Questions and answers
Themes
Here you will find questions of general interest on the themes
- approval-conform production; fulfilment of the basic rules and the Type Approval itself
- quality management that ensures the planning and effective implementation of preventive, control and corrective measures
- sufficient product testing and data recording (if given by the rules, this is considered)
- traceability and recall of non-conform products from the market
- influence on possibly used external manufacturers
- timely information to the KBA on all (planned) changes with regard to the data, that is given as basis of the Type Approval and that are informed upon in the application procedure
- be issued by a KBA designated technical service (certification body) and point to the designation (logo and/or registration number)
- certify compliance with approval-relevant requirements and
- the certificate and the written confirmation must relate to the production of the product that is to be approved.
Questions and answers - Type-approvals
Here you can find questions often asked about Type-approvals
A Type Approval holder himself or herself can manufacture in legally dependent and/or legally independent production plants. In the case of legally dependent production plants, the KBA must only be informed.
In the case of legally independent production plants, an original contract or one-sided declaration on the basis of the manufacturer’s capacity must be provided to the KBA (forms in the
)The approval-related requirements are given in the document “CoP information”. Essentially the following requirements are to be fulfilled:
Download
The certificate must
Further information is given in
(MAB)No. The documents only need to be again submitted when the actual contract or declaration do not list the new object to be approved.
Tip: To avoid the renewed issuing of a contract or declaration, only give the type of equipment or vehicle class instead of a concrete type.
The contract or the declaration for the establishment of the manufacturer’s capacity must be filled in and signed and this original version must be submitted to the KBA.
A Type Approval does not only provide rights but also duties. The legal identity is checked so that it is clear who is responsible for the compliance of duties. The QM process is evaluated so that an estimation can be made on whether the production is Type Approval-conform and if appropriate reaction can be given in case of deviations.
- The accreditation body is located in the European Union
- The accreditation is issued according to Regulation (EC) 765/2008
- At least one of the standards relevant for the designation is accredited.
- Fulfilment of the approval relevant requirements
- Standards and test procedures which are not included in the accreditation.
- The relevant document explicitly identifies the scope for which the approval-relevant requirements are met.
- A Report on CoP has been submitted.
Questions & answers - Designation of technical services
Here you can find questions often asked about Designation of technical services
An accreditation is not sufficient for designation as technical service by the KBA.
An accreditation can be taken into consideration by the KBA in a designation procedure when
On basis of such an accreditation, the KBA checks the
If requested, after appropriate checking of the delta, the designation can cover other amendments of relevant regulatory acts.
The designation of other EU member state may be taken into consideration in the designation procedure analogous to an accreditation.
A laboratory of a manufacturer can only be designated as technical service if the relevant regulatory act explicitly allows this. Otherwise, the manufacturer’s laboratory should consider the option that a designated by the KBA technical service supervises the tests in the manufacturer’s laboratory and creates the test report.
Laboratories and certification bodies must have its commercial registration in the European Union. Subsidiaries in other countries can be included in the designation if certain preconditions are fulfilled.
Detailed information can be found in this section. Designation rules and application forms can be found on the page of Designation of Technical services. You are also welcome to contact the staff of the responsible department ( benennungsstelle@kba.de , telephone: +49 461 316 260).
The KBA support technical services A/B/D or technical services C by means of briefings prior to the application. If these discussions take place at the KBA premises, no fees will be charged. It is also possible to arrange a pre-assessment.
Training is provided to transfer basic knowledge of the designation process and the qualification of authorized signatories for test reports and auditors. Interested parties please inform about their needs to benennungsstelle@kba.de .
By a designation, the approval authority confirms that the technical service complies with the standard to be applied in accordance with the relevant regulations (EN ISO/IEC 17020/17021-1/17025) and with the specific requirements of the KBA Type Approval procedure, and is competent to carry out the tests specified in the scope of the designation.
The KBA designation procedure is based on the provisions of the EC Vehicle Approval Ordinance and the corresponding provisions of the UN-ECE. The procedure is also applied to the national legal framework. The term ‘designation’ is synonymous with the term ‘recognition’ as used in the EC Vehicle Approval Ordinance.
In its Type Approval procedure, the KBA only takes into account test reports from bodies designated by the KBA as a technical service. Orders to verify that a product is manufactured in conformity with the approval granted will also be awarded only to such laboratories.
If a quality management system certification body wishes to operate in the Type Approval process, it must also be designated by the KBA as a technical service.
The following conditions must be met in order for the certification body’s assessment of the QM system to be accepted in the KBA Type Approval process:
Questions and answers - Issuing of type-approvals
With a type-approval the authority confirms that the approved product produced in series conforms to legal standards. Type-approvals stand for safe and environmentally friendly technology on the roads.
Type-approvals are frequently prescribed by the legislator. In such cases, they make access to the market in Germany, the European Economic Area (EEA) and further states possible for the manufacturer.
Type-approvals can also be voluntarily strived for, they then make access to the market easier and improve marketing ability.
Type-approvals can be issued to natural persons and legal entities.
The resultant requirements are given in the Information sheet on initial assessment.
Download
A distinction is made between three types of type-approvals. These are type-approvals for vehicles, systems and components (separate technical units).
These type-approvals are granted according to different Regulations.
A type-approval always relates to the approval of a large number of products of the same type. Based on a type-approval the type approval holder can produce any number of identical products.
In contrast to this, individual approvals always relate to one concrete vehicle or component part.
Vehicle type-approvals can be issued according to national regulations (§ 20 Road Traffic Licensing Code (StVZO) or EU regulations (Directives 167/2013, 168/2013 and 2018/858 as well as previous directives).
Type-approvals for systems can be issued according to regulations for the European Economic Area (EEA) (EC directives and EC/EU regulations) as well as according to the regulations of the UN-ECE (ECE regulations).
Type-approvals for components can be issued according to national regulations (§§ 22 or 22a Road Traffic Licensing Code (StVZO), according to regulations for the European Economic Area (EEA) (EC directives and EC/EU regulations) as well as according to the regulations of the UN-ECE (ECE regulations).
A difference must be made between three types of regulations, the national regulations (Road Traffic Licensing Code (StVZO), Vehicle Parts Ordinance (FzTV)), the regulations for the EU and the regulations of the UN-ECE (ECE regulations).
It is basic that the applicant decides on according to which rule he or she applies for.
National regulations are no longer to be used for technical facts that have been completely harmonized as European regulations.
Translations in German are available on the website of the European Commission (https://ec.europa.eu/docsroom/documents/48518).
The KBA is working on commented versions of the Straßenverkehrs-Zulassungs-Ordnung (StVZO - German law for authorization of vehicles for road traffic) and FEE Fahrzeugtechnik EWG/ECE edition published by the German “Kirschbaum Verlag” (only German). The KBA does not know of any other commented versions.
National type approvals to §§ 22 (Allgemeine Betriebserlaubnis (ABE) or 22a Road Traffic Licensing Code (StVZO) are recognized in Germany. Whether they are recognised in another State must be verified by the approval holder in the respective State.
Type approvals according to international regulations are recognized in the European Economic Area (EEA) and in the user states of the respective ECE regulations.
Type designation is a technical term of the type-approval regulations. Type defines a certain technical specification of a product to be approved well. How different the technical specification of a product within a type can be is regulated by the chosen rule. The limits of a type are regulated by the so-called type defining criteria.
There can be several versions within a type.
The applicant can determine the designations of the type and the versions.
Type designations used for sales purposes are frequently not sufficient for the requirements of the type from the rules and regulations of the type-approval procedure. It is therefore seldom appropriate to use sales designations as type designation.
A system means an assembly of devices combined to perform one or more specific functions in a vehicle and which is subject to the requirements of an international regulation.
Examples of systems are the braking or steering system of a vehicle or the mounting of wheels and tyres.
On the page "Designated bodies" you will find lists of all technical services notified by the KBA, prepared according to various aspects, with details of the scope of the notification. After the notification, the designated technical services will also be published on the EU and UNECE websites.
The technical service must be designated by the KBA according to the relevant test procedure (the relative scope).
For information on which technical service can carry out the testing for national type-approval (Allgemeine Betriebserlaubnis (ABE), Allgemeine Bauartgenehmigung (ABG)) in individual cases, the Designation body of the KBA must be contacted.
How a approval mark must look is determined by the selected rule. When there are uncertainties as to the appearance, the intended approval mark should be submitted together with the application documents.
A quick grant of approval requires complete and error-free documents.
If these conditions are met, the KBA aims for an average approval period of 14 calendar days.
The fee is calculated according to the scale to Gebührenordnung für Maßnahmen im Straßenverkehr (GebOSt - scale of fees for road traffic measures).
The detailed cost for the type approval can be found in the
.In case of national type approvals for vehicle parts according §§ 22 (Allgemeine Betriebserlaubnis (ABE)) or 22a Road Traffic Licensing Code (StVZO) (Allgemeine Bauartgenehmigung (ABG)), the approval holder shall attach a copy of the type approval to the end-user.
The approval holder must provide information on the installation conditions and the restrictions of use in case of national and international type approvals for vehicle parts.
The storage periods are regulated in the document
.These storage times are only valid for the relationship between the type approval holder and the KBA. They do not replace any legal requirements from other regulations nor stipulations of contracts (e.g. suppliers-OEM).
Test samples are only to be kept when they are for type-approval obligatory parts (refer to § 22a Road Traffic Licensing Code (StVZO).
When nothing else is determined in the type-approval, the storage time is 5 years from the extinction of the type-approval.
When the KBA has knowledge of whether production is temporarily or permanently closed down, all participants save expenditure and costs (e.g. the taking of products for conformity testing).
The KBA must be informed immediately when the production is permanently closed down.
The number of the type-approval can pre-approved.
It requires a completed initial assessment.
An application for type-approval must be submitted in addition to the application for the pre-approval of the the number.
A transfer to another company is possible under some conditions. It is essential to integrate the KBA early in such a case otherwise the type-approval will become invalid.
The type-approval becomes invalid.
The validity of a type-approval is bound to the existence of the legal entity (type-approval holder). It is fundamental, that type-approvals cannot be transferred. It is essential to inform the KBA early in such a case, so that it can be examined if there is a legal successor. The type-approval can only remain valid when the legal entity is maintained.
The KBA must be timely informed on such changes. The company must prove that the type-approval holder up to now has only be renamed or converted. The presentation of an actual official registration document (commercial register excerpt, for example) can confirm that the legal entity further exists.
The KBA must be timely informed on the threatened insolvency.
The KBA must be informed at the latest on the opening of the insolvency procedure. During the insolvency proceedings, the KBA further provides new type-approvals and extensions. The application for these must be made via the legally appointed insolvency administrator. The type-approval will be first sent to the type-approval holder after the receipt of the approval charges.
The existence of a type-approval is bound to the existence of a legal entity (type-approval holder). If the legal entity (type-approval holder) is no longer existent after the closing of the insolvency proceedings, the type-approval becomes invalid.
The type-approval holder must inform the KBA when there has been a change in the legal entity, the name and/or the place of residence of the production plant, whether legally dependent or legally independent production plants.
KBA is the only type-approval authority in Germany. There are further type-approval authorities in states of the European Economic Area (EEA) and the user states of the ECE regulations.
- According to risk-based planning
- On an ad hoc basis, if the KBA becomes aware of circumstances relating to the conformity of the approval object or the fulfillment of other obligations as the approval holder that make an on-site inspection necessary
- If there is no proof of proper certification (proper certification means that the certificate has been issued by a certification body designated by the KBA and includes the continuous review of approval-relevant requirements)
Questions and answers - Conformity checks
Here you can find questions often asked about Conformity checks
If an approval holder is regularly inspected in accordance with a recognized QM standard (e.g. DIN EN ISO 9001, IATF 16941 or comparable), the KBA can dispense with its own CoP-Q inspections if the inspection of the QM system is carried out by a certification body designated by the KBA as a technical service and includes continuous monitoring of compliance with the approval-relevant requirements.
If an inspection appears necessary on an ad hoc basis, an additional inspection by the KBA is possible at any time.
CoP-Q inspections are planned on a risk basis following criteria defined by the KBA, are performed on a random basis and are not subject to a fixed interval.
CoP-Q inspections are carried out:
As part of a CoP-Q inspection, the implemented QM system, in particular the precautionary measures and introduced procedures, are checked to see whether they are effective and still suitable for ensuring the conformity of the manufactured products with the approved type. Furthermore, the fulfillment of the other obligations of the approval holder towards the KBA is checked.
Questions and answers - General questions
Here you can find questions often asked about General questions
Here you will find questions of general interest on the themes
- Motor vehicles and motor vehicle trailers as well as systems, components and separate technical units for these vehicles;
- two- or three-wheeled vehicles and quadricycles*;
- agricultural and forestry vehicles;
- internal combustion engines for non-road mobile machinery in use with rail vehicles
Questions and answers - general area
Whenever goods are subject to supply and demand, on the basis of which pricing is then possible, one speaks of the market. When talking about products "on the market" in rela-tion to the vehicle industry, this usually includes vehicles, their trailers and vehicle parts that move on public roads in Germany.
KBA surveys:
*) Pedal electric vehicles with pedal assistance up to 25 km/h (so-called “pedelecs” or “pedelec25”) are not within the scope of the respective regulations.
The Kraftfahrt-Bundesamt (KBA) carries out checks on the basis of its own market observation and the current market situation. In addition, KBA follows up on infor-mation from third parties such as manufacturers, citizens or other authorities. In particular, it acts on the basis of current events such as accidents, complaints, defect reports and other similar incidents. Information is also taken from public reports (e.g. newspapers, news).
Within the scope of market surveillance, KBA tests products on the market for compliance with legal regulations. The products are tested either by KBA itself as part of the product tests or by technical services commissioned by KBA. If the products do not meet the requirements, measures are taken.
In the event of safety-relevant defects or deviations from regulations, KBA initiates measures such as recalls and public warnings and monitors their implementation. The licensing authorities of the federal states can issue an operating ban as part of a recall campaign. KBA can also order sanctions in the event of violations by economic operators.
- A risk is the combination of the probability of occurrence of a hazard and the severity of the possible damage.
- Serious is any risk that requires rapid intervention by the market surveillance authorities, even if the risk has no immediate effect.
- safety and health requirements of applicable legal regulations are not complied with or the safety and health of persons are endangered during intended use or foreseeable misuse and
- the hazard is sudden and unforeseeable, and
- the hazard is unavoidable for persons.
Questions and answers - Market Surveillance recalls
The term "serious risk" is defined by § 2 No. 22 and 10 Product Safety Act (ProdSG) as well as § 2 subparagraph 1 Market Surveillance Act (MüG) in conjunction with Article 3 of Regulation (EU) 2019/1020.
The decision as to whether a product constitutes a serious risk shall be based on an appropriate risk assessment, taking into account the nature of the hazard and the likelihood of its occurrence.
Not every possible risk is a serious risk. The following criteria can guide you in determining whether a serious risk is likely:
KBA offers a quick and simple solution for reporting possibly safety-relevant defects or suspected deviations from regulations with the digital defect reporter.
Please use the Defect Reporter.
Yes, manufacturers, distributors and importers are obliged to notify the market surveil-lance authorities and the type-approval authorities in case of serious risks and only the type-approval authority in case of non-compliance. This obligation arises, for example, for passenger cars and their parts for the manufacturer from Article 14 (1) sub-paragraph 2 and (2) of Regulation (EU) 2018/858.
If KBA's examination reveals that a product presents a serious risk or that the product does not comply with its respective requirements, the so called harmonisation legislation, it shall request the economic operator to take corrective action. If the economic operator does not take such measures, KBA orders restrictive measures to eliminate the defect. This can take the form of recalls, market restrictions or public warnings.
Yes, KBA orders recalls if the responsible economic operator does not ensure through its own measures that a serious risk is eliminated sufficiently quickly and effectively.
Accessory or vehicle part manufacturers may not receive addresses. They should first contact the vehicle manufacturer concerned so that the latter can carry out the recall. In special individual cases, the Kraftfahrt-Bundesamt (KBA) can determine addresses and write to the vehicle owners itself.
In the case of particularly dangerous defects, all affected vehicles must participate in a remedial measure. Therefore, at the end of such recall campaigns, the Kraftfahrt-Bundesamt (KBA) reports the vehicles that have not been overhauled to the registration authorities.
You can avoid an operating ban, if you have your vehicle repaired at a manufacturer's workshop before the operating ban is imposed and you prove this to the registration au-thority. Your registration authority will provide you with further details.
Manufacturers do not use the owner addresses of the Kraftfahrt-Bundesamt (KBA) for every recall. Therefore, please contact the vehicle manufacturer or the importer for Germany. They will inform you of the intended course of action.
Absolutely, recalls are only carried out if there is a significant defect in connection with a serious risk or in connection with a deviation from regulations. As the vehicle owner, you are responsible for the roadworthy and compliant condition of your vehicle. For your own safety and that of other road users, participation in a recall is mandatory. Failure to participate will result in the initiation of an operating ban.
Voluntary service measures by the manufacturers are not affected by this obligation.
Please address your questions to the vehicle manufacturer or the importer for Germany. The Kraftfahrt-Bundesamt (KBA) also provides you with the recall database for assessing whether a vehicle type is affected.
Please inform the vehicle manufacturer or importer of the address of the new vehicle owner to whom you sold the vehicle. You should also inform them if you have scrapped the vehicle.
For reasons of data protection, only vehicle manufacturers and holders of vehicle type-approvals (General Type-Approval, EU Type-Approval) can be provided with the addresses if there is a significant deficiency for road safety or the environment.
Further information on the provision of owner addresses can be found in the "Codex for the Execution of Recall Campaigns".
Before using your vehicle again, please be sure to clarify this issue with the manufacturer or a workshop authorised by the manufacturer for the recall.
Both the deviation from legal requirements and the existence of serious risks represent deficiencies that must be remedied by the economic operators within the framework of corrective measures. In both cases, KBA requires the economic operator to take binding measures and can also order the respective measures, if the economic operator fails to act or cooperates insufficiently.
However, serious risks associated with products have the special condition that, depending on the existing risk and the need for action on the part of the economic operators involved, a correspondingly rapid elimination of the defect is demanded. In exceptional cases, KBA can order immediate implementation of the corrective measure in order to protect consumers from damage.
- the vehicle type is changed by the change,
- there is the threat of a hazard for other road users as a result of the change or
- a worsening of the emission and/or noise characteristics occurs due to the change
Questions and answers - Market Surveillance sanctions
Yes!
For the cause of road safety, certain vehicle parts are only permitted to be brought onto the German market in an approved design.
According to § 22a Straßenverkehrs-Zulassungs-Ordnung (StVZO), the vehicle parts (e.g. headlights, illuminants, bicycle lights) named there in Paragraph 1 are only to be offered for sale in Germany in a type-approved design and provided with appropriate approval marks.
.According to § 24 (1), (2) Straßenverkehrsgesetz (StVG) one is acting illegally, if one deliberately or negligently offers for sale vehicle parts, which must be executed in an officially approved design, although they are not marked with an officially stipulated and issued approval mark
This offence is prosecuted by the KBA..
This offence can be punished with a fine of up to
€ 5,000.00 in the case of intent
€ 2,500.00 in the case of negligence
per act.
The fine should also absorb the financial benefit of the culprit. If the framework of fines is not sufficient for this it can be exceeded in the framework of absorbing profits.
There is no schedule of penalties.
Yes, solely the objective possible use in public road traffic and not the subjective determination of use of the vendor is decisive for the banning of offering for sale in accordance with § 22a (2) Straßenverkehrs-Zulassungs-Ordnung (StVZO) of vehicle parts in the scope of application of the StVZO. Accordingly, even advice such as: “... not approved for road traffic and does not fulfil the StVZO!” or similar formulations is never sufficient for the offering of vehicle parts without approval marks (cf. OLG Hamm, verdict of 13 June 2013 – 4 U 26/13 –, juris)
Yes, according to Article 27 Para. 2 Regulation for the EC Vehicle Approval Regulation (EG-FGV), the vehicle parts for use in road traffic subject to type approval and marking according to the European legal regulations named there may only be offered for sale if they bear a type-approval mark.
An infringement represents an offence according to Article 37 Para. 2 EG-FGV in con-junction with Article 27 Para. 2 EG-FGV and is prosecuted by the KBA. The framework of fines corresponds with § 24 (1) Straßenverkehrsgesetz (StVG) (see above).
No, normally it is the vendor’s requirement to inform themselves about the legal stipulations before starting to trade, so there will normally be an avoidable and therefore insignificant mistake regarding prohibition.
Only in the case of unavoidability of the error is the act not reproachable and not punished with a fine.
Type approved vehicle parts can be recognised by the type approval mark on the product.
Approval marks (examples) (only in German)
The CE marking is not a substitute for the above-named marking
The carrying out of changes to a vehicle by installing vehicle parts, which are subject to approval, but have not been approved, can lead to the termination of the operating license of the vehicle, if
- Health and safety regulations of applicable statuary instruments are not maintained, or the health and safety of people are endangered in proper use or predicted faulty use and
- the danger occurs suddenly and without prior notice and unpredictably and
- the danger cannot be averted by people
- Copies of the vehicle registration document and the proof of inspections
- A brief description of the fault and the resulting danger
- Copies of opinions of independent experts and written correspondence with the producer (if appropriate)
Questions and answers - Market Surveillance product safety
Not every danger is a serious danger. You can use the following criteria to orient yourself on whether a serious danger is probable or not:
The KBA requires the following information for effective handling:
The KBA comes into action when it is informed on a production-related vehicle fault or vehicle parts fault that could represent a serious danger to people. The information can come from various sources (media, private individuals, manufacturers, officials, for example).
The KBA can order recalls. This comes into question, however, when there is a serious danger (see the question “What is a serious danger”) and this cannot be effectively eliminated by means of the methods available to the producer.
A danger is serious, for example, when a properly maintained vehicle can no longer be steered. The complete failure of the steering system during driving without advance notice resulting from the breaking of a steering spindle, steering link or a wheel is an example of a serious danger. There is no serious danger, however, when the power assisted steering fails, as the vehicle can still be steered within legal limits.
Cases can mostly not be generalized. Individual cases are often observed.
- KBA checks vehicles in practical driving operation with, among other things, portable exhaust measurement systems (PEMS)
- Emission strategies that explain the strategy for reducing emissions are to be submitted to KBA by the manufacturer separately for each vehicle approval
- Since the introduction of the test procedure WLTP in September 2017, real operation measurements have also become subject of the approval process.
- Vehicle not re-registered at the vehicle registration authority in the event of moving
- Manufacturer’s letter mistaken for “advertising” and thrown away unread
- Previous owner did not take part in the campaign and sold the vehicle to you
- Distributor did not carry out the measures and sold the vehicle to you
Questions and answers - Market Surveillance emission subject
Article 3(10) of the Regulation (EC) No. 715/2007 defines a Defeat device as “any element of design which senses temperature, vehicle speed, engine speed (RPM), transmission gear, manifold vacuum or any other parameter for the purpose of activating, modulating, delaying or deactivating the operation of any part of the emission control system, that reduces the effectiveness of the emission control system under conditions which may reasonably be expected to be encountered in normal vehicle operation and use.”
The use of defeat devices that reduce the effectiveness of emission control systems is prohibited in accordance with Article 5 (2) of the Regulation (EC) No. 715/2007.
The prohibition shall not apply where:
“a) the need for the device is justified in terms of protecting the engine against damage or accident and for safe operation of the vehicle;
b) the device does not function beyond the requirements of engine starting;
or
c) the conditions are substantially included in the test procedures for verifying evaporative emissions and average tailpipe emissions.”
“Thermal window” is not a firmly defined term, but is frequently used to describe the emission behaviour of vehicles in operation dependent on the external temperature. A thermal window can represent a prohibited defeat device.
Voluntary measures of the manufacturers serve to improve air quality and provide an effective contribution to a rapid and sustainable reduction of the NOx emissions, thus con-tributing to the health and consumer protection of citizens. Voluntary measures are only carried out in vehicles in which no prohibited defeat device was detected in its official inspection. In the framework of voluntary measures there is no threat of an operating ban.
Recall actions are for the remedying of substantial defects for traffic safety or the environment in vehicles in road traffic. In addition to dangerous safety defects or critical design deviations, the Kraftfahrt-Bundesamt (KBA) also regards the detection of prohibited defeat devices as grounds for imposing recalls by the manufacturers. If the vehicle owner does not participate in the recall, the vehicle is not in compliance with regulations and KBA arranges the provision of vehicle owner data to the local vehicle registration authority for the possible initiation of an operating ban. So far, Euro 4, Euro 5 and Euro 6 vehicles have been affected by these recalls.
You can find a description of it here (only in German):
To ascertain whether a vehicle is affected by a measure relating to the diesel emission subject, the approval of the whole vehicle, the vehicle type, the vehicle variant and the vehicle version must first be taken as a basis. Furthermore, sometimes only occasional emission approvals and very limited production periods are affected by a possible meas-ure, which further limits the group of car owners who are actually affected and found via the Central Vehicle Register (ZFZR). It cannot be said in general terms that every engine in a series is affected by the subject. We apologise for the fact that enquiries regarding this cannot be processed for individual vehicles. In the case of affected vehicles, the car owners listed in the ZFZR are informed several times about the necessary alteration measure for the vehicle.
If the Kraftfahrt-Bundesamt (KBA) has detected prohibited features in the emission system of a vehicle, it calls upon the manufacturer to suggest measures that rectify the defect. If the manufacturer intends to use a software update, they must present this to KBA for inspection. KBA then carries out the software check, and practical road tests are carried out by KBA or a technical service designated by KBA. If all the conditions are fulfilled, KBA approves the software update.
The software updates have been checked both on the roller dynamometer in the new European driving cycle (NEDC) and on the road using portable emission measurement system (PEMS). Although the real emissions observed in the PEMS measurements are not legally regulated in these vehicles, it has however been ascertained that the emission control system is now working correctly.
You will find this information here:
According to the law, the manufacturer has the sole right of proposal for measures, to rectify defects that have occurred. If the measure is suitable for bringing the vehicles into conformity with the regulations, the authority must agree. There exists no legal basis for an obligation going beyond this, such as for example the installation of hardware solutions.
The implementation of a hardware solution for air-quality improvement has, in the mean-time, been checked by the Federal Ministry for Digital and Transport (BMDV). The scientific study can be seen here:
It is not possible to receive a time limit extension from the Kraftfahrt-Bundesamt (KBA). After the elapsing of the time limit named in your letter, KBA receives the Vehicle identification numbers (FIN) of the vehicles that have not yet participated in the recall measure. This occurs in an automated procedure. KBA passes these on to the vehicle registration authorities for possible initiation of an operating ban. Voluntarily performed measures (e.g. in the framework of the National Diesel Forum) are hereby unaffected.
This question is to be cleared up with the manufacturer. The measures are normally carried out throughout Europe.
Please obtain written confirmation, preferably in English, of the notification of the manufacturer in the case of a refitting carried out abroad. Inform the distributor, with emphasis, that the data must be entered into the electronic system.
No, the carrying out does not have to be confirmed to the Kraftfahrt-Bundesamt (KBA) either in writing or by telephone. If necessary, KBA receives a confirmation directly from the responsible manufacturer.
Please arrange an appointment with your local authorised distributor. There will usually be an authorised repair shop located there. Make an appointment there and get an update installed on the vehicle. The update must be installed for your vehicle, in order to be in accordance with regulations. You do not have to arrange anything after the update. Please get the carrying out of the update confirmed in writing and then check the corresponding service book entry. You should keep the confirmation safe.
If a voluntary measure or a compulsory recall is available for your vehicle, there are for administrative reasons the following possibilities, which may lead to individual car owners not being written to and/or supposing that this has not happened:
The durability requirements for emissions-reducing equipment are directly part of the conditions for establishing compliance with regulations. The durability requirements for the emissions-reducing equipment are also considered in the framework of the releases of the recall actions for the individual vehicle types.
Emission values quantify the air pollutants emitted into the environment by a technical system.
The KBA is not responsible for driving bans (Article 40(1) Sentence 1 - Gesetz zum Schutz vor schädlichen Umwelteinwirkungen durch Luftverunreinigungen, Geräusche, Erschütterungen und ähnliche Vorgänge BImSchG - only in German ). Please contact your local road transport authority for further information.
No, the vehicle can only be clearly identified with the unchangeable Vehicle Identification Number (VIN). It is possible to make a written application for information in the Central Vehicle Register (ZFZR):
Please contact the responsible manufacturer.
The KBA transmits the data for the initiation of decommissioning to the local licensing authorities in whose area of responsibility the decommissioning of vehicles falls. The KBA is not authorised to issue instructions to the licensing authorities.
KBA passes on the vehicle identification numbers (VIN) of affected vehicles in accordance with Article 6(1) e) in conjunction with (3) b) General Data Protection Regulation (GDPR), with Section 3 Federal Data Protection Act (BDSG) and with Articles 5, 46(1) and (2) Verordnung über die Zulassung von Fahrzeugen zum Straßenverkehr FZV (only in German) to the responsible local vehicle registration authorities for the fulfilment of their legally assigned tasks.
A recall action is binding. A time limit extension cannot be granted. No time limit is set in the context of a voluntary measure because participation is at one’s own discretion.