Changes to the current procedure are underway. - Court rules on vehicles driving on sidewalks.
On Thursday at 10 am, the Federal Administrative Court in Leipzig will examine whether people can legally take action against vehicles parked on sidewalks. Usually, it's not allowed for drivers to park their cars on the sidewalk unless given permission, such as when using two wheels on the pavement. In many cities, this is a common practice that law enforcement seems to tolerate. According to Henning J. Bahr, a legal expert in administrative law from Osnabrück, the court's decision might set an important precedent.
Five plaintiffs, who happen to be property owners from Bremen, have filed a lawsuit against the city for failing to control parking on sidewalks. One of the plaintiffs confirmed their status when asked. The plaintiffs are demanding that the traffic authority takes steps to prevent this practice. The defendant in this case is the city of Bremen. The court has organized a single hearing date. A court spokesperson said she couldn't predict whether or not the court would announce its decision on that same day.
In 2021, the Bremen Administrative Court determined that the plaintiffs are allowed to ask the traffic authority to take action. They can decide which strategy to adopt. However, unlike the lower court, the Bremen Higher Administrative Court concluded in a 2022 ruling that while the authority has some discretion in deciding whether to take action, it can't simply do nothing. The authority must, for instance, explain why it declines to install one-sided parking prohibition signs, which would be relatively easy to install.
Bahr claims that this ruling by the administrative court is the first time residents have been given the right to battle against parked vehicles on sidewalks. If the Federal Administrative Court rules in favor of the plaintiffs, people throughout the country may be able to fight back against parked sidewalks. There's even a possibility that they could challenge other persistent violations, like speeding in residential areas. If the court rules against the plaintiffs, the Bremen case's legal precedent could be reversed.
The plaintiffs haven't revealed their intentions if their case fails. If they win, they want to share their thoughts. The Bremen Mobility Department hasn't estimated the case's outcome before the trial started. The Federal transport ministry also remained silent when asked for comment.
Read also:
- The hearing at the Federal Administrative Court in Leipzig on Thursday is about the legality of property owners from Bremen taking action against vehicles parked on sidewalks, a common practice in many cities that often goes unchecked by law enforcement.
- If the Federal Administrative Court rules in favor of the plaintiffs, residents across Germany might have the right to challenge other persistent violations, such as speeding in residential areas.
- The Federal Administrative Court in Bremen previously determined that the plaintiffs can ask the traffic authority to take action, but the city can't simply ignore the issue, citing discretion as its reason for inaction.
- In 2022, the Bremen Higher Administrative Court ruled that the authority must provide justification for its decision to not take action, such as by explaining why it doesn't install one-sided parking prohibition signs.
- The Federal Administrative Court's decision on Thursday could have significant implications for traffic regulations in cities across Germany, potentially setting a precedent for resident-led challenges against traffic violations.
