Ensure winter service / clearing and gritting obligation

Those responsible for road construction should use their best endeavours to clear snow from public roads and grit them in the event of slippery snow and ice (winter maintenance obligation within built-up areas).

The municipalities are authorised to charge the owners or those entitled in rem to use the adjacent properties and the properties accessed by the road for the costs incurred.

Cleaning includes clearing snow from pavements and pedestrian crossings as well as gritting pavements and pedestrian crossings in the event of slippery snow and ice. If there are no pavements in pedestrian zones and traffic-calmed areas, a 1.50 m wide strip along the boundary of the property is deemed to be a pavement.

In addition, those obliged to clean must clear snow from the carriageways of public roads within the built-up area in accordance with their capacity and grit them in the event of snow and ice, insofar as this is necessary to maintain public safety and order.

The Mecklenburg-Vorpommern Road and Paths Act does not stipulate any requirements for the gritting material to be used. When carrying out winter road maintenance, due consideration must be given to environmental protection concerns.

Regulatory offences

Any person who fails to fulfil the winter maintenance obligation imposed on him by a statute or assumed by him is guilty of an administrative offence if the statute refers to this provision.

It should be noted that civil liability for breach of the duty to maintain safety remains in force.