Montag, 28.10.2019
Update on parking discs in traffic law
from
Dr. jur. Ingo E. FrommLawyer
Specialist in criminal law
Specialist in traffic law
Give me a call: 0261 - 404 99 25
E-Mail:
A parking offense is also committed by anyone who parks their vehicle and attaches a prescribed parking disc in accordance with § 13 para. 2 p. 1 no. 2 StVO in the field of vision of the windshield that does not meet the legal requirements. The provision of § 13 StVO refers to "Figure 318", which shows a parking disc. The parking disc must comply with Appendix 3, Section 3 No. 11, to § 42 Para. 2 StVO, which prescribes the dimensions of 110 mm x 150 mm. This legally defines the term "parking disc". A smaller parking disc, measuring 40 mm x 60 mm, does not meet this requirement. It is in the spirit and purpose of the law that a parking disc must have a certain minimum size that allows for easy reading of the set time. The numbers and writing must comply with DIN 1451 ("Signs for Road Traffic"). Although the case involved only a fine of €5, the Higher Regional Court of Brandenburg took on the case. Parking discs are often issued to customers for advertising purposes, and experience shows that a large proportion of them do not meet the mandatory requirements. The Higher Regional Court incidentally clarified that a note attached to the parked vehicle with the start of the parking time noted on it by hand does not replace the required parking disc. The fact that in practice no warning is usually issued is a different matter; in the fine proceedings, the opportunity principle applies. Since the StVO prescribes a blue and white parking disc, a pink parking disc with the inscription "Lady on Tour", which is available in shops, does not meet the legal requirements, which is why the city of Sankt Augustin imposed a fine. An integrated ice scraper on one of the edges does not immediately invalidate a plastic parking disc. Electronic parking discs are generally permissible if they have a type approval. They must automatically set themselves to the start of the parking time when the engine is switched off with the help of an electronic motion detector. The driver does not have to set the timer themselves. The time must not "run down" while the car is parked, i.e. the time of parking must not change. The digital time on the display of a parking disc must be at least two centimeters high to ensure good readability; the word "arrival time" must be written above the display. Advertising on the front is not allowed. The same applies to motorcyclists when using parking discs; they must also use a parking disc in principle. There are perforated models available that can be attached to the motorcycle using a cable tie, for example.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.