Erlaubnis zur Sondernutzung beantragen

§ Section 8 of the Federal Trunk Roads Act (FstrG)

https://www.gesetze-im-internet.de/fstrg/__8.html

You can also use public roads and paths for purposes other than traffic and public use. To do so, you generally require a special use permit.

Anyone can use public roads, paths and squares as intended. If you want to use them for something other than intended, you generally need a special use permit.

Examples of when a special use permit may be required include

• Construction site facilities
• Sale of goods of all kinds
• Setting up tables and chairs for outdoor catering
• Erection of scaffolding and containers
• Events and street parties

Vn events for which roads are used more than is customary require a permit in accordance with the Road Traffic Regulations (StVO). This applies in particular to

• motor sport events with motor vehicles (e.g. car races)
• Cycle races, triathlon events, cycle tours with more than 100 participants or if considerable traffic disruption is to be expected,
• public hikes with more than 500 participants or on classified roads (district roads and higher),
• processions at public festivals (parades), carnival processions, etc.

Assemblies and processions within the meaning of the Assembly Act (VersammlG) do not require a permit. Customary local processions and other customary local church events as well as smaller local traditional events may also not require a permit.

• Main application:
  - Informal or by form
• Evidence (optional, depending on the type of special use):
  - Scaled site plan
  - Photos / drawings of the site
  - Construction site layout plan

Among other things:

• Written application for permission to hold an event on public roads with details of the number of participants, timetable, etc.
• Written confirmation from the organizer that the organizer is aware that the event constitutes a special use within the meaning of the Federal Trunk Roads Act or the corresponding provisions in the road laws of the federal states. In particular, the declaration must confirm knowledge of the reimbursement claims under road law, according to which the licensee must reimburse all costs incurred by the road authorities as a result of the special use. (Declaration of assumption of costs (as part of the organizer's declaration)),
• Organizer's declaration
• Confirmation from the insurance company for submission to the StVB regarding liability insurance cover for an event
• Route plan
• Proof of insurance (e.g. for accident insurance)
• Traffic sign plan and detour plan if roads have to be closed

No specific requirements are necessary.

• Cost type: variable
  - The cost amount varies depending on the type, period and area of the special use.
  - The cost amount depends on the respective fee schedule.

The fee is based on the scale of fees for road traffic measures (GebOSt) and is currently between EUR 10.20 and EUR 767.00 - up to EUR 2,301.00 for larger events with exceptionally high administrative costs.

In addition to the fee for issuing the permit, separate fees may be charged for the special use of the roads.

If you wish to apply for a special use permit, you can submit the application in writing using a form or informally to the responsible authority. The application form can be obtained from the responsible authority or, depending on the service, can be downloaded from the Internet. There is also the option of using an online service. The procedure does not change:

• You submit an application in writing using a form or informally to the competent authority.
• Describe the type, location, extent and duration of the planned special use as precisely as possible. You should also state the impact on the affected area.
• The competent authority will check the impact of the special use on the otherwise normal use and the requirements for granting a permit.
• After the examination, you will receive a notice of approval or rejection.
• The competent authority will limit the permit in time and/or issue it revocably.
• The competent authority can attach conditions and requirements to the permit, compliance with which can be monitored and violations can be punished.

The processing time varies depending on the type of special use.

Depends on the individual case.

• Deadline type: Application deadline
  Note: There is no deadline.
  
• Fristtyp: Period of validity
  Note: Limited in time or revocable.
  
• Deadline type: Objection deadline
  Note: The statutory objection period applies.

The application must be submitted in good time, at least two weeks before the start of the event - earlier in the case of large and, in particular, cross-regional events (extended consultation procedure required).

The following information is available:

• Depending on the type and scope of the special use, you should submit the application in good time in advance so that sufficient time can be allowed for the relevant inspection procedures.
• You must also apply for a permit to use the airspace above the road (e.g. for advertising structures or vending machines).
• For work on the road, an excavation certificate and a permit under road traffic law may also be required.
• Depending on the type of special use, a corresponding lead time must be planned due to the respective inspection procedures.

• Appeal
• Further information on how to lodge an appeal can be found in the notification of your application
• Appeal to the administrative court

• Special use of roads and paths Permission
• Special use of public roads, parking lots or paths (beyond public use), including but not limited to
  - Construction sites
  - scaffolding
  - containers
  - displays of goods
  - outdoor catering
  - Information stands
  - events
• Permission is granted for a limited period or respectively and subject to revocation at any time
• Permission may be subject to conditions
• Responsible: outside built-up areas - road construction authority of the respective road construction authority; within built-up areas - at the city or municipality.

If the event is limited to their areas, the local association municipality administration or the administration of the municipality not belonging to an association is responsible; in independent and large cities belonging to a district, the city administration is responsible.

Otherwise, please contact the district administration (for cross-regional events).

In the case of cross-regional events, the authority in whose administrative district the event begins decides.

For events that touch on several federal states and if the event begins in Rhineland-Palatinate, the Landesbetrieb Mobilität Rheinland-Pfalz (LBM) is responsible for issuing the permit.

• Forms available: Yes
• Written form required: No
• Informal application possible: Yes
• Personal appearance necessary: No

A permit can be issued following a written application.

The Federal Ministry of Transport has issued appropriate forms for the procedure, which are generally also available from the road traffic authorities. The road traffic authority examines the application and the documents submitted and consults the authorities to be involved (including the police and road construction authorities, forestry and nature conservation authorities).