The expiry of the operating permit for vehicles!

Reading time 7 Min.

With special departments like that SOKO "Autoposer" is the subject Tuning on the vehicle more and more in focus. The specialized departments and concepts are used to identify and penalize illegal conversions. The StVZO contains various for vehicles with German registration Equipment regulations, however, pulls not any violation will result in the expiry of the operating license.

Definition of the operating license

Among other things, a vehicle that is subject to mandatory registration may only be registered in Germany in accordance with Section 3 (1) sentence 2 FZV if it corresponds to an approved type or a one-time permission is present. The operating license with the technical requirements for the vehicle in accordance with Section 19 (1) StVZO must be available when applying for approval. Only then is admission even possible. So the operating permit is not only granted with approval.

Approved types / individual approvals

Approved type

• In view of the large number of approvals, it is almost impossible to obtain a separate approval for each individual vehicle. Therefore, the § 20 StVZO allows the manufacturers of vehicles for serial production ("Vehicles to be manufactured / manufactured in rows") the issuance of a general operating permit with general validity for the same vehicles at your own expense. If about BMW brings a new 3 Series on the market, then the carmaker only brings it An operating permit, which then applies to all identical vehicles of the type.

one-time permission

• If the vehicle does not correspond to an approved type, a individual operating permit can be applied for (§ 21 StVZO), which requires the opinion of a technical service or an officially recognized expert. These special tests are extensive, costly and luckily the exception.

Reasons for the expiry of an operating license

The operating permit has according to § 19 Abs. 2 S. 1 StVZO unlimited validity. When deregistering and re-registering is save new operating permit required. An expiry of the operating license is possible, for example, if a conscious change (no wear and tear) is carried out on the vehicle (Section 19 (2) sentence 2 StVZO) and at least one of the following changes has been made.

Changes to the permitted type of vehicle (Section 19 Paragraph 2 Sentence 2 No. 1 StVZO)

• The vehicle type (e.g. car, truck, moped) is determined with the operating license and can be found in the vehicle documents or the operating license. The operating permit erlischtif, for example, the following changes are made to the vehicle:

moped

• Will be on a Moped-25 the throttle for the speed removed, it becomes a Scooter-45 and therefore there is a risk to other road users (Section 19 Paragraph 2 Sentence 2 No. 2 StVZO). It is about no real danger, however, about the possibility of a hazard in the sense of a Near misswhich can occur with a certain probability. Only the possibility that there will be a hazard could, however, is not enough. This must occur with a certain probability.

Films toning

• When attaching a dark Window film On the windshield and on the front side windows, a hazard to other road users can be expected due to the restricted view. More information can be found in our article "Tip: Window tinting - What is allowed and what is not?".

Direction indicators

• If the vehicle is in US look converted so that the direction indicators in the front area light up permanently, this is considered to be Violation of the equipment regulations, however is save a sufficient probability of a hazard to other road users can be expected.

Change in noise and emissions

Deliberately made changes to the vehicle in terms of noise and / or exhaust emissions, which lead to a deterioration (Section 19 Paragraph 2 Sentence 2 No. 3 StVZO) are:

• Remove the DB eaters from the muffler
• Drill holes in the exhaust system
• Remove the catalyst (KAT dummy)

What exactly is tuning the exhaust must be observed, that is in our posts "Is a self-made performance exhaust system legal?","Tuning on the exhaust - what is still allowed?"And the contribution"Enlightenment - flap exhaust legal, or not? The info!“Discussed.

No independent expiry if the inspection is not accepted

The opinion that the operating license according to § 19 Abs. 3 S. 2 StVZO also without the existence of the above-mentioned facts from Section 19 (2) StVZO expires after the installation of an approved accessory if restrictions are not observed and no inspection has been carried out nicht richtig. One simply assumes an independent, fourth extinction condition. In § 19 Abs. 3 StVZO it is only stipulated that, if through the installation of accessories a Fact of extinction of Section 19 (2) StVZO has occurred, the operating license does not expire as an exception if the installation instructions and restrictions in the type approval or the operating license for the parts have been complied with (e.g. through an inspection).

Certain requirements erlauben by installing accessories, changes to the vehicle type, exhaust gas or noise behavior, without the operating license expiring. The operating license only expires if the instructions for installation and the restrictions ignored were (exception to exception). The prerequisite for this, however, is that the fact of the extinction exists at all (Section 19 (2) StVZO).

Example

• Will be in the vehicle about thread springs or Lowering springs built in, is no direct hazard expected from other road users and there has been no change in the vehicle type or the noise and exhaust emissions. Failure to perform the inspection, which is prescribed in the parts certificate no direct expiry of the operating license, because the fact of the opening according to § 19 Abs. 2 StVZO does not exist.

Legal consequences if the operating license expires

The expired operating license is a misdemeanor and leads to administrative consequences. Anyone who drives a vehicle, permits it, etc., even though the operating permit (BE) has expired, is one, according to the BKatV misdemeanor guilty:

Commissioning of the vehicle despite the expired operating license

Vehicle used despite extinguished BE	Driver	Holder
Basic fact	50 euros fine	50 euros fine
Traffic safety severely impaired	90 euros fine, 1 point, B violation	135 euros fine, 1 point, B violation
Road safety severely impaired (truck or bus)	180 euros fine, 1 point, B violation	270 euros fine, 1 point, B violation
Environment badly affected	90 euros fine	135 euros fine
The environment is badly affected (truck or bus)	180 euros fine	270 euros fine

The preservation of evidence comes, with the exception if the infringement a cash warning is issued on siteto be of great importance. Often a few are enough Photos by the police, but in difficult cases the Confiscation or seizure of the vehicle. Section 94 (1) or (2) stop in conjunction with Section 46 OWiG may be necessary as evidence. In addition, is also the purpose of the ride decisive, since according to § 19 Abs. 5 S. 2 StVZO trips with expired operating license are still permitted.

Necessary renewal of the operating license

• The expiry of the operating license not the expiry of the license. However, the vehicle may only be used again if the operating permit has been received from the responsible registration office was newly granted. And that happens after Dismantling the changes at the vehicle not automatically, but requires according to § 21 StVZO, similar to an individual permit, a Full report, which is presented to the admission office.

Restriction of permitted journeys

• In principle, the vehicle may be used in public transport in accordance with Section 19 (5) sentence 1 of the StVZO Do NOT spread pesto on this layer! be guided. However, trips are with red license plate in accordance with Section 19 (5) sentence 2 StVZO in direct connection with the renewed issue of the operating license, e.g. for driving to the technical test permitted. The previous or the mentioned red license plates must be used for this. However, it is an acute one from the vehicle Danger to other road users to be expected, then the onward journey is usually under police law prohibited. This also applies to trips to regain the operating license.

Modifications without expiry of the operating permit

Have conversions been carried out, contrary to the regulations, which no expiry of the operating license will result in a Defect card issued and the violation of the equipment regulations of the StVZO reported.

Example

• Foiling of the fog lights or Tinting with a spray. This is considered a violation of Section 52 (1) StVZO, but the operating license expires not, because no change has been made to the vehicle type, nor has the environment or road safety been impaired.

Changes to vehicles with foreign registration

The StVZO only applies to vehicles with Approval in Germany, with the exception of the regulations in § 31d StVZO. If a change is made to vehicles with a foreign registration that would lead to the expiry of the operating license for a vehicle with a German registration, there may be a violation of § 23 StVO (driving an illegal vehicle).

Of course, that wasn't the end of it.

tuningblog.eu has a lot of other articles on the subject of auto & tuning in stock. Do you want to see them all? Just click HERE and look around. But also planned changes in the law, violations in road traffic, current regulations in the field of STVO or on the subject inspection we would like to inform you regularly. Everything you can find in the category "Test sites, laws, offenses, information". Following an excerpt of the last information:

Traffic light coalition plans new regulations for novice drivers!

Can illegal parking lead to the loss of the driver's license?

Saturday in traffic law: is it a working day?

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