ban with traffic regulations (Germany)
- History of the mobile stopping ban (Germany)
Individual evidence
- ↑ to § 12 StVO
- ↑ www.bast.de: List of official designations
- ↑ Judgment of the Higher Regional Court Karlsruhe of May 20, 2003, file number: 2 Ss 216/01 ( page no longer available , search in web archives ) Info: The link was automatically marked as defective. Please check the link according to the instructions and then remove this notice. (with reference to BGHSt 14, 149; OLG Düsseldorf NZV 1989, 81 f; Heß in: Janiszewski / Jagow / Burmann: Straßenverkehrsrecht. 17th ed. § 12 marginal no. 3 f; Hentschel: Straßenverkehrsrecht. 37th ed. § 12 marginal no . 42)
- ↑ § 18 Paragraph 8 StVO
- ↑ § 37 Paragraph 5 StVO
- ↑ § 37 Paragraph 5 StVO
- ↑ Appendix 2 serial no. 63/64 StVO
- ↑ a b c Annex 2 No. 61 StVO
- ↑ General administrative regulation for road traffic regulations ( VwV-StVO ), on signs 283 and 286 […] 3 III: "Prohibition signs with arrows must be attached at an acute angle to the roadway."
- ↑ Appendix 2 serial no. 63.4 StVO
- ↑ Appendix 2 serial no. 63.3 StVO
- ↑ a b General administrative regulation for road traffic regulations ( VwV-StVO ), Annex 7: Catalog of traffic signs, part 7 - additional signs according to § 39 Paragraph 3 StVO, § 41 Paragraph 2 StVO
- ↑ Appendix 2 serial no. 62.1 and 63.1 StVO
- ↑ Appendix 2 serial no. 62.2 and 63.2 StVO
- ↑ Appendix 2 serial no. 64/65 StVO
- ↑ a b c
- ↑ a b c d e.g. No. 5.207 VV BauO NRW
- ↑ BVerwG , judgment of December 11, 1996 (11 C 15.95) ; Saxon OVG , judgment of March 23, 2009 (3 B 891/06) ; also BVerfG , decision of September 10, 2009 (1 BvR 814/09)
- ↑ See § 45, Paragraph 5 of the Road Traffic Regulations regarding the continuing duty of the road construction company to maintain safety ; BGH , judgment of November 29, 1973 (III ZR 211/71)
- ↑ Code 412145
