Use of public roads; applying for a special use permit for district, municipal or through roads

In principle, anyone is permitted to use public roads and their constituent parts within the scope of their designation for traffic (public use). Public use primarily encompasses traffic in the narrower sense, i.e. in the sense of movement, changing location and transport. In the case of certain public roads, particularly pedestrian zones, this is supplemented by what is known as ‘communicative public use’.

Any use that goes beyond public use constitutes a special use. A special-use permit under public law is required for special uses that are likely to interfere with public use.

Special uses of public roads take a wide variety of forms:

• A special use permit is required, for example, for setting up market stalls, sales stands, vending machines, tables and chairs, or bicycle racks, for example in front of restaurants.
• The same applies to the use of the street for other commercial purposes, e.g. the distribution of promotional material, conducting sales pitches, carrying out sales transactions – even without the use of fixed sales and promotional stands – as well as musical performances or so-called street art.
• By contrast, the mere expression of opinions through the distribution of leaflets or flyers, through conversations, etc., without the use of technical aids such as information stands or poster stands, generally falls within the scope of fair use. This is particularly significant in the context of political activities.
• Depending on local circumstances, the installation of advertising signs or vending machines that protrude into the airspace above the road may also be deemed to constitute a special use requiring authorisation.
• The key factor is always the assessment of the specific individual case. It is therefore advisable to contact the relevant road authority in good time.

Access roads to district and local roads outside built-up areas are also classified as special uses under public law. The granting of a special-use permit is a discretionary decision; it may only be granted for a fixed period or subject to revocation, may be subject to conditions, and is usually subject to the payment of special-use fees.

Sporting events such as rallies and cycle races, or town festivals, also constitute special uses; however, no special-use permit is required if these events are already subject to a permit or exemption under road traffic law. The same applies to special uses for which a planning permission is required under building regulations (e.g. outdoor drinking areas, fixed sales stalls).