local residents have ban no General entitlement to a Park in a narrow street, in order to get the better of your property on the roadway. The decision of the Federal administrative court. Complained a man who does not come risk-free from his exit.
Although the Park is opposite an exit in a narrow street, normally inadmissible, the court found. It is clause 12, paragraph 3, point 3 of the rules of the road confirmed it.
the plaintiff in the specific case, however, nothing. Up to three shunting operations were reasonable, it said in the verdict. “At the exit, there is repeated damage to cars,” said the 59-Year-old on the verge of the procedure. The road is 5.50 m wide. If a car in front of the exit of the Park, there remained only 4.75 meters, including the sidewalk.
5.50 meters width of the road is “narrow”
The man had failed with his appeal before the administrative court (VGH) in Mannheim. The VGH had not considered the disputed paragraph, however, as unconstitutional and void, because the concept of “narrow roadway” does not satisfy the constitutional requirements of definiteness of standards.
This line of reasoning the Federal administrative court has not followed. Although the term was not very concrete, but in conformity with the Constitution.
According to the rules, a carriageway is narrow, if the Parking area opposite the Property and exit the use of which would interfere in an unreasonable manner, stated in the explanatory note to the Federal judge. This is driving the case, not tracks with a width of 5.50 meters in the rule.