Time and again the topic cooks up in the last time the coworker of the Kraftfahrtbundesamtes companies admonish the accessories for motorcycles or also cars sell without ABE, particularly in Ebay shops, are offered. And we have recently received again an info from a dealer who has received a KBA warnings. But how is the state of affairs? What is allowed and what is not allowed? Why can not you sell the accessories if you explicitly point out that the parts are only for show purposes or race track use? A process of the past year, especially in the motorcycle industry and the heading exhaust systems, caused a stir but of course that is also an issue that equates to auto parts.
Sales ban according to §22 StVZO
In the motorcycle industry, the warnings related not only to exhaust systems, but also to taillights, mirrors, light bulbs and lots of other accessories. However, one has to mention that there has been a sales ban according to §90 StVZO since the 22s, which very few really know. If you look at the legal situation regarding §22 StVZO you will find that there is no legally secure sales opportunity in Germany for such components, even with the corresponding information. If the consumer is only given the chance to use the purchased products in the StVZO area, the sales ban is in place. A basis that could also ensure that an entire industry goes down the drain. An industry that was perhaps built on exactly that? But what exactly does §22a of the StVZO say? The paragraph clearly states that vehicle parts that are of an officially approved design must only be offered, sold, acquired or used for use within the scope of the StVZO if the components have an officially prescribed and assigned test mark.
If you sell such components anyway, you are deliberately violating Section 22a II StVZO and thus gain a competitive advantage. This competition violation can in turn be warned by competitors. A few years ago, the OLG Hamm (4 W 72/12) made a fairly clear judgment on the prohibition of selling for sale. The court saw only the objective possibility of use as decisive. So is the offer in the offer "not approved for road traffic, does not comply with STVZO“Etc. present changes that nothing the fact that the user may want to use the vehicle part in individual cases on the road. Another decision of the Higher Regional Court Hamm (4 U 26 / 13) has basically consolidated this position once again.
All this has its legitimate reason
You just want to make sure that only accessories are sold that have a type approval and are safe. If a component is unmistakably made in such a way that it can not be installed on vehicles that are used on public roads, the whole thing looks different. Basically it says: A sale of accessories for vehicles that violates §22a I, II StVZO is clearly a violation of competition can be warned.
only original means safety
INFO: We draw your attention to the fact that our information text is for non-binding information purposes only. It is not legal advice in the strict sense. Our text cannot and should and cannot replace individual and binding legal advice. All information is without guarantee of correctness and completeness. In any case, consult a lawyer for personal legal advice.
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