Special use of public traffic areas (scaffolding / containers)

In many cases, it may be necessary to use the road to erect scaffolding or a construction waste container, for example. This always raises the question of whether a corresponding permit is required. To answer this question, a distinction must be made with regard to the use of public roads, paths and squares between

• Use within the scope of public use
• Special use

Within the scope of public use, everyone is permitted to use public roads, paths and squares within the scope of the dedication and the road traffic regulations within the customary limits, provided that they do not unreasonably impair the public use of others.

If a road is used beyond public use, e.g. as a sales area in front of a store or for the erection of scaffolding or construction waste containers, this is a special use requiring approval in accordance with Section 41 of the State Roads Act.

Another example of the special use of public roads, paths and squares is the parking of a truck with a billboard for the purpose of self-promotion. In its decision of 19.07.1990 (5 Ss OWI 233/90 OWI), the Düsseldorf Higher Regional Court, applying the relevant provisions of the North Rhine-Westphalian Road and Paths Act, ruled that the parking of a lorry with a billboard attached to its open loading area for self-promotion on a public road is no longer within the scope of the public use to which everyone is entitled, but constitutes a special use requiring a permit.

Note:

Ms. Lauer is responsible for special use requiring approval (scaffolding / containers).

Ms. Blum and Ms. Heringer are responsible for special use requiring approval (posters, advertising systems, information stands).

• Municipal administration
• Municipal administration
• City administration