Definition and legal framework of official vehicle inspections
Die Vehicle inspections by authorities refers to all official measures for the control, examination, and assessment of vehicles with regard to compliance with traffic, technical, and environmental regulations. The basis for these inspections is, in particular, the relevant national and European laws as well as subordinate regulations. The inspections serve traffic safety, environmental protection, and the maintenance of technical standards.
Legal basis and responsibilities
Road Traffic Act (StVG)
The German Road Traffic Act (StVG) forms the most important legal basis for sovereign controls and monitoring measures in road traffic. § 36 StVZO (Road Traffic Licensing Regulations) and § 29 StVZO (periodic vehicle inspections) supplement the StVG.
Road Traffic Licensing Regulations (StVZO)
The StVZO governs the licensing and inspection of vehicles and their equipment. Sections 29-42a StVZO are particularly concerned with technical oversight, main inspections (HU), and emissions tests (AU). Section 36 StVZO sets out the general monitoring obligation.
Road Traffic Regulations (StVO)
The Road Traffic Regulations (StVO) define the rules of conduct in road traffic and establish the rights, obligations, and authorities of agencies in traffic monitoring.
European legal requirements
Directives and regulations of the European Union, namely Directive 2014/45/EU (technical inspection) and 2014/47/EU (roadside inspections), have been transposed into national law and play a decisive role in the scope and conduct of inspections.
Police law provisions
State police laws supplement federal regulations, particularly regarding hazard prevention and the police’s powers to stop and check vehicles.
Types of official vehicle inspections
Regular and occasion-based inspections
- Regular vehicle inspection: Main inspections pursuant to § 29 StVZO (HU/AU), carried out by accredited inspection organizations under sovereign supervision, on official order.
- Occasion-based inspections: Traffic stops, targeted checks or inspections on reasonable suspicion by the police, regulatory authorities, or technical inspection services.
Technical and administrative checks
- Technical inspection: Inspection of safety-relevant components, environmental regulations, and the proper condition of the vehicle.
- Administrative inspection: Verification of vehicle documents (registration certificates Part I and II), operating permits, and exemptions.
Environmental inspections
The emissions regulations pursuant to the 35th Federal Immission Control Ordinance (BImSchV) require special exhaust emission tests. Authorities conduct random checks on vehicles to ensure compliance with pollutant limits.
Process of official vehicle inspection
Implementation and participants
In Germany, the following are responsible for carrying out official vehicle inspections:
- Police
- Regulatory authorities
- Technical inspection organizations on behalf of registration authorities
- State authorities for road construction and transport
The inspection may take place at the roadside, at inspection facilities, or as ordered at the location of the vehicle.
Documentation and notification
Results and identified defects are documented and recorded in inspection or control reports. In the event of significant defects or traffic hazards, notification is made to the registration authority.
Legal consequences of complaints
Depending on the nature and severity of the defects, measures range from oral warnings to administrative sanctions:
- Decommissioning or removal of the vehicle’s plates
- Order of a follow-up inspection
- Fines in accordance with OWiG (Administrative Offenses Act)
- Prohibition of operation on public roads
Legal protection and remedies
Against sovereign actions
Persons affected have the right to seek legal protection against official measures. Options include:
- Objection (§ 68 VwGO)
- Action for annulment before the administrative court (§ 42 VwGO)
- Application for interim legal protection (§ 80 para. 5 VwGO; § 123 VwGO)
Special provisions for immediate enforcement
In cases of imminent danger, official measures may be immediately enforced, such as vehicle impoundment or decommissioning. Suspension of immediate enforcement is possible upon court application.
Data protection and fundamental rights
The collection, processing, and storage of personal data during the inspection are subject to the requirements of the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG). Necessity, proportionality, and purpose limitation of official measures must always be observed.
Sanctions and consequences
Depending on the severity of the detected violations, the following sanctions may be imposed:
- Fines
- Points in the Driver Fitness Register (FAER) pursuant to § 4 StVG
- Decommissioning or temporary seizure of the vehicle
- Notification to the insurance company (potential premium adjustment)
Outlook and reform perspectives
Official vehicle inspections are subject to ongoing changes due to technical innovations, legislative amendments, and European requirements. Topics such as digital vehicle data, automated control systems, and low-emission vehicles are shaping future developments.
Summary
Die Vehicle inspections by authorities constitutes a central element of road safety and environmental protection. It is based on extensive legislation and serves to enforce technical and administrative standards. Authorities are granted far-reaching powers for inspection, complaint, and enforcement. Legal remedies and data protection guarantees ensure the protection of those affected. The ongoing development of technical standards and regulations continuously influence the content and processes of inspections.
Frequently Asked Questions
How does an official vehicle inspection proceed?
The official inspection of a vehicle usually takes place in response to concrete indications that the vehicle does not comply with legal requirements or poses a traffic hazard. The competent authority – usually the police or road traffic authority – can order the vehicle to be presented for inspection at a recognized testing station (e.g., TÜV, DEKRA). The inspection includes both a visual check (e.g., condition of lighting, tires, brakes, bodywork) and, if necessary, a technical examination, such as using a brake test stand or emissions test. The legal basis in Germany is § 5 FZV (Vehicle Registration Regulation) as well as §§ 19 and 29 StVZO (Road Traffic Licensing Regulations). As part of the inspection, vehicle documents are checked, and the identity (chassis number, type plate) is matched. If defects are found during the inspection, these are recorded and appropriate requirements (e.g., proof of repair, obligation to present) are imposed.
What rights do vehicle owners have during such an inspection?
Vehicle owners have the right to be informed about the order of an official inspection and to be present at the inspection if they wish. They may inspect the inspection report and may file an objection against ordered measures (e.g., prohibition of operation, decommissioning). Their duty to cooperate includes presenting the vehicle, handing over the vehicle documents, and, if necessary, providing keys or accessories if this is required for the inspection. If the owner does not fulfill the duty to cooperate, the authority may take compulsory measures under the Administrative Procedure Act and the respective State Enforcement Act (e.g., substitute performance, seizure).
What are the consequences of identified defects?
If it is found during the official inspection that a vehicle has significant defects, the authority can partially or completely revoke the operating permit and temporarily or permanently cancel the registration. In cases of imminent danger, immediate measures (e.g., prohibition of further driving, confiscation of the registration certificate) are also possible, based on §§ 5 para. 1 FZV, 29 StVZO, and 31 StVZO. The vehicle owner will be required to remedy the identified defects within specified periods and to present the vehicle again. If this is not done, fines and the final decommissioning of the vehicle may occur.
Is an official vehicle inspection subject to charges for the owner?
Yes, as a rule, the vehicle owner bears the costs for the officially ordered technical inspection. The amount of the fees depends on the scope of the inspection and the respective fee schedules of the inspection organizations. The administrative fees for the order itself are governed by the relevant administrative cost laws of the federal states or ordinances on the basis of the Fee Act. Any additional costs incurred, such as for towing if the vehicle is not roadworthy, must also be borne by the owner.
What legal remedies are available against official orders?
Legal remedies can be filed against official measures such as the order for inspection, a prohibition of use, or decommissioning, usually in the form of an objection (§ 68 VwGO) and – if this is unsuccessful – a subsequent action before the competent administrative court. For immediate enforcement measures, an application for interim relief (§§ 80, 80a VwGO) can also be filed. The legality of the official order will then be reviewed in judicial proceedings.
Under what circumstances can the authority order an inspection?
An official inspection can be ordered if facts indicate a violation of registration requirements, if significant technical defects are suspected, or if there are specific indications of a traffic or environmental hazard. After traffic accidents or based on individual reports (e.g., tips from third parties), an inspection may also be ordered provided the authority can establish an initial suspicion pursuant to § 5 FZV and §§ 29, 31 StVZO. Anonymous or general information is usually insufficient; a comprehensible, documented reason is required.
Does the vehicle have to be decommissioned during the inspection?
Immediate decommissioning during the inspection is generally not mandatory. It is only carried out if acute dangers to traffic safety or the environment are identified or suspected. However, the authority may impose a provisional prohibition of use for hazard prevention (§ 5 FZV, § 31 StVZO). Until defects are rectified and the vehicle is presented again, the document issued for the vehicle (e.g., registration certificate Part I) may be seized or blocked.
