Electric taxis: Municipality can refuse charging cables across the sidewalk

A city administration may refuse a special use permit for two cable lines running over a sidewalk, which are intended to charge electric vehicles. This was decided by the Administrative Court of Frankfurt am Main on February 24, 2022, in a case filed under docket number 12 K 540/21.F. The ruling could be of interest to many taxi and rental car companies whose drivers are allowed to take their electric vehicle home and charge it overnight.

In the case at hand, the owner of a plug-in hybrid and a battery electric vehicle in the city of Oberursel sought to lay two charging cables from his property across the sidewalk with cable bridges, to charge his vehicles parked in the public street area for three to six hours each. Cable bridges no higher than 4.3 centimeters with colored warning markings were intended to ensure safe crossing.

The city of Oberursel rejected this, considering the cable bridges to be tripping hazards. The resident sued against this decision, arguing that, aside from the warning markings, there were not enough charging stations in the city to be able to charge his two vehicles at any time. He further argued that aspects of climate protection and the desired traffic transition were not being considered at all.

The Administrative Court dismissed this lawsuit because it had no legal objections to the decision. A special use permit under road law according to the Hessian Road Act grants the municipality discretion, and in this case, it had adhered to the legal limits of discretion. Installing a cable bridge on the sidewalk would notably restrict accessibility and create tripping hazards for people with mobility impairments who rely on the use of wheelchairs or walkers. These public concerns were deemed more significant than the private interest of the plaintiff in being able to charge his electric vehicles near his house, the court wrote in its press release.

Climate protection aspects were not among the factors that needed to be considered in the context of a discretionary decision on granting a special use permit. The court also noted that the plaintiff's mobility would not be unduly affected because he has two vehicles, which he could charge one after the other at a charging station.

The ruling is not yet final. The plaintiff could apply for leave to appeal to the Hessian Administrative Court in Kassel.