Legal information about prohibition signs
Saturday, December 15, 2018
When designing and attaching prohibition signs , it depends on whether it is a warning sign or whether it is only intended to pronounce a ban that the operator wants.
A missing sign, for example "Do not use the elevator in the event of a fire" , can have legal consequences if people are injured. In the event of damage or accident, the operator of a system must prove that his signage has warned of a hazard in accordance with ISO 7010 .
Taking dogs with you is also a good example. In a hospital or a food processing plant it is absolutely mandatory for reasons of hygiene. The owner of a clothing store certainly has good reasons for the ban, but can design the prohibition sign as he likes without the risk of legal disadvantages.
But bans also have limits. Nobody has to comply with a clothing ban in a department store and a smoking ban in an apartment building only affects the general rooms, not the apartments.
If it appears that the prohibition sign is intended to be a traffic sign to influence traffic, Section 132 of the Criminal Code may also apply. Assault could result in a prison sentence of up to two years.
Anyone putting up prohibition signs outdoors should therefore ensure that they do not resemble traffic signs. For example, if you do not want drivers to drive into a driveway, you should choose a test sign instead of one of the official signs 250 - 267.
Regulation or not - that is the question
Whenever it comes to averting a danger through the ban, it can be assumed that there is at least one indirect regulation. This primarily applies to prohibition signs at workplaces, but trade regulations and building regulations can also contain regulations. Most of the time, however, verbosity signs are about a disclaimer.A missing sign, for example "Do not use the elevator in the event of a fire" , can have legal consequences if people are injured. In the event of damage or accident, the operator of a system must prove that his signage has warned of a hazard in accordance with ISO 7010 .
Distinction between voluntary and mandatory signage
One and the same prohibition can exist voluntarily or by regulation . The sign "No smoking" is relevant to safety in the vicinity of a petrol station and must therefore comply with the standard. If, on the other hand, there is only a desire to keep a room smoke-free, this can also be expressed with a pure no-smoking text sign or even a funny sign.Taking dogs with you is also a good example. In a hospital or a food processing plant it is absolutely mandatory for reasons of hygiene. The owner of a clothing store certainly has good reasons for the ban, but can design the prohibition sign as he likes without the risk of legal disadvantages.
Who must adhere to the prohibition signs
As a rule, visitors must always comply with the prohibitions stated on the signs, because the head of the house has domiciliary rights. Even the ban on wearing clothes can be legal, for example in a sauna or on a private nudist beach.But bans also have limits. Nobody has to comply with a clothing ban in a department store and a smoking ban in an apartment building only affects the general rooms, not the apartments.
Prohibition signs in public space
Putting up signs on streets and squares is a sovereign task. According to § 33 Para. 2 StVO, signs that can be confused with official signs may not be placed where they affect traffic. There is a small fine of 15 euros.If it appears that the prohibition sign is intended to be a traffic sign to influence traffic, Section 132 of the Criminal Code may also apply. Assault could result in a prison sentence of up to two years.
Anyone putting up prohibition signs outdoors should therefore ensure that they do not resemble traffic signs. For example, if you do not want drivers to drive into a driveway, you should choose a test sign instead of one of the official signs 250 - 267.
