Term and Legal Classification of Small Vehicles
The Term Small vehicle refers under German law to small, motorized or non-motorized vehicles, which may be found on inland waterways as well as in road traffic. The specific definition, classification, and resulting legal requirements differ according to the area of application—namely waterways, road, and registration law. The following presentation systematizes and explains the use of the term, legal foundations, and particularities in connection with small vehicles, with special consideration of relevant laws and regulations.
Legal Basis and Definitions
Small Vehicles in Inland Navigation Law
Statutory Basis
In inland navigation law, the term ‘small vehicle’ is primarily shaped by the Inland Waterways Ordinance (BinSchStrO) and the Inland Vessel Inspection Ordinance (BinSchUO):
- § 1.01 number 22 BinSchStrO:
Small vehicles are watercraft (including mechanically powered vessels, sailing vessels, rowing boats, and personal watercraft), whose hull length is less than 20 meters, with exceptions such as passenger vessels and other special types of craft.
- Other important legal sources are the “Ordinance on the Admission of Vessels to Inland Navigation” (BinSchZulV) and international agreements such as the European Code for Inland Waterways (CEVNI).
Scope and Types
According to inland navigation law, small vehicles include among others:
- Sport boats and leisure boats
- Kayaks, canoes, and rowing boats
- Personal watercraft (“Jetski”)
- Sailboats (less than 20 m hull length)
Excluded from the category of small vehicles are specific commercial vessels or larger passenger ships, even if these are relatively short.
Registration and Identification Requirements
Simplified registration and identification regulations apply to small vehicles under German inland navigation law. Generally, small vehicles do not need an official identification under certain conditions, unless their engine power exceeds 11.03 kW (15 hp) or they are used commercially. In addition, there are special rules regarding equipment and safety requirements, such as carrying lifesaving equipment.
License Requirement
A driving license (sport boat license) is required for motorized small vehicles with an engine output starting at 15 hp or for certain personal watercraft. For non-motorized or lower-powered small vehicles, there is generally no license requirement.
Small Vehicle in Road Traffic Law
Distinction and Legal Definition
Within the context of the Road Vehicle Registration Ordinance (StVZO) and the Vehicle Registration Regulation (FZV), there is no independent statutory definition for the term “small vehicle.” In general usage, however, it typically refers to very small, usually motorized vehicles that deviate from standard types (e.g. cars, trucks) and are subject to specific requirements for light or mopeds, often also for small electric vehicles.
Small Electric Vehicles and Small Vehicles
The Small Electric Vehicles Ordinance (eKFV) defines among others e-scooters, Segways, and hoverboards as small electric vehicles subject to approval, for which separate regulations apply. These vehicles are closely associated with the term small vehicle in many respects, but constitute a separate vehicle class.
Legal Particularities
- Registration:
Small electric vehicles require specific operating permits and must meet certain technical requirements. Non-motorized small vehicles such as kick scooters, children’s bicycles, or skateboards are not motor vehicles and are not subject to registration procedures.
- Insurance Requirement:
Motorized small vehicles are generally subject to compulsory insurance (e.g. for e-scooters under the eKFV).
- License and Minimum Age:
For small electric vehicles, a driving license is usually not required, but age limits apply (generally minimum age of 14 years according to eKFV).
- Identification Requirement:
Depending on the type of small vehicle, there may be a requirement to attach an insurance plate.
Distinction from “Light Vehicles”
Small vehicles within the meaning of road traffic law must be distinguished from light vehicles according to EU vehicle classes (e.g. L1e for mopeds, L6e for light four-wheeled vehicles), which are subject to their own legal provisions (for example, regarding driving license, approval, and operating permit).
Small Vehicles in Tax Law
Small vehicles may be subject to special tax privileges in the context of motor vehicle and boat tax. Sports boats and small watercraft are partly exempt from inland waterway taxes. In tax law (§ 2 KraftStG), in particular mopeds and small electric vehicles may be fiscally privileged or exempt from motor vehicle tax.
Traffic Rules and Obligations for Small Vehicles
Traffic Rules on Inland Waterways
Specific regulations applying to small vehicles concern traffic direction, right of way, and navigation lights, for example according to § 3.17 to § 3.20 BinSchStrO. Failure to comply with such regulations can result in fines and temporary operation bans.
Traffic Rules in Road Traffic
In Germany, small electric vehicles may only be used on cycle paths, cycle lanes, or cycle highways; use on the carriageway is only permitted if there are no corresponding paths. The Road Traffic Regulations (StVO) and the Act on Participation in Road Traffic (StVG) contain special provisions for this.
Liability Provisions
Small vehicles are subject to the liability law of the German Civil Code (BGB) or the Inland Navigation Act (BinSchG) for damages caused to third parties. For motorized small vehicles, there is also compulsory insurance under the Compulsory Insurance Act (PflVG).
Sanctions and Administrative Offenses
Violations of operating regulations, licensing requirements, or mandatory technical equipment for a small vehicle can be prosecuted as an administrative offense. This includes, for example, operating a small vehicle without an operating permit, driving without the required identification, or lacking safety equipment.
International Aspects and Harmonization
The definition of small vehicles in international ship and road traffic often differs from the German interpretation. Inland waterway conventions such as the CEVNI provide comparable, but partly differing, length limits or requirements. In road traffic law, the EU has been harmonizing the approval of light and small vehicles for years; nevertheless, national provisions—especially for everyday small vehicles—still predominate.
Summary
The Term Small vehicle is a collective designation for various, especially small vehicles on water and roads, whose legal classification and treatment is strongly influenced by the respective area of regulation. In inland waterway law, the 20-meter length limit—with certain exceptions—as decisive; in registration law, numerous special provisions exist, affecting both operation and personal admission. In road traffic, the term particularly refers to small motor vehicles, including small electric vehicles. The statutory provisions pertain among other things to registration, licensing requirements, identification, insurance, and technical regulations. Given the multiplicity of special regulations, a detailed examination of each individual case is necessary, considering the specific vehicle type and intended use.
Frequently Asked Questions
Do I need official registration for a small vehicle?
As a general rule, small vehicles do not require official registration under road traffic law, provided they meet legal specifications regarding size, weight, motorization, and intended use. In contrast to motor vehicles, for which vehicle registration is mandatory, some small vehicles (such as pedelecs or bicycles with auxiliary motors) are exempt from this requirement. However, it should be noted that for motorized models (such as e-scooters or e-roller), an operating permit or insurance badge may be required under certain circumstances. The decisive factor is whether the small vehicle falls under the vehicle classes for which an exception is provided in the Vehicle Registration Regulation (FZV). If in doubt, the exact technical data of the vehicle should be compared with the requirements of the FZV and the Road Vehicle Registration Ordinance (StVZO).
Which insurances are legally required for small vehicles?
The legislator differentiates insurance requirements according to whether the small vehicle is classified as a motor vehicle under the Compulsory Insurance Act. For example, for an e-scooter (“small electric vehicle”) with a maximum speed of 20 km/h, liability insurance is mandatory, proven by means of an insurance label. Bicycles, pedelecs (with pedal assistance up to 25 km/h), and other non-motorized small vehicles are exempt from compulsory insurance. S-pedelecs and comparable vehicles with higher power/kilometers are, however, fully subject to insurance. For commercial use of small vehicles, it is advisable to take out commercial liability insurance, even if it is not legally required for all types.
Which traffic areas may be used by small vehicles?
The road traffic regulations vary greatly depending on the type of small vehicle. Bicycles and pedelecs (up to 25 km/h) may regularly use cycle paths, cycle streets, and—if these are not available—carriageways. E-scooters, on the other hand, may only be ridden where it is explicitly permitted, usually on cycle paths, or in their absence, on the carriageway. Sidewalks are generally prohibited for all motor vehicles (and thus for many motorized small vehicles), unless explicitly permitted (e.g. additional sign “small electric vehicles allowed”). For hoverboards, monowheels, and similar trendy devices there are sometimes special provisions completely prohibiting use on public roads. The respective road traffic regulations of the federal states or municipalities may also impose further restrictions.
What age restrictions apply to the use of small vehicles in public road traffic?
For small vehicles, the Road Traffic Regulations (StVO) generally do not set age limits independent of category, but rather link them to the respective vehicle category. Bicycles and pedelecs may generally be used by anyone, but for users of motorized small vehicles such as e-scooters, a statutory age limit (in Germany: 14 years) has been established. For S-pedelecs and faster motor vehicles, licensing requirements also apply, which are linked to a minimum age (usually 16 years and driving license class AM or B). Compliance with age limits is normally checked by random police checks and violations can entail regulatory consequences.
Are small vehicles subject to specific technical or construction requirements?
Yes, small vehicles are subject to mandatory minimum technical standards depending on their design and purpose. For example, e-scooters must be equipped with lights, brakes, bells, and specific reflectors, the exact specifications of which are defined by the Small Electric Vehicles Ordinance (eKFV). Bicycles and pedelecs are governed by StVZO requirements, such as lighting system, brakes, reflectors, and side stands. A violation of these construction requirements may, in the event of an accident, have liability or criminal consequences, as well as void insurance cover. Technical modifications to the vehicle that go beyond mere repairs (e.g., tuning) generally require approval or lead to the loss of the operating permit.
Are there special legal aspects for the commercial use of small vehicles?
The commercial use of small vehicles—for example for courier services, sharing providers, or as means of transport—is subject to additional legal requirements. In addition to the rules on operating permits and compulsory insurance, labor and trade law regulations must be observed. These include registration obligations with the relevant authorities, compliance with employee and occupational safety laws, and, if applicable, special traffic permits for use on certain traffic areas. In addition, offering sharing vehicles may require municipal special use permits, which must be applied for in each case and may be linked to requirements such as limits on the number of vehicles or designated parking spaces.
What sanctions may be imposed for violations of legal regulations regarding small vehicles?
Legal violations in connection with small vehicles can, depending on the severity and nature of the offense, result in fines, civil, or criminal consequences. Operating uninsured or unregistered small vehicles generally leads to fines, warnings, and in severe cases, confiscation of the vehicle. Driving without required insurance or in breach of technical minimum requirements can, in the event of an accident, also result in criminal liability for driving without insurance (§ 6 PflVG) or endangering road traffic (§ 315c StGB). Failure to observe age, traffic area, or construction-related requirements leads to a graduated system of sanctions: ranging from minor warnings to entries in the driving aptitude register or driving bans. For commercial use, violations can also lead to business suspension or withdrawal of operating permits.
