From 01.05.2006 is in accordance with. § 2 Abs. 3a StVO to equip a motor vehicle always according to the weather conditions. In appropriate weather conditions and taking into account the environment in which the vehicle is being driven, this results in a duty to drive, if necessary. To drive with winter tires. From the "winter tire obligation This gives rise to a number of insurance-related. Also general-haftungsrechtlicher problems.
A violation of the "winter tire obligation" is a misdemeanor, which in case of obstruction even leads to registration in the VZR with a point.
In 2010, an amendment to the Highway Code was planned, in which then for the first time the term "winter tires" should come up. In the period from O to O (October to Easter) should then the use of winter tires in "winter road conditions" are obligatory in public traffic and the non-use of them is a misdemeanor. The relevant terms should be defined by law, so that the legal opinion of the OLG Oldenburg regarding the unconstitutionality of the previous fine regulation should no longer prevail. On 04.12.2010 is the amendment ordinance to the StVO. To the catalog of fines concerning the winter tire obligation came into force. 12.2010 is the amendment regulation to the StVO. On the catalog of fines concerning the obligation to use winter tires came into force. 2010 is the amendment ordinance to the StVO. To the catalog of fines concerning the winter tire obligation came into force. The Federal Ministry of Transport has summarized the changes as follows:
For car, motorcycle and truck drivers then:
– According to the German Weather Service, black ice, slippery snow, slush, ice or frost are considered to be winter weather conditions. In such weather conditions, the use of summer tires may affect the safety of road traffic.
– Set a fixed time period for a winter tire requirement (z.B. From October to April) will not be available. The weather conditions in Germany are too different for this.
– The provision clarifies that only driving with winter tires is mandatory. Those who merely park their vehicles with summer tires in snow and ice need not fear any consequences.
– All M+S tires are considered winter tires. All-season tires also fall under this.
– Commercially available winter tires are marked with an M+S symbol, sometimes also in conjunction with the mountain pictogram with snowflake (Alpine symbol).
– M+S tires are tires in which the tread pattern and structure are designed to ensure better handling characteristics than normal tires, especially on slush and fresh or melting snow.
– The tread pattern of M+S tires is generally characterized by larger tread grooves and / or lugs. These are separated from each other by larger gaps than in normal tires.
– Heavy commercial vehicles (buses and trucks of vehicle classes M2, M3, N2 and N3) must mount winter tires on the drive axles. Background: the tires on the remaining axles have better grip properties than passenger car summer tires due to increased natural rubber content, making them suitable for year-round use in principle.
Agricultural and forestry vehicles are exempt from the regulations, as their tires provide sufficient safety in winter weather conditions due to their coarse profile.
Higher fines should guarantee compliance with the regulations
The standard rates for fines for violations are to be doubled. Driving without winter tires in the above-mentioned weather conditions will in future cost 40 instead of the previous 20 euros. In case of obstruction of other road users 80, instead of 40 Euro will be charged. This also means that a Entry of a point in the central traffic register associated.
General:
Winter tires according to the StVZO and their use according to the weather conditions
European legal definition of winter tires
Schubert DAR 2006, 112: General information on winter tires
BGH v. 11.03.1970: Even if the weather service only warns of the risk of frost formation, a motor vehicle driver cannot be sure of black ice formation. The decision as to whether a motorist had to expect black ice on a particular road is largely a question of fact. A driver with little driving experience must behave with particular care; lack of experience and knowledge cannot be held against him.
Hamburg Higher Regional Court v. 23.04.2007: If a rental car is not equipped with special winter tires by the car rental company, it is not suitable for use in accordance with the contract in winter weather and road conditions. However, the tenant must prove that the lack of winter tires was the cause of an accident, because if the rented property is returned in damaged condition, it is presumed that the tenant is at fault for this.
Constitutional law:
OLG Oldenburg v. 09.07.2010: The offence of imposing a fine according to §§ 49 para. 1 no. 2, 2 para. 3a S. 1, 2 StVO is unconstitutional due to violation of the requirement of certainty, insofar as it penalizes a violation of the requirement to equip a motor vehicle with suitable tires adapted to the weather conditions.
Bverfg v. 24.03.2011: The imposition of a fine in the amount of 40 euros for a violation of the winter tire obligation according to the law that has since been amended, which leads to an entry in the central traffic register (§ 28 Abs 3 Nr 3 StVG), does not constitute a particularly serious disadvantage within the meaning of § 93a Abs 2 b BVerfGG.
Insurance Law:
The endangerment of the insurance coverage in case of non-use of winter tires in the vehicle insurance
OLG Frankfurt am Main v. 10.07.2003: No comprehensive insurance cover is provided for anyone who slips in winter in Arosa/Switzerland with a vehicle fitted with summer tires and snow chains mounted on the rear tires, which are not permitted for this type of tire.
LG Hamburg v. 02.07.2010: It does not constitute gross negligence to cause the insured event if the policyholder does not use winter tires despite wintry road conditions. If he drives off the road in such conditions and crashes into a property wall, there are also doubts about the causality of the lack of winter tires.
Joint liability in case of accidents:
The consideration of the non-use of winter tires in extreme winter road conditions in the weighing of liability after traffic accidents.
AG Trier v. 21.03.1986: If a privileged vehicle equipped only with summer tires skids in winter due to braking on a snow-covered road after it has been disabled, a joint liability rate of 20 percent is to be assumed.
Administrative offense:
AG Velbert v. 13.08.2010: The offence of imposing a fine according to §§ 49 para. 1 no. 2, 2 para. 3a S. 1, 2 StVO is contrary to the legal opinion of the OLG Oldenburg of 09.07.2010 (2 SsRs 220/09) not unconstitutional. In the case of negligent commission, a fine of €40.00 is appropriate (regular bus driver).