Vehicle registration document
The vehicle registration document (also vehicle letter , in Austria type certificate or individual approval , in Switzerland vehicle registration ) is an official document about the general registration of a motor vehicle for public road traffic .
The motor vehicle registration certificate was introduced in Germany with the regulation on motor vehicle traffic from April 11, 1934 to May 1, 1934. According to the law of the European Union (EU), the vehicle registration document is called “ Registration Certificate Part II”. Germany introduced this registration certificate on October 1, 2005 with the 38th ordinance amending road traffic regulations in order to implement current EU law (see Section 12 FZV ). However, the vehicle registration documents issued up to this point remain valid.
Information on their vehicle registration to road transport (registration) is a vehicle registration certificate (now the EU: "Registration Certificate Part I") issued.
When deregistering the vehicle (temporary shutdown), the vehicle registration document is not withdrawn, but is provided with a deregistration note. It will not be canceled, otherwise the letter will lose its validity.
Content of the vehicle registration document
Contents of the vehicle registration document are
- Individualization of the vehicle, usually based on the vehicle identification number assigned by the manufacturer (previously and still widely known today as the chassis number)
- the allocation of a vehicle registration number to a specific person (usually the owner)
- the compliance of the vehicle with the technical approval regulations of an EU country ( operating license ).
Property protection
The officially registered personal details designate the natural or legal person who is authorized to dispose of the vehicle .
This right of disposal only relates to public law responsibility for the vehicle. A transfer of ownership of the motor vehicle is therefore also possible without handing over the vehicle registration document, because the vehicle registration document is not a traditional paper . Rather, ownership of the letter rests with the owner of the vehicle in accordance with Section 952 BGB . Section 952 of the German Civil Code (BGB) is to be applied analogously, since the vehicle registration document is a public and not a civil law document.
According to the established case law of the Federal Court of Justice (BGH), possession of the vehicle registration document has an indicative function with regard to civil property. It is not possible to purchase a motor vehicle in good faith if the vehicle registration document 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. In practice, the indicative function is so significant that there is a popular view that the vehicle registration document embodies ownership of the vehicle or proves it. However, it does not have this civil law function - therefore it also expressly states that the holder of the registration certificate is not identified as the owner of the vehicle.
However, the vehicle registration document also has significance for the question of whether retention of title within the meaning of Section 449 of the German Civil Code (BGB) has been agreed upon when purchasing a vehicle : If the seller retains the vehicle registration document until the purchase price has been paid in full, this is to be seen as an indication that the parties have agreed retention of title was intended.
If the vehicle registration document is in the car, 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 car was only stolen because of the papers in it.
The guideline for registration certificates part I and part II explains the vehicle registration document and regulates the issue and completion by the registration offices. The guideline was last updated in 2006 in the Federal Law Gazette.
Explanations of the entries in Germany
- Point 1: Type of vehicle and body (e.g. closed car). The six-digit key number has the following meaning:
- Numbers 1 to 4:
- Numbers 5 and 6: The pollutant key provides information about the pollutant class (Euro 1, 3-liter car, etc.) and determines the amount of vehicle tax and driving bans in the event of ozone alarms
- Point 2: vehicle manufacturer . The four-digit manufacturer key number (HSN) is the identification number for the manufacturer.
- Point 3: Type and design . Contains the manufacturer's information on the type, which is also encoded in the type code number (TSN).
Text entries when the motor vehicle registration certificate was introduced in Germany in 1934
- Type of vehicle: Passenger car, omnibus, ambulance, truck, dump truck, fuel tank car, tractor, semi-trailer, special vehicle: for fire-fighting purposes, for street cleaning, for other purposes
- Chassis: a) manufacturer, b) serial number, c) year of manufacture
- The engine: a) the nature of the drive - the internal combustion engine: carburetor, diesel, hot bulb engine , gas generator for wood - for coal, steam engine, electric motor) power b in PS c) Displacement in cc (only for internal combustion engines): number of cylinders, the diameter of the cylinder in mm, piston stroke in mm d) Serial number e) Manufacturer f) Cycle: two-stroke - four-stroke
- Dead weight of the vehicle in kg
- Permissible load (except for tractors) in kg - load capacity of the chassis (only for trucks and buses) in kg
- Number of seats (including driver's seats and emergency seats) - For cars (seats), for buses (seats, standing room), for ambulances (seats, berths)
- Type of body: a) for passenger cars (open - closed - convertible - roll or sliding roof b) for trucks and articulated lorries (platform - open box - closed box - tarpaulin with fixed frame - loose bows )
- Dimensions over all, for articulated lorries including semi-trailer: length, width and height of the vehicle including hood or bow
- Wheels, tires, caterpillars: a) Wheel or caterpillar drive ? b) Number of wheels without spare wheels (twin wheels are easy to calculate) c) Number of driven axles d) Type of tires: single - double: air - elastic - iron e) Rim size (e.g. 3.25 Ex17) f) Are there grippers? (only for tractors): yes - no
- Smallest ground clearance in mm
- Brake system: a) Type of brakes (mechanical - compressed air - suction air - hydraulic) b) Manufacturer c) With compressed air, the brake pressure is in atmospheres d) Is there a brake connection to the trailer? Yes No
- Is there a trailer hitch? If yes: a) Type of attachment of the trailer: Through bolt - towing hook b) Diameter of the through bolt or the towing hook in mm c) Height of the towing device above the road surface in mm d) Maximum pulling force (only for tractors) in kg and km / h - on the road - in the field
- Is there a winch or capstan ? (except for passenger cars) yes - no How powered? By hand - by engine
- Maximum speed in km / h
- Axle and rim pressure in kg and kg / cm front - rear when loaded (only for vehicles with a gross vehicle weight exceeding 5.5 t; rim pressure only if the vehicle is not equipped with pneumatic tires)
- Loading space (only for trucks) a) Maximum internal dimensions in mm length - width - height b) Height of the loading area above the road in mm c) Is the loading area lined with sheet metal? yes - no d) Are there facilities for attaching seats? Yes No
- For fuel tank wagons a) capacity m³ b) At how many places can be tapped at the same time? c) Height of the tapping points above the road surface in mm d) Has a device for mechanical filling and emptying been installed? Yes No
- List price of the brand new vehicle in RM
The undersigned company certifies that the vehicle is correctly described in this letter, belongs to the category of vehicles with the password - distinguishing mark ... and corresponds to it in the parts marked in the approval. It is assured that the vehicle meets the legal requirements.
Individual evidence
- ↑ RGBl I 303
- ^ Artur Bormann: On the introduction of the vehicle registration document. In: Verkehrstechnik , Volume 15, No. 9 (May 5, 1934), pp. 221–222.
- ^ BGH, judgment of May 8, 1978, Az. VIII ZR 46/77, NJW 1978, 1854; Full text
- ↑ BGH, judgment of September 13, 2006, Az. VIII ZR 184/05, full text
- ↑ OLG Cologne, decision of September 12, 2003, Az .: 9 W 50/03, full text , controversial
- ↑ Verkehrsblatt 2005 p. 188
- ↑ Federal Law Gazette (Part I) No. 21 of April 29, 2006