Public road space is used in a variety of ways. When events are held on public roads, the requirements of the Bavarian Road and Street Act (BayStrWG), the Federal Highway Act (FStrG) and the Road Traffic Regulations (StVO) must always be observed. The StVO designates everything that is not part of the normal use of the road as "excessive road use" and places this under a special reservation of permission. Appropriate permits are issued by the municipalities or the district offices, independent cities or large district towns, and by the governments in the case of supraregional events.
In our society, there is often a desire to use public street space for events. In addition to recreational events, these desires for use also include the preservation of customs.
Depending on the classification of the roads on which an event is planned (i.e. whether it is a federal, state or district road or a municipal road), the district office, the independent city, the large district town or the municipality can permit corresponding events during which the roads are used in a manner that is more than usual for traffic.
In the case of supra-regional events, i.e. if these also extend to the territory of other federal states or to neighboring countries, or if more than three Bavarian administrative districts are affected, the governments are responsible (see "Related topics": "Road use; applying for a permit for a supra-regional event").
The events eligible for permission are in particular:
- Motor sport events with motorcycles
- Races with motor vehicles
- Ralley special tests
- Vintage car events
- Cycling races
- Triathlon events
- Popular cycling events
- Relay races
- Popular walks
- Parades (e.g. festival parades, carnival)
- Church events (e.g. procession)
The responsible licensing authority will usually determine the licensing requirements together with the organizer, the other agencies affected by the planned event, and the police. The summary of the requirements and conditions for the event is issued to the organizer as a so-called permit notice (§ 29 para. 2 StVO).
Depending on the type and size of an event, other official permits may also be required, e.g. under trade law, restaurant law or the State Criminal and Ordinance Law. These may impose further requirements on the event organizer in the form of conditions, e.g. concerning the development of a safety concept, fire protection, rescue and escape route concepts, youth protection or the provision of a security service.
Even if events do not take place exclusively on a road, but nevertheless have an impact on road traffic, such as street festivals or markets established in accordance with the commercial code, this may require measures under road traffic law. Conceivable measures include ordering no-stopping zones to create the event area or ordering detours, around the event area.
Contact your municipality or county administrative authority as early as possible for events on or affecting public roads. They will help you with regard to the question of whether or which permit is required in the specific case.