Vehicle owner
A vehicle owner (also briefly holder is called) a person who has actual control over a motor vehicle and used it for their own account. The vehicle owner also denies the costs and benefits from its use. The entry in the registration certificate part I (up to September 30, 2005: vehicle registration ) and registration certificate part II (up to September 30, 2005: vehicle registration ) is therefore not decisive for the term vehicle owner. In jurisprudence, however, it is discussed whether the entry in the registration certificate Part I ( vehicle registration ) provides refutable prima facie evidence of owner status. The LG Nürnberg-Fürth has rejected such prima facie evidence, in particular because in practice numerous constellations arise where the person who actually uses the vehicle economically (and is therefore the owner) differs from the person entered in the ZB Part 1. Example: Motor vehicle insurance is cheaper due to a higher SF class if the vehicle is not registered on the son but on his father. In fact, the vehicle is only driven by the son, who also covers all other costs for the vehicle.
The ownership of the vehicle is also not decisive for the classification as a vehicle owner, i. H. who owns the vehicle, so that the owner can in turn be a person who can be distinguished from the person to whom the vehicle is registered and from the person of the owner. According to established case law , however, the rebuttable presumption applies that the person to whom the vehicle is registered in the registration certificate Part II ( vehicle registration document ) also owns the vehicle - because this is part of the common conception in legal traffic. A corresponding deviation should be clearly recorded in writing when the vehicle is transferred. If there is no such agreement (e.g. with the insurance company or the bank), the person in the vehicle registration document is usually regarded as the owner in legal transactions and must, if necessary, be treated as the owner for all legal issues. As such , he is liable for all property issues in connection with the vehicle; he is the sole owner for third parties. An indication that the vehicle was only registered for him for insurance reasons is then completely insignificant for third parties. Example : In the case of leased vehicles , the leasing company is the owner and the lessee is the vehicle owner.
In addition to the vehicle owner, the person entered in the registration certificates and the owner, a distinction can also be made between the policyholder and the owner of the vehicle. All of these can be different people.
Vehicle owner liability
The civil law liability of the owner is regulated in § 7 StVG .
According to § 31 StVZO , the vehicle owner is responsible for the proper operation of the vehicle, regardless of who drives it. He may not order or permit commissioning
- if he knows or must know that the driver is not suitable for independent management, for example because he does not have a driving license or is drunk
- if the vehicle does not comply with regulations, for example if the operating permit has expired
- if the vehicle is not roadworthy, for example due to worn tires or unsecured cargo .
The responsibility of the vehicle owner means that the police can initiate administrative offense proceedings against both the driver and the owner in the event of technical defects (e.g. worn tires) . The owner property is not a legal but rather an economic relationship.
Basically, the vehicle owner is obliged by § 1 PflVG a motor vehicle liability insurance taken out for the vehicle, but the holder must not be identical with the policyholder. Most motor vehicle liability insurances do not allow vehicle owners and policyholders to fall apart, or charge high premiums for this constellation (“different ownership”).
literature
- Peter Hentschel : Road Traffic Law (= Becksche Kurzkommentare . Volume 5 ). 38th edition. CH Beck, Munich 2005, ISBN 3-406-52996-8 .
