Magnetic license plate holder allowed - even without TÜV and ABE - as of 03/2024
Magnetic license plate holders allowed in 2024?
Every day we receive many questions about whether magnetic license plate holders are legal or not.
It seems that the recent changes have left many questions unanswered.
This article aims to explain how the legislation has changed over time and what the current status is.
Before 02.2023:
The Vehicle Registration Ordinance (FZV) applies when attaching license plates. It reads as follows.
“§ 10 Design and attachment of the license plates
(5) Registration plates must be present on the front and rear of the motor vehicle and must be firmly attached.’ 1
There is no further definition of when a license plate is "permanently attached". Virtually all mounts can be used as long as the attachment of the license plate can be considered "permanent".
This is where the first problems and uncertainties arose, as some examiners and police officers had to judge at their own discretion what was “solid” and there were very strong deviations depending on which police officer or examiner was caught.
After 02.2023:
The Federal Motor Transport Authority (KBA) has issued a statement which further defines the wording "firmly attached". This again caused confusion, as this statement could only be viewed if one had bought it from the KBA for €15. It said:
"Section 10, paragraph 5 of the Vehicle Registration Ordinance (FZV) requires the "permanent attachment" of the license plate to the front and rear of the vehicle. In practice, the "permanent attachment" is sometimes interpreted differently. According to a common understanding of the Federal Ministry for Digital and Transport (BMDV) and the highest state authorities responsible for vehicle registration, a license plate attachment meets the requirement of a permanent attachment within the meaning of the FZV if a tool is required to remove an attached license plate...."²
In other words, "permanently attached" becomes "license plate may only be removed with a tool", which has banned magnets, Velcro and other frameless license plate holders.
Aside from the usefulness of this announcement, there was extreme uncertainty because the FZV has not changed, but has only been expanded to include the announcement, which no one could see because it was available for €15. Some people said that the announcement does not apply because the law (FZV) has not changed, which is of course complete nonsense.
After the announcement was published, we launched our bumper magnet anti-theft device to keep our magnetic license plate holders legal as we meet the requirements of the announcement. The plates can only be removed with our tool! In other words, legal!
After 01.2024
The last paragraph of this announcement reads:
“ This announcement will expire on 1 January 2024. The Federal Ministry for Digital and Transport will review this announcement before its expiry with regard to its effectiveness and objectives.”²
From January 1, 2024 to March 15, 2024, only the FZV was valid. So only a "permanent attachment" was required.
Since some inspectors and police officers judge what is “secure” at their own discretion and there are very strong deviations depending on which police officer or inspector you catch, we have decided to keep our anti-theft device in the set.
After 03.2024
New announcement from the Federal Motor Transport Authority (KBA) 15.03.2024 Issue 05/24
It is required that a license plate can only be removed with a tool or with increased mechanical effort (e.g. force-fit connection). Fastening with screws is not mandatory.
With the anti-theft device (clamps) we comply with the high mechanical effort and the use of a tool to remove the license plate required by the KBA. This makes us the only magnetic license plate holder on the market that meets the KBA's requirements 100%.
There is currently no law that prohibits magnetic license plate holders or justifies a warning. Courts have confirmed this in complaints against warnings, as "permanently attached" and "increased mechanical effort" are not further defined!
What is our next step?
We are continuing to try to obtain reports for every license plate holder variant in order to finally be able to solve the issue of "permanent attachment" for all customers, regardless of which inspector you get. In general, it should be mentioned that license plate holders do not require ABE or similar tests, as license plate holders are not subject to labeling.
Finally, a very important piece of information:
Every one of our customers who has taken legal action against a warning or inspection has won the case. And why? Because a judge must make a decision according to the law. The judge reads "must be firmly attached" and since this is not further defined, our customers are right and win. Apparently at least someone is still reasonable!
Our magnetic license plate holders are therefore permitted by law and do not contradict any legislation.
We also confirm this in our management certificate !
Download the document and carry it with you at all times.
Source:
1 http://www.verkehrsportal.de/fzv/fzv_10.php
² Verkehrsblatt - Official Journal of the Federal Ministry for Digital and Transport of the Federal Republic of Germany, 77th Year 2023 Issue 3 (45-68), Published in Bonn on 15 February 2023, Verkehrsblatt Verlag, pp. 58-59