Advertising on trailers
Advertising Design of the Trailer
The advertising design of a trailer is generally unproblematic, as long as it is done, for example, by applying decals.
Changes to the trailer that may affect the traffic and operational safety or the environmental compatibility of the vehicle, on the other hand, must be reported immediately by the registration holder of the trailer to the Governor of the province in whose local area the vehicle has its permanent location, in accordance with § 33 KFG (Motor Vehicle Act).
Transport of Advertising Installations
Likewise, temporary advertising installations, e.g. of a mascot, on a trailer are unproblematic, as long as the general road traffic regulations for the transport of loads are observed. Longer-lasting installations, however, are in turn to be qualified as changes to the trailer requiring approval.
Parking of Advertising Trailers
In Austria, trailers without a towing vehicle may only be parked on private property or in parking lots. On the roadway – including marked parking areas at the edge of the roadway – trailers without a towing vehicle may only be parked for loading and unloading in accordance with § 23 Para. 7 StVO (Road Traffic Regulations).
Longer parking is permitted if the vehicles and containers mentioned cannot be removed immediately after loading, the removal would be an unreasonable economic impediment, or other important reasons exist for leaving them standing.
The parking of an advertising trailer without a towing vehicle does not fall under the exceptions and is therefore inadmissible. Even regular parking of an advertising trailer is therefore only possible in Austria in combination with a towing vehicle, which significantly increases the effort.
However, if the advertising trailer is not merely parked because it is not currently in motion, but is deliberately parked as an advertising space, then additional regulations must be observed:
General Parking Bans for Advertising Trailers
According to § 24 Para. 7 StVO, the road traffic authorities may generally prohibit the parking of vehicles that primarily serve advertising purposes on certain roads, parking areas or parts of a local area, either permanently, for a certain time or over a certain period.
A trailer primarily serves advertising purposes when it is de facto no longer used for its actual purpose, but primarily as an advertising space.
Whether such a regulation exists can be most easily inquired at the responsible road traffic authorities on site. These are the district authorities, the municipalities and the state police directorates.
Permit Requirement for Parking Advertising Trailers
According to § 82 Para. 1 StVO, a permit from the responsible road traffic authority is required for the use of roads for purposes other than those of road traffic, e.g. for commercial activities and advertising.
Thus, anyone who parks an advertising trailer (including a towing vehicle) e.g. deliberately on a busy road in order to place his advertising there, must obtain a permit.
Violations
Violations of these regulations are administrative offenses, which are to be punished by the authorities.
The illegal parking of advertising trailers also constitutes a violation of competition law. Competitors and associations can take action against this with warnings and lawsuits for unfair competition.