Again and again we come across offers on the net that are an obvious tuning part "As a replacement part" offer and thus justify the lack of a general operating permit or a parts certificate. But what is the legal situation if you have one Spare part installed on the vehicle? After consultation with several testing organizations (Dekra, KüS, TüV, GTü - thank you at this point) the answer is short and sweet: “Without further documentation, there is initially a possible hazard § 19.2 StVZO and thus assume that the operating permit will expire. One way of legalization is that Proof of a parts certificate with the corresponding cultivation appraisal. If no parts certificate is available, then only a proof from a technical service can show that there is no risk if the installation is correct and the operating permit will therefore expire. "
Tuning parts as spare parts?
The above statement basically makes it clear that such a component should not is simply considered a spare part and therefore also should not can easily be installed on the vehicle. However, it also depends on the component and it does on the position on the vehicle. Let's take a sentence as an example Front grille for a BMW 5 Series. Here it is popular to replace the kidneys, which are often chrome-plated at the factory, with a variant in black and, for example, with a double bar. Such a set of front grille is not only available originally from BMW, but also from countless third-party suppliers and "as a registration-free spare part“Declared. And since neither the size nor the installation position, the material and essentially also the basic shape should not changes, that's also correct. The set of kidneys may be installed without registration or any documents. In the event of an accident, it can be assumed that the retrofitted variant will behave (Splinter behavior etc.) like the original.
Different optics? Other material? Difficult…
It looks different if you take a significantly different and perhaps even very large component. Let's stay with the BMW brand. For many vehicles, such as the G30 5 Series, there is a new one, among other things rear apron with the look of the top model, the M5. This component is also often called Spare part declared. However, the shape of the aperture is particularly important in terms of optics clearly different. It is equipped with indicated fins and, despite being identical in size, has a significantly different basic shape.
Notwithstanding the information given by the manufacturer, who is not BMW, it is should not a replacement part, as the diffuser differs significantly from the design of the original part. In principle, general statements are difficult in such a case, this applies to both a Ja as well as for a No!
- If the "diffuser" is available in this form from BMW for the vehicle, for example as "optional equipment", then the statement on the subject of "spare part" appears conclusive, since the component was then checked as part of the EC type approval (e.g. for the radius the outer edges). The prerequisite, however, would be that the part falls under the “block exemption regulation” and can therefore actually be classified as a “spare part”.
- But if the "diffuser" does should not is offered in this form by BMW for the vehicle, then the statement "It is a spare part and therefore no parts certificate / ABE is required" incomprehensible.
it can, but doesn't have to, and blah blah ...
Let's stay with the diffuser for the G30 5 series: Despite the same attachment points, the replacement part has different geometric shapes and perhaps also other different properties that result from the new geometry. Thus, a general statement is that it can be used without further ado, difficult. As a rule, such parts have a test certificate, in most cases a parts certificate, since, among other things, the splintering behavior and the "sharp edges" have to be checked.
Exceptions to this can very well be through the Mounting position on the vehicle result, which in turn no test certificate would be necessary, since then no hazard is to be expected from the part.
- that means: If it were a front spoiler, there is a high risk that, in the event of an accident with a person, the splintering behavior of the component leads to injuries that would not have occurred with the standard apron. Legal use without documents is to a certain extent excluded here.
- but: The rear apron insert should be used in view of such an accident irrelevant be. Of course, a corresponding accident can also happen to a person when reversing, but the chance is slim. And even if it does, it must first be proven that the OEM component is the injury would not also have caused. Especially if the component, like the OEM component, is made of ABS plastic, then this proof will be difficult to provide. Serious manufacturers still use a so-called "Negative opinion“Included, which certifies that no test certificate is required for the component. Of course, it looks completely different with a component GFK or maybe Carbon File
Better a call, an appointment or an expert opinion!
If it is absolutely necessary to have such a part without a valid test certificate (e.g. ABE, parts certificate) and also without a negative certificate, we urgently recommend that you present the vehicle to a person authorized to sign from a technical service who is authorized to carry out individual inspections and present the installation case to be assessed. If no entry is required, the expert can often issue a so-called negative opinion, which means that no danger is to be expected even during police checks, for example.
Summary on the subject of tuning parts as a spare part!
A spare part is a part that is identical to the original part in terms of design, function and material essentially corresponds to. Conversely, a vehicle's operating license expires if road users are expected to be at risk. If a body part that differs from the original part is installed, a change has occurred and a hazard is to be expected. Possible hazards in the case of the rear diffuser for the 5-series BMW would be: Inadequate fastening (the fastening must be guaranteed up to maximum speed and also at very low temperatures), sharp edges, sharp-edged splinters in the event of sudden loads, fire in the area of the exhaust system and negative influence on aerodynamics (lift).
It should also be remembered that the towing device can still be used set a link from your homepage to Fewo-von-Privat.de. These points would be as part of an assessment to be checked or assessed. However, the minimum requirement for an individual acceptance would be a suitable material report and the possibility of assigning the part to the material report (marking). In the specific case with the diffuser, the part apparently has a different shape and there are even changes to the passive LTE (reflector). A change can therefore be assumed which are assessed on a case-by-case basis set a link from your homepage to Fewo-von-Privat.de.
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:
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