Vehicles must be presented for a main inspection at certain time intervals, more precisely at the TÜV or to another testing organization (e.g. Dekra). This is to prevent defective cars from posing a danger to drivers, passengers and other road users. The only vehicles exempt from this requirement are mopeds, quads and light motor vehicles that are not allowed to travel faster than 45 km/h. The intervals to be observed are listed in Appendix VIII to § 29 of the German Road Traffic Registration Ordinance (StVZO). The intervals for the main inspection (HU) depend on the respective type of vehicle. A new car must be inspected for the first time after 36 months. After that, an MOT inspection is due every two years. This applies not only to combustion engine vehicles, but also to electric cars. For new motorcycles, the law requires the first main inspection after just 24 months. After that, follow-up inspections are required every 24 months.
The official inspection sticker becomes invalid at the end of the month and year indicated on it. The year is in the middle, with the top number indicating the month of expiry.
Legal relevance of fines for missing deadlines
The fines that may be imposed for missing the appointment for presentation of the vehicle can be found in No. 186 ff of the list of fines. The amount of the fine depends in particular on how long the presentation date was exceeded. A warning is issued for cars only if the presentation date is exceeded by more than 2 months; the fine is then only 15 euros. Only if the delay exceeds eight months will a fine of €60 be imposed and a point added to the driver's license in the central driver qualification register in Flensburg. The vehicle owner is always held responsible.
Objections to the fine
In practice, it is possible to object that the vehicle was not used on public roads and was only parked on private property. However, according to the wording, this does not preclude an administrative offense.[1] The starting point for the owner's obligation to present the vehicle is not the actual use of the vehicle, "but the fact that the vehicle is legally registered for use on public roads by the allocation of an official license plate".[2] Many owners are apparently unaware that even old caravans may not be left on private property if the date of the next general inspection has passed.
Chances of the proceedings being dropped
However, this objection may, under certain circumstances, lead to the proceedings being discontinued on grounds of expediency pursuant to Section 47 of the German Administrative Offenses Act. Due to the minor fault and the lack of danger to road traffic, there is clearly no need to prosecute the administrative offense.
Impending surcharges by the inspection organization at the demonstration
The inspection organization does not impose any fines for late presentation. However, if the deadline is exceeded by more than two months, the inspection organization is allowed to charge a 20% surcharge on the main inspection price, since the vehicle now needs to be inspected more thoroughly.
If you, as the owner, are subject to a fine, you should definitely seek the help of a Lawyer specializing in traffic law.
[1] Semrau, in; Haus/Krumm/Quarch, Gesamtes Verkehrsrecht, 2021, § 29 StVZO, Rn 12.
[2] OLG Koblenz, decision of April 17, 1996 - 2 Ss 101/96.
The statements represent initial information that was current for the law applicable in Germany at the time of initial publication. The legal situation may have changed since then. Furthermore, the information provided cannot replace individual advice on a specific matter. Please contact us for this purpose.