Registration certificate

This article describes the registration certificate according to current German and Austrian law. For the previous legal situation, compare the vehicle registration document and vehicle registration document (for Germany) or registration certificate and type certificate (for Austria).

The registration certificate is in Germany and in Austria , an official certificate on the street-legal vehicle . The contents of the registration certificate are:

• the individualization of the vehicle, usually based on the vehicle identification number assigned by the manufacturer ( colloquially : chassis number )
• the allocation of a vehicle registration number to a specific person (this is usually the owner, however the registration certificate in Germany and Austria does not constitute proof of ownership; this may be different in other EU countries)
• the fact that the vehicle meets the technical approval regulations ( type approval ) of an EU country.

The person entered in the registration certificate is only the owner of the vehicle. This can - but does not have to - be identical to the owner or owner. It is therefore made clear on Part II of the registration certificate (field C.4c) that the owner is not identified as the owner of the vehicle.

The registration certificate was introduced on the basis of Council Directive 1999/37 / EC of April 29, 1999 on registration documents for vehicles in the member states of the European Union by 2005 in order to standardize the different national registration procedures and improve data protection . For example, the earlier German vehicle registration document contained the names and place of residence of up to six owners and the times of their ownerships. In Austria, the number of previous owners of the registration with name, address and period were previously entered in the type certificate.

The registration certificate consists either of one part or of two parts (Art. 3 Paragraph 1 of Directive 1999/37 / EC). In fact, the registration certificates in the individual Member States - sometimes even within them - differ considerably from one another. Unlike in Germany, the French certificat d'immatriculation, for example, only consists of one part. The data is also not protected uniformly across Europe.

Germany

For motor vehicle registrations and -Ummeldungen replaces registration certificate I part since 1 October 2005 in Germany the registration certificate , the registration certificate Part II replaces the vehicle registration document .

advantages

The most important advantages of the new documents are seen as greater security against forgery , EU-wide readability and the standardization of the data fields. In addition, Part I of the registration certificate contains more information than the vehicle registration document issued by the end of September 2005.

disadvantage

The main criticism is that the previous and the current owner of the vehicle can be listed in Part II (as opposed to six in the German vehicle registration document until the end of September 2005). The consequence is a difficult valuation of used vehicles. However, the European Union refuses to list any further holders for reasons of data protection. Point B (1), however, shows the number of previous owners of the vehicle.

Another criticism is that only one permissible tire size is specified. In the former vehicle registration documents, there were usually several sizes that could be used as desired.

exchange

There is no obligation to exchange: You do not have to replace the old vehicle documents with new ones. However, there must be no old and new papers for any vehicle (for example an old vehicle registration document and a new registration certificate Part II).

The old papers are exchanged for a fee if the registration office has to change the old papers for the first time, for example when changing or registering or retrofitting a soot particle filter . The vehicle registration document is destroyed, it replaces the registration certificate part I , the vehicle registration document is canceled, it replaces the registration certificate part II .

Use of the old names

The old designations vehicle registration and vehicle registration document can also be used for the registration certificates, as the old designations are still printed in small print directly under the new designations on the new forms.

Registration certificate Part I / vehicle registration)

The registration certificate Part I is regulated in § 11 FZV , which refers to sample 5 of the FZV . This is printed on both sides on special paper in the format 210 mm × 105 mm (foldable twice on DIN A7).

Sometimes the transfer of old information into the new papers causes problems. In Germany , for example, only one tire size is entered in Part I , Item 15 (tires). The documentation of any alternative entries or exemptions from tire bindings as well as all other technical changes to the series condition that are subject to registration should be made in field 22 (comments and exceptions) with appropriate referencing (in the case of tire bindings, for example, to item 15), but this is not handled in a regionally uniform manner.

In principle, the new field 22 of the registration certificate Part I is used to transfer the entries in the "Comments" field of the former vehicle registration document.

If there is not enough space there, a supplementary sheet is given out, sometimes pinned on. Some registration offices fill out this field with an aid that automatically transfers the references to the digits of the old vehicle license to the digits of the registration certificate Part I so that the referencing is correct again.

It is recommended that when the new papers are issued, you have the old vehicle registration document voided and that you keep it carefully so that you can find out what the original entries looked like at a later date. In any case, it is advisable to carefully check the correct transmission of all information when the new papers are issued and - if necessary - to complain directly to the registration office.

The police are entitled to inspect the registration certificate I during an inspection; in accordance with Section 11 (6) of the FZV , they must always be carried when driving a motor vehicle. Those who do not submit the registration certificate Part I at a police control, commits accordance with § 48 no. 5 FZV a misdemeanor and can with a caution money are punished by ten euros.

Details of the individual fields

Front and back of the German registration certificate Part I , as of 2007

B.	date of registration of the vehicle	2.1	Code for 2	2.2	Code for D.2 with check digit
J	Vehicle class	4th	Type of construction
E.	Vehicle identification number	3	Check digit of the vehicle identification number
D.1	brand
D.2	Type / variant / version
D.3	Trade names
2	Manufacturer short name
5	designation of the vehicle class and structure
V.9	for the EC type-approval authoritative Emission class
14th	Designation of National Emission Class
P.3	fuel or power source
10	Code for P.3	14.1	Code to V.9 or 14	P.1	Cubic capacity in cm³
22nd	remarks and exceptions

L.	number of axes	9	Number of drive axles	P.2 / P.4	Rated power in kW / nominal speed in min -1	T	Top speed in km / h
18th	length in mm			19th	Width in mm without mirror and attachments
20th	Height in mm			G	Mass of the vehicle in operation in kg empty mass
12	Volume of the tank for tank vehicles in m³	13	Nose weight in kg	Q	Power-to-weight ratio in kW / kg only for motorcycles
V.7	CO 2 in g / km combined value	F.1	Technically permissible total weight in kg	F.2	Maximum permissible mass in kg in the Member State of registration
7.1	Axle load axle 1 in kg	7.2	Axle load axle 2 in kg	7.3	Axle load on axle 3 in kg	...
8.1	Axle load axle 1 in kg	8.2	Axle load axle 2 in kg	8.3	Axle load on axle 3 in kg	...
U.1	Standing noise in dB A	U.2	Speed in min −1 for U.1	U.3	Driving noise in dB A
O.1	Techn. Permissible trailer load, braked, in kg	O.2	Techn. Permissible trailer load unbraked in kg	P.1	Seats including driver's seat	P.2	Standing room
15.1	Tires - axle 1
15.2	Tires - axle 2
15.3	Tires - axle 3
R.	color of the vehicle			11	Code to r
K	Number of the EC type-approval or ABE
6th	Date to K	17th	Feature for operating permit	16	Number of the registration certificate part II
21st	Other notes

H	Validity period
I.	Date of approval
7th	Technically permissible maximum axle load / mass per axle group in kg
8th	Maximum permissible axle load in the country of registration in kg
15th	Tires

Registration certificate part II (vehicle registration document)

German version of the registration certificate Part II

The registration certificate Part II is in § 12 controlled FZV which in para. 2 to the pattern 7 of the FZV points. In Germany this consists of a single-sided printed document on forgery-proof special paper in the format 21 cm × 30.48 cm (formatted 21 cm × 29.7 cm). The back is provided with a monochrome underprint.

The owner of a vehicle (colloquially often incorrectly referred to as the previous owner) can no longer be traced by name with the exception of the last owner (in contrast to the vehicle registration document issued up to September 30, 2005). Instead, only the day of the first admission and the number of holders are entered. From the third owner of the vehicle onwards, a new document is issued for every second subsequent owner (i.e. the fifth, the seventh, etc.) upon registration.

As of January 1, 2018, Part II of the registration certificate will receive a security code for internet-based authorization procedures, which is covered by a visible marking that makes forgery difficult ( BGBl. 2017 I pp. 3090, 3094 ). If it is released for use, the document loses its validity.

Property protection

The officially registered personal details designate the natural or legal person who is authorized to dispose of the vehicle .

In the Federal Republic of Germany, part II of the registration certificate does not constitute proof of ownership. In field C.4c, the following is noted: "The holder of the registration certificate is not identified as the owner of the vehicle." This may be different in other EU countries.

This right of disposal only relates to public law responsibility for the vehicle. A transfer of ownership of the vehicle is therefore also possible without handing over the registration certificate Part II (vehicle registration document), because it is not a traditional paper . According to established case law, the registration certificate part II has an indicative function with regard to civil property. So who is bona fide purchase of a car is not possible if the registration certificate Part II is not handed over. If it turns out that the seller was not entitled to transfer ownership of the vehicle , the purchaser has not acquired ownership of the vehicle. The indicative function is so significant in practice that there is a common view that the registration certificate Part II (vehicle registration document) embodies ownership of the vehicle or proves it. However, it does not have this civil law function.

Motor vehicles with a maximum output of 11 kW are an exception. Only part I of the registration certificate is issued for them at the registration office.

Without submission of the registration certificate Part II, the registration office cannot assign a (new) official registration number or change the owner. For reasons of public order, it should be prevented that a stolen or illegally obtained vehicle is brought into traffic. In fact, a possible security owner is protected at the same time (such as the finance bank when buying the vehicle on credit). The importance of the registration certificate, part II, should be noted when financing vehicles by means of transfer by way of security .

If the registration certificate Part II is in the vehicle, this circumstance is assessed as gross negligence . Theft insurances therefore generally refuse to provide a corresponding replacement. However, the Cologne Higher Regional Court ruled that the insurance company is still obliged to pay. An exception only applies if it can prove that the vehicle was only stolen because of the papers in it.

Form theft

Registration offices have already been victims of break-ins, in which hundreds of blank forms of registration certificates were stolen. These papers are already provided with a document serial number. They are issued to the stolen vehicles by vehicle thieves. The Federal Ministry of Transport referred to data protection and prevented the publication of the serial numbers of the stolen forms. Car buyers are thus at the mercy of fraud, as they can neither check the serial number nor, as is common in the USA , the vehicle identification number as stolen via the Internet. The buyer of a stolen car is threatened with a surprise at the registration office. There the vehicle is recognized and confiscated as stolen property. Since fences fill out the papers, they can also enter a fictitious identity in the papers as the owner and are therefore no longer tangible.

Austria

Cover sheet of the Austrian registration certificate Part I

The registration certificates part I and part II are official documents to clarify the operating authorization of a motor vehicle on public roads in Austria , they are issued directly with the license plate .

In Austria, the registration certificate has been replaced by the registration certificates Part I and Part II since 1999.

The registration certificate Part I must be carried in the company and, since December 2010, can also be requested in ID-1 format (credit card size ) with a chip.

The registration certificate part II is usually kept with the type certificate at the owner 's, usually at home or at the financing bank.

In contrast to the registration certificates, the registration certificate is issued by the registration offices, which are usually located at branches of insurance companies . These are subsequently also responsible for handing over the license plates. If they are lost, copies of the certificates are issued there within a short time.

Since January 2011, the registration certificate has also been issued in credit card format with a chip. This means that all the data is no longer available as visually readable text on the card, but can only be read from the chip. The second part of the certificate is issued as before. After Slovakia , Austria is the second country in Europe in which the recommendation of the European Union has been implemented.

Web links

• Registration certificate in Austria
• Changes to the registration of vehicles from July 1, 2007 - Information from the Austrian Federal Ministry for Transport, Innovation and Technology (PDF file; 125 kB)
• Ordinance on the admission of vehicles to road traffic
• Checking the vehicle identification number for typing errors and falsification - Section 3 of the registration certificate, part I.
• Registration certificate in credit card format for Austria
• Description of colors and coding - digits R and 11 of the registration certificate part I.

Individual evidence

1. ↑ Guideline of the Federal Motor Transport Authority for filling out the registration certificate part I and part II. (PDF; 262 kB) Guideline registration certificate I and II. (No longer available online.) May 31, 2007, archived from the original on November 25, 2011 ; Retrieved November 25, 2011 . Info: The archive link was inserted automatically and has not yet been checked. Please check the original and archive link according to the instructions and then remove this notice.  
2. ↑ Directive 99/37 / EC
3. ↑ VG Munich, judgment of October 25, 2017 - M 23 K 17.2281 para. 22nd
4. ^ BGH NJW 1978, 1854.
5. ↑ OLG Cologne, decision of September 12, 2003, Az. 9 W 50/03, full text , controversial.
6. ↑ Silke Meyer: Crooks tricks: Fraud with vehicle documents - gangs steal blank vehicle documents from registration offices - authorities reject buyer protection ( memento from November 28, 2012 in the Internet Archive ) in the business magazine Plusminus (Das Erste) from November 21, 2012
7. ↑ Fraud with stolen blank vehicle documents ( memento of April 9, 2013 in the Internet Archive ), mdr Umschau, November 6, 2012
8. ^ "Vehicle registration" , help.gv.at
9. ^ Certificate of approval as a check card on the ÖAMTC website , accessed on December 7, 2010

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