The parking lot is too small, the car is too long – it’s tempting to simply park across the direction of travel. Smart drivers in particular often resort to this trick. But when is perpendicular parking actually allowed and what fines are there for violations? The legal situation is more complex than expected.
Legal gray area: What the law says about perpendicular parking
Perpendicular parking is in a legal gray area as the road traffic regulations do not contain any clear regulations on this. As can be seen from the article by bussgeldrechner.org, perpendicular parking is neither expressly prohibited nor permitted by law. Paragraph 12 paragraph 4 of the StVO stipulates that the right shoulder or the right edge of the road must be used for parking – but there is no specification as to whether you should park lengthwise or crosswise.
On the other hand, Section 12 Paragraph 6 of the StVO requires that “parking is to save space”, which can certainly be the case when parking perpendicularly. These provisions mean that the responsible authorities usually have to decide on a case-by-case basis whether a parking violation has occurred. The decisive factor is whether the other traffic is hindered or endangered by the perpendicular parking and whether the available parking space has been used optimally.
Smart and perpendicular parking: special case for small vehicles?
The Smart, with its length of just under 2.7 meters, is considered Germany’s shortest small car and can often fit into tiny parking spaces – even across it if necessary. However, when parking perpendicularly with a Smart, the same principles apply as with other vehicle models: If this would obstruct or endanger standing or flowing traffic, perpendicular parking with the Smart is not permitted.
In its ruling of August 23, 2005, the Viechtach District Court decided that perpendicular parking with a Smart is permissible as long as it does not increase the risk for other road users and the parking space is used to the best possible extent. However, this is only a case-by-case decision, as there is no fundamental ruling.
What fines there are for parking perpendicularly
If authorities are of the opinion that perpendicular parking is not permitted in the respective spot, a traffic ticket may result. According to the current fine table, the warning fine is between 15 and 35 euros. If traffic is obstructed by parking perpendicularly, 25 euros will be charged – if the obstruction lasts longer than an hour, the fine increases to 35 euros.
It is not possible to appeal a traffic ticket directly, but those affected have the right to a hearing and can refuse to pay the fine. This then leads to the initiation of a fine procedure, within which an objection is possible. As the ADAC reports, drivers must generally park on the right side of the road – a rule that should also be taken into account when it comes to controversial perpendicular parking.
Dominik Maier, editorial team at finanzen.net
