In principle, the use of public roads and their components is permitted to everyone within the scope of their dedication for traffic (public use). Public use primarily includes traffic in the narrower sense, i.e. in the sense of locomotion, change of location, transport. In the case of certain public roads, especially pedestrian zones, this is supplemented by the so-called "communicative public use".
Any use that goes beyond the public use constitutes a special use . A special use permit under public law is required for special uses that are likely to impair the public use.
The decisive factor is always the assessment of the specific individual case. It is therefore advisable to contact the responsible road construction authority in good time.
Access roads to federal and state roads outside of the built-up area are also considered special uses under public law.
Sports events such as rallies and bicycle races or city festivals also constitute special uses, although no special use permit is required if these already require a permit or exemption under road traffic law.
The same applies to special uses for which a building permit is required under the provisions of building law (e.g. outdoor bar areas, stationary sales stands).
The granting of a special use permit is a discretionary decision; it may only be granted for a limited period of time or may be revoked, may be subject to conditions and is usually associated with the payment of special use fees.