Concept and Legal Basis of the Decommissioning of Motor Vehicles
The decommissioning of motor vehicles is a process rooted in traffic law, in which a motor vehicle is temporarily or permanently taken out of service. This is an administrative act, regulated in particular by the Road Traffic Act (StVG) and the Vehicle Registration Ordinance (FZV). The decommissioning has far-reaching legal and practical consequences for vehicle holders and owners. The following comprehensively explains the requirements, procedure, legal consequences, and relevant legal sources regarding the decommissioning of motor vehicles.
Definition and Distinction
Decommissioning refers to the official withdrawal from service of a motor vehicle registered for road use under the provisions of the FZV. The aim is to exclude the vehicle from participating in public road traffic, either temporarily or permanently. Decommissioning is carried out in the form of taking the vehicle out of service, while a permanent removal from circulation is referred to as “recycling” or “scrapping.”
The decommissioning procedure differs from deregistration – as well as from the now obsolete concept of “compulsory decommissioning” – in that it can occur either upon application by the vehicle owner or ex officio by the authorities.
Legal Bases and Regulations
Road Traffic Act (StVG)
According to Section 13 StVG, removing a motor vehicle from circulation is subject to certain formalities. Decommissioning can be either temporary or permanent and must be reported to the competent registration authority.
Vehicle Registration Ordinance (FZV)
The FZV sets out the procedure for decommissioning in detail. According to Section 14 FZV, decommissioning can be initiated upon application or ordered by the authority ex officio. This process is documented in the Central Vehicle Register and in the local registration certificate.
Other Relevant Legal Provisions
Additionally, provisions from the Motor Vehicle Tax Act (KraftStG), the Vehicle Registration Ordinance, and environmental regulations apply to the final decommissioning and subsequent recycling of vehicles (End-of-Life Vehicles Ordinance).
Decommissioning Procedure
Application by the Vehicle Owner
The standard procedure for decommissioning is initiated by application of the vehicle holder. The following steps must be observed:
- Submission of vehicle registration certificate part I (registration document)
- Return of license plates
- Proof of removal of license plate stamps
- Presentation of proof of identity (e.g., ID card)
- For permanent decommissioning: Proof of proper disposal or recycling
Decommissioning ex officio
The registration authority may order decommissioning ex officio if the vehicle
- no longer meets technical requirements (§ 5 FZV)
- does not have a valid main inspection
- required proof of insurance is missing
- motor vehicle tax is not paid (§ 14 para. 2 FZV, § 14 para. 2 FZV in conjunction with § 5 para. 4 KraftStG)
- the vehicle is considered deregistered or taken out of service but still participates in road traffic
The decision is issued by a written notification from the authority and may be accompanied by the removal of the official registration plate stamps.
Legal Consequences of Decommissioning
Regulatory Consequences
With decommissioning, the motor vehicle loses its authorization for public road use. Operation on public roads is prohibited and violations may be punished with a fine or criminal sanctions.
Insurance Law Implications
Upon decommissioning, insurance coverage under the Compulsory Insurance Act (PflVG) ends. Only a so-called storage insurance may remain in effect, if contractually agreed.
Tax Consequences
The tax liability of the vehicle holder under the Motor Vehicle Tax Act generally ends with decommissioning. The responsible registration authority informs the principal customs office, which arranges for the assessment and possible refund of the vehicle tax.
Re-registration
A decommissioned vehicle can be re-registered under certain conditions within seven years. A valid main inspection must be provided, and in some cases a new insurance confirmation will be required.
Distinction: Temporary and Permanent Decommissioning
Temporary (provisional) decommissioning
This is the most common form: By returning the license plates and adding the relevant entries in the registration certificate, the vehicle is taken out of service for an indefinite period without having to be scrapped or recycled.
Permanent Decommissioning (Recycling/Proof)
In the case of a permanent decommissioning, the vehicle is recycled at an authorized treatment facility in accordance with the End-of-Life Vehicles Ordinance. The holder must submit the corresponding proof (certificate of recycling) to the registration authority.
Compulsory Decommissioning and Seizure
As part of regulatory measures, compulsory decommissioning can be ordered if there are dangers to public safety and order. Similarly, in cases of substantiated suspicion of manipulation (e.g., of the chassis number), seizure may be ordered and the operating license withdrawn or decommissioning imposed.
Registration After Decommissioning
For re-registration after decommissioning, the following conditions must be met:
- Existence of a valid main inspection
- Submission of insurance confirmation (eVB number)
- Payment of any outstanding fees and taxes
- Submission of registration certificates and proof of identity
Depending on the period between decommissioning and re-registration, the previously assigned license plate may be reused, a preferred license plate requested, or new plates issued.
International Aspects
German internal law on decommissioning generally does not apply to vehicles registered abroad. For vehicles with foreign registration, the regulations of the respective country of registration are decisive. For vehicles from other EU countries, harmonized procedures for decommissioning and re-registration exist under EU community law.
Special Cases and Sanctions
Use of a Decommissioned Vehicle
The use of a decommissioned vehicle on public roads constitutes a regulatory offense and may result in a fine. In case of negligent or intentional violations of compulsory insurance or tax obligations, criminal liability may arise under § 6 PflVG or § 370 AO.
Decommissioning by Third Parties
Decommissioning by unauthorized third parties is not legally permissible. Only the competent registration authorities are authorized to take a vehicle out of service.
Summary
The decommissioning of motor vehicles is a complex legal concept that encompasses both preventive and repressive measures. The density of regulations covers technical, tax, and insurance law aspects as well as administrative and criminal law provisions. In contrast to the removal of a vehicle, decommissioning is characterized by clearly regulated, documented, and state-controlled procedures to ensure road safety and compliance with tax and insurance obligations. Observance of the relevant legal provisions is essential, especially for holders and users of motor vehicles.
Frequently Asked Questions
Is it necessary to surrender the official license plates when decommissioning a motor vehicle?
When decommissioning a motor vehicle pursuant to Section 14 Vehicle Registration Ordinance (FZV), the official license plates must be surrendered to the competent registration authority. This is required according to § 10 para. 6 FZV, as decommissioning also includes the removal of license plate stamps. Without surrender and removal of the plates, the vehicle is not deemed to be properly decommissioned. This serves to prevent misuse and ensures that the vehicle is clearly and legally removed from public traffic. Furthermore, re-registration to the same holder or a third party is only possible after proper decommissioning, including removal of stamps.
How does decommissioning affect insurance and taxes?
Decommissioning a vehicle has an immediate impact on motor vehicle liability insurance and vehicle tax liability. Under Section 5 para. 4 of the Motor Vehicle Tax Act (KraftStG), tax liability ends at the end of the day of official decommissioning. Legally, the insurance contract usually rests during the period of decommissioning; this means that no ongoing premiums are paid and there is no insurance coverage for active road use. However, a so-called storage insurance continues, which covers certain risks (such as theft on private property), provided the insurer offers this. Vehicle holders should notify their insurer of the decommissioning so that any premium credits can be refunded promptly.
What statutory requirements must be observed for re-registration?
If a decommissioned vehicle is to be registered again for road use, various legal requirements must be met. According to § 14 para. 2 sentence 1 FZV, the previously returned registration certificate part I (Fahrzeugschein) must first be presented. If the vehicle has been out of service for more than seven years, the registration office will require additional documents, such as proof of a main inspection (§ 29 StVZO) and, if applicable, a certificate of conformity or a comparable report. Re-registration can be carried out in the name of the previous holder or a new owner. The current regulations on proof of identity and insurance obligations always apply.
What should be considered regarding existing environmental, fine dust, and pollutant stickers?
When decommissioning or taking a vehicle out of service, environmental or fine dust stickers previously issued do not automatically lose their validity, as these are linked to the vehicle, not the license plate. Upon subsequent re-registration with the same or new license plates, the sticker may continue to be used, provided there have been no changes to the vehicle’s status or its emission characteristics. The respective state-specific regulations must be observed, especially if the sticker is relevant for environmental zones. If the vehicle is replaced or modifications affecting its emissions are made, a new sticker must be applied for.
What obligations exist regarding the retention of registration documents during decommissioning?
In accordance with the Vehicle Registration Ordinance, the registration certificate part I is generally to be surrendered during decommissioning; the registration certificate part II (vehicle title) remains with the holder and must be retained carefully throughout the period of decommissioning. This is important because part II must be presented for any later re-registration. If decommissioning lasts longer than seven years, the authority may require additional proof—for example, regarding ownership or vehicle information. Holders are also advised to keep other relevant documents (evidence of main inspections, etc.) safely, as these may be required for future reactivation.
What legal consequences may arise from improper use of decommissioned vehicles?
The use of a properly decommissioned vehicle on public roads constitutes a regulatory offense under Section 48 para. 1 no. 2 FZV and can result in a considerable fine. Operating a vehicle without registration, insurance coverage and payment of vehicle tax also entails additional criminal and civil law consequences, such as the lapse of insurance coverage and personal liability for damages (§ 6 PflVG). Vehicle holders and users must therefore ensure that a decommissioned vehicle is not used or parked unlawfully on public roads.
