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Winter is upon us and as a public service we have loosely translated the ADAC Frequently Asked Questions about the new Winter Tire Regulation for 2017 in Germany. New Winter Tire Law in Germany - 2017 From ADAC – German Automobile Club The uncertainty with the subject “Winter Tires” is extreme. The ADAC lawyers have put together the most frequently asked questions regarding Winter Tires. Question. What has changed with the Winter Tire law and which tires can now be used? Answer. New is that tires marked with only “M+S” are no longer sufficient for winter driving periods. The § 2 Abs. 3a of the StVO refers to the new § 36 Abs. 4 of the StVZO in which tires are considered only satisfactory for use in Winter when the Alpine Symbol (mountain pictogram with a snowflake) is shown on the sidewall under the Ruling #117 of the Commerce Commission of the United Nations for Europe (UNECE) – the uniform provisions concerning the approval of tires with regard to the rolling tread noise emissions and the traction on wet surfaces and/or rolling resistance (ABl. L 218 vom 12.8.2016, S. 1). While the term „M+S“does not undergo uniform test criteria, tires with the Alpine-Symbol undergo strict standardization procedures and criteria. Tires manufactured up to 31 December 2017 that carry „M+S“on the sidewall are considered sufficient for winter use until 30 September 2024. The legislation has granted this very long transitional period of use in an effort to avoid financial hardships on those produced or already purchased tires. Question. Is there a specific time period for the mandatory winter tires usage? Answer. No. A specific time frame (date), as an example, mandatory winter tire usage from October to Easter is not given. It remains to be a situational requirement for winter tires. All vehicle drivers and owners are subject to this regulation as well as those who have vehicles registered in a foreign country. The regulation provides that it is forbidden to use summer tires in wintry road conditions. This provision is in place to prevent car owners from facing the consequences of having summer tires mounted when the car is parked during snow and ice periods. Question. What are the fines for non-pursuit of the winter tire regulation? Answer. The first offense is a 60 EURO fine and one (1) point in the driver’s registry. Further offenses are 80 Euro + one point in the registry. A new addition to this regulation is a fine of 75 Euros plus one (1) point for the owner of the vehicle that allows the use of the said vehicle without the proper tires for the road conditions. Question. Are there exceptions to the winter tire requirement? Answer. The following vehicles are exempt from the winter tire requirement: • Forestry and Farm Vehicles • Motorcycles/scooters • Forklifts listed in § 2 Number 18 der Fahrzeug-Zulassungsverordnung (FZV), • Motorized wheelchairs listed in § 2 Number 13 FZV • Emergency vehicles referred to in § 35 Absatz 1 StVO organizations, provided there are no suitable tires for this vehicle type as described in § 36 Absatz 4 der Straßenverkehrs-Zulassungs-Ordnung • Special vehicles in which there are no suitable tires in the categories C1, C2 or C3 available. But, the following usage reductions apply: • It must be determined, before each use, that the non-compliant vehicle‘s use cannot be substituted with that of another vehicle that is in compliance. • During the use of the non-compliant vehicle, the distance in meters between the non-compliant vehicle and the vehicle in front must be a minimum of ½ of the speedometer reading in km/h. • The speed of the non-compliant vehicle cannot exceed 50 km/h, if there is not a lower speed possible. Question. To whom does the winter tire regulation apply? Answer. The regulation does not only apply to the vehicle driver, it also applies to the vehicle owner. Question. Are winter tires required for motorcycles? Answer. The new regulation provides motorcycles to be exempt from the winter tire requirement. This change is due to the fact that winter tires for motorcycles are difficult to procure that carry the required Alpine-Symbol. It was determined in the last years that during winter snow and ice, very few motorcycles are in use. Question. Must vacationers with vehicles registered in a foreign country ensure their vehicles meet the winter tire regulations for Germany? Answer. Yes. According to § 2 Abs. 3 a StVO, vehicles used on German roads must comply. This applies to vehicles registered in foreign countries. Question. In the event of an accident during winter conditions with a vehicle with summer tires mounted, what are the insurance coverage consequences? Answer. If an accident occurs during the use of summer tires, it could gravely effect the insurance coverage due to gross negligence. Question. Is there a „joint liability“when the vehicle is fitted with summer tires during winter conditions? Answer. Yes. Joint liability can come into play with the liability insurance coverage in the event of an accident when a vehicle is used with summer tires. The joint liability reverts to the vehicle owner’s operational risk (§ 7 StVG). The operational risk is the risk that is regularly and necessarily related to the operation of a motor vehicle. In the event of an accident, the vehicle owner can be held with joint liability even if the accident is caused by the other party. This comes from a Trier court ruling (zfs 1987, 162) of a 20% joint liability was levied when a vehicle equipped with summer tires on snowy road conditions was involved in an accident while trying to avoid an accident caused by another party. Also the driver can be held liable in violation of § 2 Abs. 3 a StVO when operating a motor vehicle with summer tires during winter road conditions (snow & ice). Question. Rental Vehicles? Answer. Many car rental companies offer winter tires as an additional feature. Car rental companies are required to offer vehicles that are safe and roadworthy. This is not the case when a car is rented with summer tires during winter road conditions. In order to avoid a dispute, the individual, during the rental car reservation should identify if the car to be rented is equipped with winter tires. It is often the rental company will charge extra for vehicles equipped with winter tires. Question. What about trailers? Answer. Trailers are not required to be fitted with winter tires. The regulation requires appropriate winter tires for motor vehicles. Question. In the case of a flat tire? Answer. In the case of a flat tire that is changed with a summer tire, there is no penalty. However, the use must be temporary and the summer tire must be replaced with a winter tire as soon as possible. A practical note. Please note that the regulation for winter tires equates to winter tires being mounted on all wheels. In the case of only one position having an improper tire mounted (with the exception of a replacement for a flat tire), the requirement is not fulfilled and the vehicle driver/owner become liable for penalty.

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