tow away
Under Towing is meant pulling a inoperative motor vehicle with the aid of another motor vehicle as a temporary emergency measure. A tow rope , tow bar or tow axle is used to connect the two vehicles . In road traffic , a distinction is made between towing and towing , as is the railway system . In shipping and aviation , only the term tow is used.
Towing / towing
A distinction is made between towing (vehicle that is ready to drive or not ready to drive) and towing (vehicle that is not ready to drive in conjunction with emergency aid).
Towing ( § 15a StVO ) is the pulling of a broken-down vehicle as part of emergency aid with the aim of changing location
- Elimination of the inability to operate,
- Recovery of the vehicle,
- Destruction of the vehicle.
Inability to operate as a result of technical defects that cannot be remedied exists if the operationally safe or intended use is no longer possible and this cannot be restored on site without great effort. The idea of emergency aid implies that towing from the breakdown location is only permitted to certain destinations using the shortest route. These destinations include the nearest suitable workshop, a nearby location or scrapping plant or the nearest loading station. Distances of up to 45 km are sometimes seen as too far because the emergency aspect is then missing. If the distance is too great, the vehicle must be loaded. The driver of the vehicle to be towed does not need a driver's license ( Section 6 (1 ), last sentence FeV ), he only has to meet the minimum age from Section 10 (3) FeV (15 years). The pulling person needs the license of the towing vehicle ( § 6 Abs. 1 last sentence FeV). Towing is considered to have been carried out properly if a tow rope or a tow bar (DIN 1756) is used. If this is not the case, a fine of € 25 will apply.
When tow is the process which is to bring the engine of the towed vehicle for starting utilizing the driving force of the towing vehicle. Towing should therefore be viewed as a special case of towing.
Towing is the carrying of an operational or inoperable motor vehicle on its own wheels behind another motor vehicle, unless it is being towed. In principle, vehicles that are designed to be used as motor vehicles may not be operated as trailers, but the administrative authority can approve exceptions. Further details are regulated by § 33 StVZO . A distinction is made between towing approved by the road traffic authority and unapproved towing. In the case of approved towing, an exemption in accordance with Section 33 (1) StVZO of the responsible road traffic authority must be carried and handed over on request. The driver of the towed vehicle needs a driver's license for the towed vehicle (Section 33 (2) sentence 1 StVZO). The driver of the towing vehicle, however, needs a driving license, which results from the weight of the vehicles (see § 6 FeV), at least probably class BE (note driving without a license according to § 21 StVG ).
When towing with a tow truck, there must be continuous lighting including direction indicators. This is z. B. achieved with a lighting bar, which is attached to the rear of the towed vehicle and plugged into the trailer socket of the towing vehicle. Vehicles over four tons must not be towed (or towed) with a rope. For towing (in Germany) a so-called "towing permit" is mandatory. This is usually issued by the vehicle registration offices. Annual general permits are issued to towing companies, which are usually only valid for one federal state. Individuals or others who want to carry out a towing operation receive an individual permit. This usually includes the exact day, time and route in which the towing process may be carried out. Failure to comply with these regulations constitutes an administrative offense and is usually warned (BKat-OWi) with 25 € and can lead to loss of comprehensive insurance in the event of damage or recourse in the event of liability insurance.
When towing, a vehicle is pulled on its own axle by rope or tow bar. “Taking away” a broken-down vehicle on a flatbed or a trailer, on the other hand, is called transport or recovery .
Vehicles with automatic transmissions must generally not be towed, pushed or otherwise moved on the drive axle . Otherwise there is a risk of gearbox damage (there are exceptions, e.g. older Mercedes-Benz with secondary oil pump in the gearbox).
Towing on its own axle does not constitute a “pull”. The StVO regulations on the maximum vehicle train length and the maximum permissible trailer loads do not apply here. But if a vehicle to be towed, e.g. B. truck with trailer or semitrailer can be uncoupled, must not be towed together. As an exception, the train may also be towed with the police's order and escort if leaving a part of the train in the traffic area would pose a greater risk than towing the train (e.g. on the motorway to a parking lot where the trailer is parked can or until the next exit). Then the towing drive with the two separate units must be continued from the motorway parking lot. The motorway parking spaces must not be permanently misused as a parking space for vehicles or trailers that have broken down, as this would otherwise be an unauthorized special use .
Commercial vehicles (tow trucks, trucks for vehicle transport, so-called "rescue vehicles", workshop vehicles) must have warning markings according to DIN 30710 (safety markings according to DIN 30710 (warning markings) according to RSA-95 ). They must also be equipped with one or more beacons for yellow flashing lights ( Section 52 (4) No. 2 StVZO).
The commercial towing personnel must observe the legal regulations (in addition to the road traffic regulations, also the accident prevention regulations) when towing, in particular wear appropriate warning clothing in orange-red. The safety material usually consists of at least five traffic cones , three warning triangles , two warning lights , two wheel chocks and a white and red warning flag .
The police regularly order tows for vehicles that disrupt public safety . They serve as security (property protection in the case of stolen vehicles), to avert danger or as a substitute measure (e.g. leaking oil, obstruction or danger to traffic) or confiscation (e.g. securing evidence in criminal prosecution or confiscation ).
Germany
In Germany, towing is standardized in Section 15a of the StVO. Towing is generally only allowed if an emergency aid concept is the basis, i.e. the broken-down vehicle, for example. B. in traffic is a danger to other road users. If the concept of emergency aid is not the basis, it is a matter of “towing”. Motorcycles may not be towed.
If a vehicle is towed by means of a tow bar or rope, both vehicles must have the hazard warning lights switched on (it is still useful to use the turn signal when turning, as modern vehicles in particular temporarily deactivate the hazard warning function and display the direction). "Those road users who want to turn with their vehicle must announce this clearly and in good time using the direction indicators in accordance with Section 9 Paragraph 1 Clause 1 StVO. If the activation of the side direction indicator cannot be perceived by other road users because the vehicle's hazard warning lights is switched on, then this does not release you from the obligation to make the intended change of direction of the vehicle clear to other road users (Burmann / Heß / Hühnermann / Jahnke / Janker, Straßenverkehrsrecht, 24th edition 2016, § 15a marginal note 4; Hentschel / König / Duration, Road Traffic Law, 43rd Edition 2015, § 15a StVO Rdn 2). For this purpose, the hazard warning lights must be switched off for the duration of the turning process (also OLG Hamm NJW-RR 2011, 1666). " Düsseldorf Higher Regional Court, I-1 U 158/15
When towing by means of a tow truck (a work machine in terms of registration), continuous lighting with direction indicators must be available (StVO). On motorways , towing is only permitted up to the next exit, unless there is a special permit in the form of an individual permit or a permanent permit (usually limited to a maximum of 100 km around the towing company's headquarters). When towing, it is not allowed to drive into the motorway. Broken down motorcycles may not be towed. The towing process may only be carried out to the next point at which the broken-down vehicle is no longer dangerous or to the nearest suitable workshop.
When removing illegally parked vehicles, it depends on whether the vehicle is on public or private land. Anyone who uses public traffic areas for parking in violation of traffic regulations must, for example , expect the vehicle to be towed away when there is no stopping , at marked parking spaces for the disabled, on zebra crossings , at residential parking spaces or when parking meters have expired . In Schleswig-Holstein z. B. is usually towed in the following cases:
- Parking in a disabled space. In cases where a parking space has been reserved for a specific severely disabled person (indicated by a special additional sign), all other vehicles, including those of other severely disabled persons, will be towed away.
- Parking in places where traffic is obstructed, e.g. B. also when pedestrians, cyclists, etc. have to switch to the street.
- Parking in front of the entrances or exits of properties, garages, courtyards, hospitals, the fire brigade, underground garages, etc., if someone wants to enter or leave the entrances, also opposite on narrow streets (minimum remaining width of the street: 3 m)
- Parking other cars in the second row on the street or in the third row in large parking lots outside the lane markings.
- Parking after the establishment of mobile no-stopping zones, e.g. B. were set up for construction work or relocations
- Parking in a marked loading zone of a shop if a supplier wants to unload there,
- Parking in the driveways of the fire brigade and rescue services,
- to secure property, or if the driver or the car is no longer roadworthy and there is no other way to remove the vehicle.
Because of the negative role model effect of incorrectly parked vehicles, the monitoring authorities (police, city administrations) have increasingly switched to this, e. B. to always have it towed even if there are several free disabled parking spaces.
In the event of unauthorized parking on private property, the owner or tenant of the blocked parking area can generally have the vehicle towed away. Here, too, the principle of negative role model effect is more and more a reason to be towed away. However, the client must first pay for the towing process on his own account and can then claim the costs from the interfering party through legal channels . In some cases, the owners of the property rights use third parties (service providers). Under national law, the violation of regulations on parking on private property can constitute an administrative offense.
Towing costs
The towing costs are to be paid by the troublemaker. If, after notifying a towing company, the driver appears before the start of loading and removes his vehicle, costs are still due for an empty run of the towing vehicle. In addition, administration fees are incurred according to the respective administrative enforcement laws of the federal states, which are levied as a flat rate by a fee notice. The fees are intended to cover the costs of the police operation. For the state of North Rhine-Westphalia, the ordinance for the execution of the Administrative Enforcement Act of December 8, 2009 applies. According to this ( Section 15 (1) No. 7 StVO) a fee of € 25 to € 150 can be charged for towing a registered vehicle. In addition, there are fines from the regulatory authorities in all cases . The towing company can charge a road fee for an unsuccessful journey (empty journey), which corresponds to the outward and return journey. There is no custody fee here.
In rare cases, the police can have a vehicle moved elsewhere free of charge. This is called then - in mostly incorrect signs - from converting . The new location is often a few streets away and can be obtained from the police.
The unauthorized parking of cars on private property is legally "prohibited individual power" and entitles the property owner to self-help. He is allowed to have unauthorized parked cars towed away and is entitled to reimbursement of the costs for towing and preparation, but not for surveillance. He has a right of retention to enforce his claim. He may refuse to provide information on the location of the car after it has been towed until the towing costs have been paid. It is unclear whether this also applies if the parking time in supermarket parking lots is exceeded. So far, the Federal Court of Justice has only ruled on cases where motorists were not allowed to park their cars on the property in question from the start. Courts often judge that way. Ex-OLG-Hamm judge Uwe Liebheit says: Only in the case of unauthorized parking from the start and not if the parking time is exceeded is it permissible as a self-help to have incorrectly parked cars towed away.
In 2008, the ADAC criticized towing companies that issue excessive bills of up to € 300. Vehicles are often towed from supermarket parking lots outside of shop opening hours. The Hamburg Regional Court ruled that an invoice over € 250 was excessive and considered € 120 towing costs plus € 10 custody costs per day to be appropriate. In the meantime, there have been numerous other rulings, according to which parking lot management companies have to reimburse illegal parking lots for a significant part of the invoice amounts.
Rescue costs
The costs for the recovery and transport of a broken down vehicle (up to 3.5 t) including the driver to the nearest authorized workshop are usually covered by automobile clubs for their members. The prerequisite and at the same time proof of eligibility is a cover letter (motor vehicle) . In addition, requests for another workshop such. B. be agreed at the place of residence of the vehicle owner, but the execution leads to the costs incurred, which are to be borne by the insured. Passengers other than the driver of the vehicle may not be taken along during the towing process.
The driver of the towing service must also take large parts of the vehicle that have been left lying around under his own safety ( warning clothing ) and transport fragments of the vehicle to the edge of the road. If the danger situation is unclear and the traffic situation is difficult, he can request administrative assistance from the police for the rescue work , which must then carry out a traffic safety measure.
General rules
The driver of the towing vehicle must have a valid driver's license for this vehicle . A person who is able to drive the vehicle and operate the brakes must sit in the towed vehicle (no valid driver's license required).
A vehicle that can still drive on its own may not be towed.
Vehicles with all-wheel drive and / or automatic transmission should preferably be transported with lifting goggles on the drive axle or fully loaded. However, many manufacturers allow a certain towing distance, which can usually be found in the vehicle's operating manual. Most of the time, the 50/50 rule applies to automatic transmissions. That means a maximum distance of 50 km with a maximum of 50 km / h.
If one only tows a motor vehicle for the purpose of starting the engine, one speaks of towing . This is a special form of towing ; the driver of the towed vehicle does not need a driver's license. After the engine has started, stop immediately and disconnect the vehicles. From then on, the normal rules apply again.
If the braking system of the broken- down vehicle is defective, or if it is heavier than 4 tons, a tow rope must no longer be used, but a tow bar must be used.
Austria
The following towing options are permitted in Austria:
- Rope (if the steering and a braking system working with the action of the auxiliary brake work);
- Rod (if the steering works (although it is unclear whether this requirement also includes functioning power steering assistance) - in this case the towing vehicle must be significantly heavier than the towed one);
- Lifting glasses, towing axle or crane truck (if the steering does not work).
When towing, there is a speed limit of 40 km / h - except when lifting glasses or a crane truck are used. The hazard warning lights may be switched on, but changes in direction must then be indicated manually. On motorways , towing is only allowed to the next exit, on motorways to the next intersection.
Sweden
In Sweden, a maximum speed of 40 km / h applies, even when towing with a tow truck (an axle raised in the glasses / hanger) - even on motorways. The fine for exceeding this maximum speed is around € 500.
Rail transport
In rail transport , too , locomotives that can no longer or are no longer allowed to move on their own must be towed. If the vehicle to be transported is still operational, it is referred to as towing, otherwise it is referred to as towing. Most vehicles are equipped with screw couplings and can therefore be towed by other rail vehicles with screw couplings. In addition to the mechanical connection between the towing and towed vehicle, it is also necessary to establish the brake connection by coupling the main air line . In addition, it may be necessary or useful to couple other components such as the main air reservoir line or train busbar .
However, multiple units such as the ICE or many local railcars have central buffer couplings that are not compatible with the screw couplings . So that these trains can also be towed by normal locomotives, many of these vehicles have an emergency coupling that creates a mechanical and pneumatic connection between the Scharfenberg coupling and the screw coupling . This emergency coupling is usually stored in the engine room and can be installed by two people within a short time.
Agriculture
In agriculture, towing is a mechanical measure to level out minor bumps in the grassland and manure residues from the spring fertilization to reduce the amount of soil in the forage. This cleaning leads to a better quality in the silage production and avoids incorrect fermentation. A reasonable speed will not damage the sward . As soon as there is an intervention in the upper soil layer, one speaks of harrowing .
See also
- Tow rope , tow bar , towing eye
- Pushing and moving the vehicle for commissioning
- Tugboat (ship type) , towing a ship
- Aircraft towing, towing in aviation
- Drag curve (Traktrix), mathematical principles
literature
- Bernd Huppertz: Stop Towing Parking. Practical manual with an overview of case law and tables of warnings and fines , 2004, Richard Boorberg Verlag, ISBN 3-415-03227-2
Web links
Individual evidence
- ↑ OLG Celle NZV 1994, 242.
- ↑ Federal Court of Justice, judgment of December 2, 2011 (PDF; 128 kB), Az. V ZR 30/11, full text.
- ↑ DAR 9/2014, p. 516 ff. Quoted from: http://www.test.de/abschleppen ( Memento from September 24, 2014 in the Internet Archive )
- ^ LG Hamburg, decision of January 21, 2008 , Az. 320 S 100/07.
- ↑ Overview of case law from parkraeume.blogspot.com and towing: ransom for the car
- ↑ Balke, Road Traffic AL 248, January 2014
- ↑ The requirement regarding the 4 tonnes comes from § 33 II 6 StVZO (old - deleted) of the regulation on "towing". According to the judgment of the OLG Hamm dated November 26, 65 3 Ss 1116/65 (closes) “The requirement in Section 33 (2) No. 7 StVZO [deleted - in the last valid version it was No. 6], a tow bar to be used if vehicles over 4 t GVW are used as trailers with the approval of the registration office, (...) not to require the driver to use a tow bar even when towing an inoperable vehicle according to § 18 StVZO. "
- ^ Karl Buchgraber, Gerhard Gindl: Contemporary Grassland Management . 2nd Edition. Leopold Stocker Verlag, Graz 2004, ISBN 3-7020-1073-4 .
