Parking rules: Right before left does not apply automatically
Created: 07/15/2022, 15:42
By: Sebastian Oppenheimer
In principle, the road traffic regulations can apply to parking lots - but great caution is required, especially with the right-before-left rule.
If you drive into a large parking lot in a shopping center or sports arena, you will often come across a sign that says: "The StVO applies here." rule, as now a judgment of the Higher Regional Court of Frankfurt am Main (Az.: 17 U 21/22) clarifies.
Be careful in large car parks: Right before left does not automatically apply here.
(Iconic image) © Addictive Stock/Imago
Parking rules: Right before left does not apply automatically
In the case under discussion, two vehicles collided in the parking lot of a hardware store.
The validity of the StVO was ordered there by a sign.
As a result, one of those involved was convinced that the right-before-left rule also applied there, that he had the right of way - and that the other party involved in the accident was therefore to blame.
In large car parks: right before left does not apply in driving lanes
But the Higher Regional Court decided differently: the blame is divided equally among those involved.
Because according to the judgment, the rules of the Road Traffic Act are generally applicable to publicly accessible private parking spaces - but the right-before-left rule does not apply automatically.
According to the court, tramlines in parking lots are "not roads serving the flow of traffic" and therefore do not grant right of way.
What do these traffic signs mean?
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Accident in the DIY store car park: The principle of mutual consideration applies
Instead, the principle of mutual consideration applies at crossing points.
The Higher Regional Court emphasized that every driver is obliged to drive defensively and to seek understanding with the other driver.
Similar to, for example, the permitted speed on play streets, not everyone knows about this - but there are a few other mistakes in road traffic.
Large car park: "Classic" priority rules only apply to lanes with street character
According to the judgement, the “classic” right of way rules only apply if the lanes are “clear and unmistakable” as a street.
As examples, the court mainly lists structural features such as sidewalks, hard shoulders or ditches.
The width of the tramlines must also be based on normal roads.
Incidentally, similar caution is also required with traffic signs in parking garages - although they are not binding in private areas, they can still play an important role in an accident.