Versorgungsverkehr im Recht der nachhaltigen urbanen Mobilität
The study examines the extent to which, and by which legal instruments, supply traffic can be integrated into a concept of sustainable urban mobility in order to ensure the long-term provision of goods and services within urban neighborhoods. It proceeds from the premise that the current mobility transition appropriately reduces private motorized transport but does not sufficiently take into account functionally necessary supply traffic. Methodologically, the analysis combines a doctrinal legal approach with a systematic evaluation of the relevant regulatory frameworks, in particular road traffic law, planning and public construction law while also taking into account both formal and substantive constitutional law.
At the core of the analysis are specific regulatory constellations such as traffic restrictions and parking management measures in urban areas, which are initially examined with regard to their effects on supply traffic. Building on this, a normative framework for its consideration is developed by reference to higher-ranking law. The focus of the study lies on the analysis of ordinary statutory law, addressing how supply traffic can be integrated both de lege lata and de lege ferenda.
The study demonstrates that existing law already offers numerous starting points for taking supply traffic into account, for example through specific exemptions and differentiation mechanisms in the road laws of the federal states. At the same time, it reveals significant enforcement deficits as well as an ongoing need for further development of the law governing sustainable urban mobility.
The study contributes to both legal scholarship and transport policy debates by conceptualizing supply traffic as an independent and systemically relevant category of urban mobility. It concludes that integrated and functionally appropriate transport planning is a necessary prerequisite for ensuring the sustainable provision of goods and services in urban neighborhoods in the 21st century.
Mohr Siebeck GmbH & Co. K
978-3-16-200575-5

