Road traffic; regulation of moving and stationary traffic, traffic regulation through signage
Brief description
The regulation of moving and stationary traffic is the responsibility of the road traffic authorities. In Bavaria, these are the district municipalities, district administration offices, independent municipalities and large district towns.
Description
The tasks of the road traffic authorities include in particular
- Traffic regulation through signage,
- safety on the way to school,
- the permission of events in the street area,
- the granting of parking concessions for people with disabilities,
- the authorization of special transports,
- the granting of exemptions from the ban on driving on Sundays and public holidays,
- the implementation of traffic surveys and
- road safety work in the local accident commissions.
In principle, the German Road Traffic Regulations (StVO) stipulate general and special rules of conduct for road users (e.g. the requirement to exercise caution and consideration).
Where this is not sufficient to ensure the safety and ease of traffic, the road traffic authorities can order the installation of traffic signs (such as danger signs, regulatory signs or direction signs), traffic facilities (such as traffic lights, barriers or guidance systems) and markings (such as crosswalks, guidelines, lane markings or stop lines). The regulations ordered in this way take precedence over the general traffic regulations.
However, road traffic authorities may only order signage where this is absolutely necessary due to the particular circumstances. In particular, restrictions and bans on the flow of traffic may generally only be ordered if the particular local conditions pose a danger that significantly exceeds the general risk of an impairment, in particular of the safety or order of traffic.
Whether and which traffic regulation is necessary in a specific individual case is decided ex officio by the competent road traffic authority, taking into account the particular local and traffic circumstances. The road traffic authority always consults the road construction authority and the police to assess the local conditions. Decisions are at the dutiful discretion of the competent road traffic authority. All interests, i.e. not only the importance of the road for traffic but also those of road users, residents or commercial enterprises, must be taken into account and weighed up. The principle of proportionality must be observed.
Although the tasks of the road traffic authorities are basically aimed at protecting the general public and not at safeguarding the interests of individuals, you as a road user or resident can also question existing signage or suggest the installation of new signage. You do not have a legal right to specific signage. However, you can demand that the road traffic authorities exercise their discretion in accordance with their duties if you are affected as a road user or resident. Qualified" interests include, in particular, interference with personal freedom of action, interference with the freedom to exercise a profession and interference with the right of the landowner or the owner of an established and practiced business to use the road.
Information can be obtained from the road traffic authorities at the district offices, independent towns and municipalities.
For federal highways under federal construction responsibility, the federal administration, predominantly Autobahn GmbH des Bundes, and in some cases also the Federal Highway Authority, assumes traffic authority tasks.
Legal basis
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