In Germany, there is no general requirement to use winter tires, but caution is advised: under certain conditions, the use of winter tires is required by law. Dr. jur. Ingo Fromm, a specialist in this field, explains what this means for you and how you can avoid fines.
Situational winter tire requirement: When are winter tires mandatory?
In Germany, there is no general winter tire requirement during the cold season. This is stated in § 2 para. 3a StVO:
When there is black ice, packed snow, slush, ice or frost on the road, you may only use the road if all wheels are equipped with tires that meet the requirements of § 36, paragraph 4 of the Road(StVZO). According to this, "winter tires" are only to be used in such winter road conditions. The winter tire requirement for vehicles is linked to the actual road conditions. This is therefore referred to as a "situational winter tire requirement". If it is sunny and dry in winter, drivers can also drive with summer tires. Whether or not a violation has occurred depends on the specific individual case. Extreme sub-zero temperatures alone are not enough. If snow falls but does not stay on the ground, it is not enough either. If in doubt, the road conditions should be documented in detail with pictures so that the fine proceedings can be successfully concluded.
No fixed period: depending on weather conditions
The law does not specify a fixed period for the winter tire requirement, such as from October to Easter. The current weather conditions are the deciding factor. In theory, therefore, it would also be mandatory to use tires for winter weather conditions if there were a cold snap with black ice at the edge of the Alps in June.
New rules from October 2024
New rules for winter tires will come into force on October 1, 2024. According to the StVZO, only tires that display the Alpine symbol, a mountain pictogram with a snowflake, are considered suitable for winter use. All-season tires are only considered winter tires in the legal sense if they have the Alpine symbol.
Exceptions to the winter tire requirement
Certain types of vehicles are exempt from the winter tire requirement. These include:
- agricultural and forestry vehicles
- motorcycles
- Trailers
Sticker requirement for tires with a lower maximum speed
According to § 36 V StVZO, a sticker must be present in the vehicle if the maximum permissible speed of the winter tires is below the speed entered in the vehicle registration document. If, for example, the maximum speed of a car is listed as 210 km/h and the maximum speed of the tires fitted is 190 km/h, the sticker is required in the driver's field of vision. Consequently, you may only drive at a maximum speed of 190 km/h with these tires. Otherwise, you may be fined 20 EUR.
Fines: What are the penalties for violations?
Anyone driving on wintery roads with summer tires risks a fine of €60 and a point on their license in Flensburg, according to No. 5a BKat. Both the driver and the owner are responsible for ensuring that the tires are properly fitted. The latter can also be prosecuted under no. 213a BKat (75 euros, one point in the driver aptitude register).
If another road user is obstructed or even endangered, the fines can be significantly higher depending on the severity of the consequences.
Seek expert advice: Know your rights
Fines can be complex. Use the expertise of a lawyer specializing in traffic law to protect your interests.
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.