Road traffic; regulation of moving and stationary traffic, traffic regulation through signage

The tasks of the road traffic authorities include in particular

• Traffic regulation through signage,
• school road safety,
• the authorization of events on the roads
• granting parking concessions for people with disabilities,
• the authorization of special transports,
• granting exemptions from the ban on driving on Sundays and public holidays,
• carrying out traffic inspections and
• road safety work in the local accident commissions.

In principle, the German Road Traffic Regulations (StVO) contain general and special rules of conduct that specify how road users must behave on the roads (e.g. the requirement to exercise caution and consideration).

Where this is not sufficient to ensure the safety and ease of traffic, the road traffic authorities can order the installation of traffic signs (such as danger signs, regulatory signs or direction signs), traffic facilities (such as traffic lights, barriers or guidance systems) and markings (such as crosswalks, guidelines, lane markings or stop lines). The regulations ordered in this way take precedence over the general traffic regulations.

However, the road traffic authorities may only order signage where this is absolutely necessary due to the specific circumstances. In particular, restrictions and bans on the flow of traffic may generally only be imposed if the particular local conditions create a hazardous situation that significantly exceeds the general risk of an impairment of traffic safety or order in particular.

Whether and which traffic regulation is necessary in a specific individual case is decided ex officio by the competent road traffic authority in knowledge of the particular local and traffic circumstances. The road traffic authority always consults the road construction authority and the police to assess the local conditions. Decisions are at the dutiful discretion of the competent road traffic authority. All interests, i.e. not only the importance of the road for traffic but also those of road users, residents or commercial enterprises, must be taken into account and weighed up. The principle of proportionality must be observed.

Although the tasks of the road traffic authorities are fundamentally aimed at protecting the general public and not at safeguarding the interests of individuals, you as a road user or resident can also question existing signage or suggest the installation of new signage. You do not have a legal right to specific signage. However, you can demand that the road traffic authorities exercise their discretion in accordance with their duties if you are affected as a road user or resident. Qualified" interests include, in particular, an impairment of personal freedom of action, an impairment of the freedom to exercise a profession and interference with the right of the landowner or the owner of an established and practiced business to use the road.

Information can be obtained from the road traffic authorities at the district offices, independent towns and municipalities.

In the case of federal highways for which the federal government is responsible, the federal administration, mainly Autobahn GmbH, and in some cases the Federal Highway Authority (Fernstraßen-Bundesamt), is responsible for traffic authority tasks.