At the Moselle, you can book round trips through the vineyards with a covered wagon at many wineries. These are converted horse-drawn vehicles. An old tractor then pulls the tourists in a covered wagon along farm tracks between the vines through the vineyard and to special vantage points, and the winemaker provides a few bottles of wine for tasting. The fearless guests can enjoy the magnificent view during the ride, for example over the terraced landscape of the Moselle in Winningen. Wagon rides are also offered in steep vineyards, which does not seem harmless. Such excursions are very common in wine-growing areas and are extremely popular for bachelor parties, Father's Day tours or company celebrations. During the trips, the winemaker informs the guests about viticulture. The price for covered wagon trips in wine-growing areas is around 300 EUR for 2-3 hours and carries a minimum of 10 to a maximum of 18 people.
Regulations for the transportation of persons on trailers in the StVO
Recently, however, there have been a number of serious traffic accidents with many injuries on such covered wagon trips. Some administrative authorities, such as the district administration of Südliche Weinstraße, have therefore informed winegrowers that such covered wagon trips, which have been tolerated up to now, may no longer be operated. According to § 21 of the German Road Traffic Regulations (StVO), the transportation of persons on trailers is prohibited. The only exception to this is transportation for agricultural or forestry purposes. In this case, suitable seating must be provided on the trailer for the persons being transported. The second exception to the StVO (StVOuaVsAusnV 2) allows the transportation of persons on trailers for local traditional events. Local traditional events include, for example, church fairs, carnival parades, marksmen and fire brigade festivals. They do not include, for example, Father's Day tours, school trips or private parties. A maximum of 15 trips per year are only permitted for the purpose of preserving traditions and without remuneration. Regular tourist trips, where commercial and business purposes are in the foreground, are not considered to be traditional events.
Risk of penalty proceedings
In the future, the winemaker or farmer would have to register a business, obtain a permit and hold a passenger transport license (up to eight passengers) or even a bus driver's license (over eight passengers). A special permit must also be obtained for driving on agricultural roads and an expert inspection of the vehicles is necessary. Furthermore, special liability insurance must be taken out for the purposes mentioned. In the event of violations, fines will be imposed in the future. Winemakers expect additional costs of €10,000-15,000, which is why many have already removed the offer for such covered wagon trips from their homepage.
In this context, there is often a need for advice. In any case, if a fine is imposed, it is essential to seek the help of a Lawyer specializing in traffic law.
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.