Räum- und Streupflicht - Sicherstellung

The road authorities shall clear the public roads of snow and grit them in case of icy roads to the best of their ability. The duty of winter road maintenance within closed localities results from § 50 StrWG - MV.

The municipalities are entitled to charge by statute the owners or those entitled in rem to use the adjacent properties as well as the properties accessed by the road for the costs incurred (§ 50 para. 4 sentence 2 No. 3 StrWG - MV).

The cleaning includes the snow removal on the sidewalks and crosswalks for pedestrians as well as the gritting of the sidewalks and crosswalks in case of slippery snow and black ice. If there are no sidewalks in pedestrian zones and traffic-calmed areas, a strip of 1.50 m width along the property boundary is considered a sidewalk (§ 50 para. 2 StrWG - MV).

In addition, those responsible for cleaning must clear snow from the carriageways of public roads within the built-up area in accordance with their capacity and grit them in the event of slippery snow and ice, insofar as this is necessary to maintain public safety and order (§ 50 Para. 3 StrWG - MV).

The Road and Street Law of the State of Mecklenburg-Western Pomerania does not set any requirements for the gritting material to be used. Only § 50 para. 5 StrWG - MV establishes the general principle that the winter road maintenance obligation must take appropriate account of environmental protection concerns.

Administrative offences

Pursuant to Section 61 (1) No. 7 StrWG - MV, it is a regulatory offence to fail to comply with the winter maintenance obligation imposed on or assumed by a statute, provided that the statute refers to this provision.

It should be noted that civil liability for breach of the duty to maintain road safety continues to apply.

• in towns: administration of the municipality concerned
• out of town: the authority responsible for the road in question