Towing

In road traffic law, towing refers to the official removal of a vehicle from a road if it obstructs traffic or if such an obstruction is to be expected. The relevant regulations can be found in the Road Traffic Act (StVO) under the section regarding the removal of obstacles. The objective of this measure is to ensure the safety and flow of traffic.

Difference between stopping and parking

In road traffic, the law distinguishes between different ways in which a vehicle can come to a standstill. This distinction is legally important because different rules apply.

Stopping occurs when a vehicle is stationary for a short period. This is the case, for example, if a driver remains stationary for a maximum of ten minutes or briefly carries out loading activities.

Parking, on the other hand, occurs when a vehicle is stationary for longer than ten minutes. In this case, traffic law refers to a permanent placement of the vehicle.

Halting (Anhalten) refers to situations where the driver does not stop the vehicle voluntarily but is forced to do so by external circumstances. This includes, for example, a red light, heavy traffic, or a traffic jam.

This distinction is important because many traffic regulations expressly prohibit only stopping or only parking.

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Illegal parking in road traffic

Anyone who leaves their vehicle in a place where parking is not permitted, or where traffic is obstructed as a result, is considered an illegal parker. Typical examples include:

• Parking in a disabled parking space without a corresponding parking permit
• Leaving a vehicle in front of a house or property entrance
• Parking on the sidewalk without corresponding ground markings
• Leaving a vehicle in the area of a transit stop
• Parking at intersections, pedestrian crossings, or bicycle crossings
• Parking in curves, at narrow points, or on bridges
• Double parking

Anyone who fails to park their vehicle sufficiently close to the edge of the roadway, thereby obstructing other vehicles, is also committing an administrative offense.

Requirements for towing a vehicle

A vehicle may be removed if it obstructs traffic or has been parked in an unauthorized location.

Towing may also be permissible if no concrete obstruction yet exists, but such an impairment of traffic is to be expected.

Towing by private individuals

As a general rule, private individuals are not permitted to independently have third-party vehicles towed.

If someone has a vehicle removed without the consent of the authorized person or without an official order, this often constitutes a trespass to property (Besitzstörung). In such cases, it is an unlawful measure.

Towing is only permissible in very rare exceptional cases within the framework of so-called self-help. For this, several requirements must be met simultaneously:

• an unlawful state of affairs exists
• state assistance cannot intervene in time
• without immediate action, significant and irreversible damage is imminent

Anyone who initiates towing must prove in the event of a dispute that these requirements were actually met.

Exceptional cases for towing by private individuals

In certain situations, a person may nevertheless have a vehicle towed.

This applies, for example, if a vehicle blocks an access route that emergency vehicles require in an emergency, and significant damage is therefore imminent.

How to correctly report illegal parking

Anyone who notices an incorrectly parked vehicle should not act themselves, but should instead notify the police.

The police can check whether a traffic obstruction exists and, if necessary, arrange for towing.

Anyone who nevertheless initiates towing must inform the competent police station. In doing so, several pieces of information must be provided:

• Vehicle type
• License plate and color
• Location where the vehicle was parked
• Location to which the vehicle was taken

The police are obliged to provide the vehicle owner with information regarding the location of their vehicle.

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Competent authorities for towing measures

The district administrative authorities are generally responsible for towing measures. These include, in particular, the district commissions (Bezirkshauptmannschaften) and municipal authorities (Magistrate) in cities with their own statute.

In certain cases, municipalities may also be responsible. They perform tasks within the framework of local traffic administration and can also initiate measures for the removal of vehicles.

After the competent authorities have removed a vehicle, they also inform the nearest police station. This allows the police to provide affected vehicle owners with information as to where the vehicle has been taken.

Which entities are authorized to initiate towing

It is not only the authorities themselves that can initiate towing. Various bodies may also take action if the legal requirements are met.

These include, in particular:

• Road surveillance bodies, especially the police
• Bodies of the road maintenance authority
• The fire department
• Bodies of motor vehicle line companies (public transport)
• Bodies of railway companies

These entities can either remove a vehicle themselves or commission a towing company to do so.

Road surveillance bodies must also take action if a private individual reports a traffic obstruction and the legal requirements for towing are met.

Deadlines after towing

The competent authority informs the registered owner within one week that it has removed their vehicle and that they can take possession of it. In the case of unregistered vehicles, it informs the owner.

The following deadlines apply for collecting the vehicle:

• Vehicles with license plates must be collected within six months
• Vehicles without license plates must be collected within two months

If the authorized person does not collect the vehicle within these periods, ownership passes to the road maintenance authority after the expiry of six months.

Special rule for subsequently established no-stopping zones

A special situation arises when no-stopping signs are only put up after a vehicle has already been lawfully parked.

In such cases, the authority may generally not remove the vehicle immediately. First, it must attempt to reach the driver or the registered owner and give them a reasonable period of time to remove the vehicle themselves.

Only if the authority cannot locate the vehicle owner or if the parked vehicle significantly obstructs traffic may it initiate towing.

Costs of towing

If a vehicle was towed due to a parking violation, the vehicle owner must generally bear the costs.

In addition to a possible administrative fine, additional costs arise, for example for:

• the deployment of the tow truck
• the transport of the vehicle
• the storage of the vehicle

However, if a vehicle was towed unlawfully, the party who ordered the towing must bear the costs incurred.

Parking violations on private property

If a private parking space or a clearly assigned parking spot is blocked, the authorized person can generally take action against the illegal parker.

In many cases, it is therefore advisable to first locate the vehicle owner or notify the police. The authorities can often identify the registered owner and request that they remove the vehicle.

Contributory negligence in traffic accidents caused by illegal parking

Incorrectly parked vehicles can also play a role in traffic accidents.

If a vehicle is parked, for example, in a location with poor visibility or blocks important traffic areas, the vehicle owner may be assigned contributory negligence for an accident.

Cases in which a vehicle obstructs streetcars or other public transport are particularly problematic. In such situations, claims for damages may arise in addition to administrative fines.

Your Benefits with Legal Assistance

In practice, illegal parking and towing measures frequently lead to legal disputes. Those affected are often faced with the question of whether towing was permissible at all, who must bear the costs, or whether there is contributory negligence for a traffic accident. Especially in unclear traffic situations or in the case of privately initiated towing measures, conflicts quickly arise between vehicle owners, authorities, or property owners. Erroneous decisions can result in significant costs or legal disadvantages.

Legal support from a specialized law firm creates clarity and provides security in the enforcement or defense of claims.

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