There are various ways in which KBA becomes aware of risks and deviations from regulations. On the one hand, this takes place through product testing by KBA in its own testing facilities, on the other hand through reports from manufacturers, but also on the basis of information from the public and other authorities, insurance companies and the media. Manufacturers of vehicles and vehicle parts are obliged to inform KBA as soon as they become aware of any defects in their products.
If, as part of the assessment, KBA determines that the notified product causes a serious risk or does not comply with the applicable regulations, KBA requests the relevant economic operator to take proportionate corrective action. At the same time, notifications are made via Safety Gate (formerly RAPEX) and the Information and Communication System for Market Surveillance (ICSMS) to inform the public and other competent authorities of the EU Member States.
Source:KBA
KBA initiates such investigations, if KBA identifies the defect in question as critical with regard to the existing environmental and safety risk. Most investigations are initiated on the basis of defect reports from vehicle manufacturers or its own investigation results. If a product actually has defects, KBA orders the manufacturer to recall the affected product series.
Source:KBA
Product deficiencies can lead to various hazards and non-compliances with legal requirements. Recall measures therefore vary in the way they are carried out. If there is a serious risk or a deviation from regulations, a recall is usually the most effective measure to protect vehicle owners and the public. To ensure that serious risks or deviations from regulations can be completely eliminated, vehicle manufacturers must use the owner addresses from KBA’s Central Vehicle Register (ZFZR) for such recalls.
Source:KBA
Apart from the manufacturers, the owners are also responsible:
If their vehicle is subject to a recall, vehicle owners must have the defect repaired at a specialist workshop. KBA monitors the recall process. If it determines that vehicle owners did not participate in the recall despite being requested to do so, they will be asked again to have the defect repaired in follow-up campaigns.
Source:KBA
If vehicle owners do not comply with the recall, even after repeated requests, KBA informs the locally responsible registration authority, which can issue an operating ban and withdraw the vehicles registration. The above chart shows the number of vehicle withdrawals from service initiated as a result of non-cooperation in recall campaigns.
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.
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.
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:
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.
KBA offers a quick and simple solution for reporting possibly safety-relevant defects or suspected deviations from regulations with the digital 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.
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.
