Special use of public traffic areas (scaffolding / containers)

In many cases it may be necessary to use the street, e.g. to erect scaffolding or a rubble container. Here the question of the requirement for a corresponding permit arises again and again. To answer this question, a distinction must be made with regard to the use of public roads, paths and squares

• Use in the context of common use
• special use

Within the scope of common use, everyone is permitted to use public roads, paths and spaces within the scope of the dedication and the road traffic regulations within the usual traffic limits, provided that it does not unreasonably impair the common use of others.

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

Another example of the special use of public streets, paths and squares is parking a truck with a billboard for the purpose of self-promotion. The Düsseldorf Higher Regional Court ruled on July 19, 1990 (5 Ss OWI 233/90 OWI) in application of the relevant provisions of the North Rhine-Westphalian Roads and Roads Act that parking a truck with a billboard on its open loading area for self-promotion , on a public road is no longer part of the common use to which everyone is entitled, but represents a special use that requires a permit.

• municipal administration
• Union municipality administration
• city administration