The Berliner Verkehrsbetriebe (BVG) may move cars that block buses and trams. That was the decision of the administrative court in Berlin and the first time the new regulation under the Mobility Act was reviewed, as a spokesman announced on Monday.
Since January 2020, the BVG has also been sending its own towing vehicles to clear their routes more quickly. The legal basis for this was created with the Mobility Act passed in 2018.
From the point of view of the court, this is not objectionable. The BVG carries out regulatory tasks as part of averting danger, it said. (Az. VG 11 K 298/21).
In the specific case, a car owner complained whose car was parked less than 15 meters from a bus stop in the early morning hours of October 25, 2020 in Berlin-Weißensee. A BVG employee arranged for the vehicle to be moved.
According to the fee notice, the car owner should pay 208.33 euros for this. On the other hand, he defended himself in court with the argument that he had not obstructed anyone.
However, he was unsuccessful in doing so. A specific hindrance is not necessary in such a case because the smooth running of local public transport is more important, argued the responsible 11th chamber.