According to the Administrative Court of Neustadt an der Weinstraße, owners must place their waste garbage cans somewhere other than their property if it cannot be accessed by the waste collection service for factual or legal reasons (AZ: 4 K 488/22.NW). This applies in particular if access is only possible in reverse. The reason for this is that reversing is to be avoided according to the accident prevention regulations of the accident insurance institutions.
In the specific case, the owners (plaintiffs) from the district of Kusel objected to an order from the district administration to place their garbage cans on the road 50 meters away from their property. Their property can only be reached via a narrow access road that does not offer any turning options. They argued that their neighbor allows garbage trucks to turn around on her parking area and that the company backs up to other properties.
The Chamber rejected these arguments. It maintained its view that the order was lawful. It was not clear whether the said turning possibility was actually suitable and legally secured. The company could not be forced to violate accident prevention regulations by reversing onto the plaintiffs' property. It is up to the company to decide what liability risks it can take. Furthermore, there is an increased risk of accidents by driving backwards, which can be avoided by placing the garbage cans 50 meters further away.
Source: vgnw.justiz.rlp.de/AZ: 4 K 488/22.NW
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