Bremen Administrative Court
Verdict: Authority must take action against parking on the sidewalk – around 50,000 cars affected
Parking on the sidewalk must be pursued more closely in Bremen in the future (symbol image)
© Uli Deck / Picture Alliance
Parking on the sidewalk is forbidden, even if it is often tolerated, at least in Bremen. The administrative court has decided that the administrative offense should now be prosecuted more closely. The parking situation in the Hanseatic city is likely to exacerbate this further.
Finding a parking space is a difficult undertaking in many (large) cities: Most cars are not moved for most of the day and block the already scarce space. Motorists have developed their own tricks for this, such as parking on top. The vehicle is parked with one side on the sidewalk. Actually, this is not allowed, but it is often practiced and tolerated.
But that could change now. In a judgment, the Bremen Administrative Court ruled in favor of the residents of three centrally located streets in Bremen who had complained about this form of parking. The court ordered the transport authority to reconsider an application by the plaintiffs, which the authority had rejected in 2019. The residents had demanded that the traffic authority take “appropriate and effective measures against regular sidewalk parking”, as stated in the administrative court’s decision.
Bremen: Authority must take action against parking
According to the court, sidewalk parking significantly impedes pedestrian traffic, especially with regard to the already narrow sidewalks. Since the violations are frequent and permanent, the residents are restricted in their right to use the paths to their houses. The traffic authorities would have other means at their disposal than just putting up signs – for example towing parked cars. The court did not want to recognize a “customary right” for drivers.
The traffic authority had initially referred to the responsibility of the police and public order office. But since the ban on the attached park is based on the road traffic regulations, the people in Bremen who were affected filed their complaint against the traffic senator. According to the judgment of the administrative court, this must now take care of the problem.
Difficult parking situation
According to Carsten Bauer, spokesman for the administrative court, the problem was discussed for the first time ever in case law. First of all, the judgment only refers to the three streets in Bremen whose residents had complained. Nevertheless, the decision could have far-reaching consequences: According to the “Weserkurier”, the traffic authority estimates that around 50,000 vehicles are parked in Bremen – and thus illegally.
So far, this has been more or less tolerated. Should the administrative offense now be prosecuted more closely, this would probably lead to a further aggravation of the already difficult parking situation in the Hanseatic city. First of all, however, the traffic senator in Bremen has appealed against the judgment of the administrative court.
Swell: Bremen Administrative Court / “taz” / “Weser Courier”