Permit for Road Use

A permit for road use is required for anyone who uses a public road not exclusively for traffic. If someone uses a road for other purposes, such as advertising, sales stands, events, or gastronomic facilities, this constitutes so-called non-traffic use. In such cases, Austrian traffic law generally requires prior approval from the competent authority.

Legal Basis for Road Use in Austria

The use of public roads in Austria is regulated by several provisions of the StVO. The most important regulations concern the requirements for a permit, the official review process, and possible administrative penalties.

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Non-Traffic Use of Roads

A road primarily serves public traffic. However, if someone uses it for other purposes, this constitutes non-traffic use. In such cases, the law regularly requires prior approval.

Typical examples of non-traffic use include:

• Setting up advertising stands or billboards
• Sales stands or information booths in public areas
• Self-service facilities
• Outdoor dining areas with tables and chairs on sidewalks
• Banners across roadways
• Events or promotions in public road spaces

Even parking motor vehicles or trailers without license plates can constitute use requiring a permit.

Permit Requirement

According to § 82 StVO, a permit is required if someone uses a road for purposes other than traffic and thereby particularly influences traffic.

A permit is particularly required if people cause crowds, distract drivers, set up facilities or objects in public road spaces, or finally, park vehicles without license plates in public areas.

The provision therefore serves not only traffic organization. Rather, case law also considers it a protective law. This can, under certain circumstances, lead to civil liability consequences in the event of violations. Civil claims for damages may arise under certain circumstances.

Cases Without Permit Requirement

Not every use of a road requires official approval. The Road Traffic Act provides for several exceptions.

No permit is required, among other things, for:

• commercial activities on sidewalks and footpaths under certain conditions
• activities whose operating facility has already been commercially approved
• measures for the removal or repair of inoperable vehicles
• work for the construction, maintenance, or cleaning of the road
• certain activities within the scope of removals

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Permit Application Process

Anyone wishing to use a road for non-traffic purposes must submit an application to the competent authority before commencing the activity. In many cases, the municipality is responsible.

Before granting the permit, the authority particularly examines the following criteria:

• Is safety impaired?
• Is traffic flow disrupted?
• Are other road users endangered?
• Are there significant obstructions for pedestrians?

The relevant examination standards result from § 83 StVO. Only if it can be ruled out that the use will significantly impair traffic may the authority grant a permit.

Intervention Powers of Road Supervision

Even if a permit has already been granted, the use of the road remains under the control of the authorities.

Road supervision authorities can temporarily prohibit an approved use if this is necessary for reasons of traffic safety. This can happen, for example, in cases of unexpectedly high traffic volume or special hazard situations.

Administrative Penalties for Lack of Permit

Anyone who uses a road without the required permit commits an administrative offense. The sanctions result from § 99 StVO. A penalty can be imposed, in particular, if individuals set up facilities without approval, display advertising in public road spaces without a permit, or unlawfully park vehicles without license plates in public areas.

In addition to a fine, the authority can also order the immediate removal of the facilities or objects.

Typical Practical Cases in Traffic Law

In practice, similar constellations requiring a permit repeatedly arise.

Particularly common are:

• parking vehicles without license plates during re-registration
• vehicles with interchangeable license plates that are temporarily parked without license plates
• sales offers on vehicles via notes or signs
• temporary advertising facilities in front of shops
• events or promotional activities in public spaces

Since the permit has a constitutive character, it must always be obtained before use. Subsequent approval is not legally possible.

Your Benefits with Legal Assistance

The question of whether road use requires a permit may seem simple at first glance. In practice, however, legal uncertainties often arise, particularly with regard to advertising facilities, events, or commercial activities in public spaces.

Legal advice offers several advantages:

• legal review of the permit requirement in individual cases
• support with the application to the competent authority
• representation in administrative proceedings
• legal support in administrative penalty proceedings
• advice on liability issues and claims for damages

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