Service Finder
Street sale - exemption
Service Description
Roads are generally reserved for road traffic.
Pursuant to Section 33 (1) of the German Road Traffic Regulations (StVO), it is prohibited to offer goods and services of any kind on the road if this could distract or inconvenience road users in a way that endangers or aggravates traffic. In such cases, an exceptional permit is required, which, however, can only be granted in cases of compelling necessity after careful consideration of all legal interests. The exceptional approval can be applied for
- for specific individual cases or
- generally for certain applicants.
The term "street" here refers to areas directly dedicated to road traffic.
The "offering of services and goods" also includes the advertising thereof. If certain sizes of advertising media are exceeded, building law concerns must also be examined. Special commercial regulations exist for types of trade that are only or mainly carried out on the street, such as cab services, peddler sales on the street, etc.
Who should I contact?
Please contact the road traffic authority responsible under state law.
In the Free State of Thuringia, these are the counties, independent cities and particularly designated municipalities belonging to counties. In case of validity beyond the area of the local traffic authority, the Thuringian State Administration Office is responsible.
Which documents are required?
- Evidence of the need for an exemption.
Applications are to be submitted informally (with justification).
What are the fees?
According to the Fee Regulations for Road Traffic Measures (GebOSt), there is a fee range of 10.20 euros to 767.00 euros per exception and vehicle / person.
What deadlines do I have to pay attention to?
Applications are not subject to deadlines, but should be submitted as early as possible.
Legal basis
- § 33 Para. 1 i. V. m. § 46 Para. 1 No. 9 Road Traffic Regulations (StVO)
- Fee No. 264 of the Fee Regulations for Road Traffic Measures (GebOSt)
Applications / forms
The decision (administrative act) on the application may be appealed. The responsible appeal authority is the Thuringian State Administration Office as the upper road traffic authority.
What else should I know?
If, according to the overall local circumstances, it is not to be assumed that there will be a distraction or nuisance to road users that will endanger or aggravate traffic, no special permit is required according to the Road Traffic Regulations, but only a special use permit according to the road laws of the federal government or the federal states. Exceptional permits are only granted in the event of urgent necessity, with due consideration given in particular to the safety and order of traffic (discretionary decision).
Author
The text was automatically translated based on the German content per DeepL.
Source: Zuständigkeitsfinder Thüringen (Linie6PLus)
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