Cities must review applications against on-pavement parking

Cities may be obliged to take action against permanent sidewalk parking in city streets for the benefit of residents. This was decided by the Bremen Administrative Court in a ruling on February 22, 2022. The ruling could have a signal effect for other cities.

Finding free parking spaces in large German cities is often like looking for a needle in a haystack. The search is even more difficult in residential areas. Here, many city visitors turn to the surrounding districts to avoid expensive parking garages. It can often be observed that cars use the sidewalks as „surface parking“. Residents are annoyed: pedestrians and people with baby carriages or wheelchairs often find it very narrow. Citizens in Bremen have now had enough: as the city has so far made no effort to do anything about parking on the sidewalk, five residents filed a complaint. And were partially vindicated by the administrative court in Bremen.

Restriction for pedestrians: Bremen citizens complain

In this specific case, five residents of three streets in Bremen contacted the local Department of Roads and Traffic. The respective carriageways are around 5 m wide, while the sidewalks are between 1.75 and 2.00 m wide. There are no traffic signs in the streets.

The residents wanted to have the parking situation on the three inhabited streets checked by the Department of Roads and Traffic, but the traffic authority had so far refused to do so. However, the complainants felt that the situation was a massive restriction for pedestrians using the sidewalks. In a meeting convened by the residents, they were told that the authority had issued instructions not to take action against vehicles on the sidewalks. This was justified by a lack of scope for action. Shortly afterwards, the residents filed a complaint with the administrative court. In it, the Bremen residents requested an obligation for the Department of Roads and Traffic to take appropriate measures to prevent parking on the kerbs.

Partial success for residents: inspection ordered

In its ruling, the Administrative Court obliged the office to re-examine the plaintiffs' application. In the opinion of the Administrative Court, the plaintiffs were entitled to traffic law measures. In the event of permanent parking on the sidewalks in contravention of traffic regulations, the residents of the street were entitled to demand that the authorities intervene. The protection of sidewalk users is also rooted in a parking ban on these sidewalks and does not only serve the interests of the general public. The authority can take measures to protect the interests of local residents.

Bremen transport department wants to take action against ruling

However, the exact measure to be taken is at the discretion of the authority. This can be the erection of signs or other low-threshold measures. However, the Office for Roads and Traffic is obliged to take action: The discretion to decide has been reduced to zero. In addition, it is clearly identified as the responsible authority and not the general regulatory authorities. In any case, there is a dangerous situation, as pedestrians have to take evasive action on the road, which endangers the safety of those affected.

As a result, the VG instructed the road traffic authority to reassess the plaintiffs.

Bremen's transport department recently announced that it would appeal against the administrative court's ruling to the Higher Administrative Court.