Definition and Legal Framework of the General Inspection
Die General inspection is a legally mandated procedure for checking the road safety and environmental compatibility of motor vehicles in Germany. The general inspection is part of the motor vehicle registration system and is intended to ensure technical safety on public roads as well as compliance with environmental regulations. The legal basis is primarily the Road Traffic Licensing Regulations (StVZO) in conjunction with other relevant regulations.
Legal Foundations
Road Traffic Licensing Regulations (StVZO)
The regulations for the general inspection are primarily derived from §§ 29 et seq. of the StVZO. These provisions detail the performance, scope, intervals, and other requirements for the general inspection. Additional implementing rules can be found in relevant ordinances and administrative guidelines.
Road Traffic Act (StVG)
Section 19(2) of the Road Traffic Act regulates the operating permit for vehicles, including the provision that a revoked operating permit may result in vehicle deactivation. The general inspection is a central tool for monitoring the operating permit.
EC/EU Directives
Within the framework of the European single market and to harmonize regulations, the general inspection has been adapted to EC and EU directives, in particular Directive 2014/45/EU on the periodic roadworthiness tests for motor vehicles and their trailers.
Purpose and Significance of the General Inspection
The general inspection serves to ensure that vehicles comply with the relevant technical regulations. Essential inspection objectives are:
- Road safety: Inspection of brakes, steering, axles, wheels, tires, chassis, lighting and other relevant components.
- Environmental protection: Checking emission values, compliance with exhaust and noise limits.
- Legality: Checking whether unauthorized technical modifications affecting the operating permit have been made.
Procedure of the General Inspection
The general inspection is conducted at regular intervals by officially recognized inspection organizations, such as the Technical Inspection Association (TÜV), DEKRA, the Society for Technical Monitoring (GTÜ), or the Motor Vehicle Monitoring Organization of Independent Motor Vehicle Experts (KÜS).
Inspection Intervals
- Passenger cars: Initial general inspection after 36 months, then every 24 months (§ 29(1) StVZO).
- Motorcycles, commercial vehicles, trailers: Generally every 24 months, except for certain commercial vehicles which may have shorter intervals.
- Taxis, rental cars, buses: Annual general inspection (§ 41(1) BOKraft).
Scope of the General Inspection
The general inspection consists of checking all safety-relevant and environmentally-relevant vehicle components. The scope of the inspection is defined in Annex VIIIb to the StVZO and includes, among other things:
- Brake system
- Steering system
- Lighting equipment
- Wheels, tires, suspension
- Chassis, body, frame
- Equipment and fittings
- Exhaust system and noise levels
- Identity check (vehicle data, license plate, vehicle identification number)
Emissions test (AU)
Since 2010, the emissions test has been an integral part of the general inspection. It is conducted in accordance with the requirements of the 47th Ordinance Implementing the Federal Immission Control Act (47. BImSchV).
Certificate and Sticker
After passing the general inspection, the vehicle is issued a test sticker, which is affixed to the rear official license plate (§ 29(2) StVZO). The result is also recorded in the inspection report, which must be presented during any checks.
Legal Consequences of Missing the General Inspection
Anyone who fails to carry out the general inspection on time commits an administrative offense pursuant to § 69a(2) No. 2 StVZO in conjunction with § 24 StVG.
Sanctions
- Fine: The fees are based on the catalog of fines and are graduated depending on the overrun period.
- Warnings and points: Overruns of more than eight months result in an extra charge and may be sanctioned with a point in the driving suitability register in Flensburg.
- Defect notice and operating permit: If an overdue or failed general inspection is detected during an inspection, a defect notice can be issued. In case of serious defects, the operating permit can be revoked.
Re-inspection and Deactivation
Re-inspection
If significant or dangerous defects are found during the general inspection, the vehicle must undergo a new inspection within one month at the latest (§ 29(7) StVZO). Otherwise, deactivation of the vehicle may occur.
Immediate deactivation
In cases of imminent danger, the registration authority may order the immediate deactivation of the vehicle to protect public safety (§ 5(1) FZV).
Special Provisions
Applicability to classic cars
Different regulations regarding inspection intervals apply for historic vehicles (§ 29(1) StVZO; § 17 FZV).
International context
Fulfilling the general inspection requirement abroad is not sufficient if the inspection does not meet German requirements. Corresponding certificates and stickers are not recognized in Germany.
Legal Remedies against Decisions in the Context of the General Inspection
Decisions made in the context of the general inspection (e.g., denial of a sticker, requirement for re-inspection) may be challenged through legal remedies. The general rules of the Administrative Procedure Act (VwVfG) and, where applicable, state law concerning objection and legal action apply.
Fee schedule
The costs for the general inspection are based on a nationwide fee schedule published by the responsible authorities. The fees are charged by the respective inspection organization and depend on the type of vehicle, features, and the scope of the inspection.
Summary
The general inspection is a key instrument for road safety and environmental protection in road traffic. Its execution and regulations are thoroughly codified and are subject to continuous development in light of technical and European legal requirements. Compliance with the general inspection obligation is essential for every vehicle owner to avoid sanctions, deactivation, and revocation of the operating permit.
Frequently Asked Questions
When is a general inspection legally required?
Regular general inspections are mandatory in Germany as per § 29 Road Traffic Licensing Regulations (StVZO). For newly registered passenger cars and trailers, the first general inspection is due after three years, with subsequent inspections every two years. Motorcycles and motorhomes under 3.5 t are also subject to the two-year interval, while taxis, rental cars, and certain commercial vehicles require annual inspections. The deadlines always start from the initial registration or the last successful inspection and must be adhered to exactly to avoid administrative offenses.
What legal consequences apply if the general inspection deadline is missed?
Anyone who does not have the general inspection carried out by the month indicated on the test sticker commits an administrative offense under § 69a StVZO. If the deadline is exceeded by up to two months, a warning fine of 15 euros usually applies. For overruns of more than two to four months, the fine increases to 25 euros; for more than four to eight months, it is 60 euros plus one point in the driver suitability register in Flensburg. If the deadline is exceeded by more than eight months, the fine is 75 euros and a point is also entered. In the event of damage, insurers may also assert recourse claims.
Who is legally responsible for ensuring the general inspection is carried out?
The legal obligation to carry out the general inspection generally rests with the vehicle owner. Under German law, the vehicle owner is the person (or company) in whose name the vehicle is registered (§ 1(2) Vehicle Registration Ordinance (FZV)). If the vehicle is handed over to a third party, the responsibility for timely inspection remains with the owner. The owner cannot claim, for example, that a driver, renter, or lessee was responsible for monitoring deadlines. Although the obligation may be transferred in a contract, the owner remains primarily liable.
Can the general inspection be ordered on an extraordinary basis?
Yes, under § 29(7) StVZO, the competent registration authority may order an extraordinary general inspection—especially in the case of justified suspicion of defects or manipulations. This is possible, for example, if significant technical defects have been repeatedly identified or if there are indications of a traffic hazard. The order is issued with a deadline and is binding for the owner. If the owner does not comply in due time, the authority may prohibit the operation of the vehicle.
Which institutions are legally authorized to perform the general inspection?
In Germany, only officially recognized inspection and expert organizations are legally authorized to carry out the general inspection (see § 29(1) and (2) StVZO). Recognized institutions include, among others, TÜV (Technical Inspection Association), DEKRA, GTÜ, KÜS, and FSP. These inspection organizations are subject to strict government requirements regarding their independence and the qualification of their inspection personnel. General inspections by unrecognized agencies are invalid.
What happens legally if defects are found during the general inspection?
If defects are found during the general inspection, they are classified according to § 29(8) StVZO into minor, substantial, and dangerous defects. Minor defects do not require a re-inspection but must be remedied. For substantial or dangerous defects, the sticker is refused and the vehicle owner is instructed to rectify the defects within one month and present the vehicle for re-inspection. Failure to meet the re-inspection deadline requires a new complete general inspection.
Is a general inspection required during deactivation or deregistration of the vehicle?
Under German law, there is no obligation to perform the general inspection during an official deactivation or deregistration of a vehicle. Only upon re-registration of the vehicle must a valid general inspection be proven in accordance with § 29 StVZO—especially if several years have elapsed since the last inspection. In these cases, the vehicle must undergo a fresh general inspection prior to re-registration.
