Street sale: exemption Unfortunately this specification of service has not yet been completely translated.

Roads are reserved for road traffic. Therefore, those who want to offer goods and services on roads need an exemption permit.

Roads are usually reserved for road traffic.

According to § 33 sec. 1 of the Road Traffic Code (StVO), there is a prohibition on offering goods and services of all kinds on the road if this could distract or annoy road users in a way that endangers or aggravates traffic. In such cases, an exemption permit is required, but this can only be granted if there is an imperative requirement after careful consideration of all legal interests. The exemption permit can be applied for

  • for certain individual cases, or
  • generally for certain applicants.

The term "road" here refers to areas directly dedicated to road traffic.

The "offering of services and goods" is also subject to the advertising for it. If certain sizes of the advertising media are exceeded, building law issues must also be examined. There are special commercial regulations for types of business that are carried out only or mainly on the street (such as taxi rides, peddler sales on the street).

Evidence of the requirement for an exemption.

Hints

If, according to the overall local circumstances, a distraction or nuisance of road users that endangers or aggravates traffic cannot be assumed, no exemption permit is required under the Road Traffic Regulations, but only a special use permit in accordance with the road laws of the Federal Government or the Länder.

Exemptions are only granted if urgently required, with due regard in particular to the safety and order of traffic (discretionary decision).

  • §§ 33 Abs. 1, 46 Abs. 1 Satz 1 Nr. 9 Straßenverkehrs-Ordnung (StVO),
  • Schedule of Charges for Road Transport Measures (RFees), Fee No. 264.

Related Links

  • StVO
  • GebOSt

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