Sidewalk parking regulations: Pushing for harsher penalties towards vehicle owners
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Vehicles parked with two tires on the curb and two tires on the road, also known as parked cars on the sidewalk, are typically not allowed, but may be permitted with the right traffic sign. In some instances, this is tolerated despite the rule. In a recent case, it involved the city of Bremen.
Residents from various neighborhoods took the matter to court to stop sidewalk parking in their streets. The Higher Administrative Court of Bremen decided in March 2023 that the traffic authorities can intervene when vehicles are parked on the sidewalk, as it should not hinder the sidewalk's intended purpose. However, the court allowed for some flexibility. If the illegal parking had been tolerated for a long time, the city did not have to instantly tow the cars away. Instead, they should consider the interests of pedestrians and drivers. The court advised that they should initially create a plan for how to better consider the concerns of the residents.
Both the residents and city appealed this decision to the Federal Administrative Court. The court now states that residents can demand that the traffic authorities intervene and assess the situation - as long as the usage of the sidewalk is substantially affected and only on their side of the road up to the next intersection.
The sidewalk parking ban safeguards not only the general public but also residents who are heavily impacted when using the sidewalk near their property, the court reasoned. Since illegal parking on the sidewalk is prevalent in Bremen, the city may first identify the areas with the highest impact and prioritize streets with smaller sidewalk and road widths. This way, city-wide action can be implemented to address the issue.
The city viewed the decision as affirmation of their actions. Mobility Senator Özlem Ünsal (SPD) remarked, "We have first identified the most affected neighborhoods, prioritized streets with particularly narrow sidewalk and road width, and implemented a corresponding concept for city-wide action." They also stated their intention to "keep working together with the Bremen Interior Authority and the Order Office against illegal sidewalk parking."
The Traffic Club of Germany asserted that "parked cars have not lost any ground on the sidewalk; municipalities must act against it." They urged cities to "immediately enforce the road traffic regulations." The managing director of Environmental Aid, Jürgen Resch, commended the decision, stating "the rights of both men and women are significantly strengthened."
