This case concerns software-updates to activate additional safety-/type approval related functions not yet covered by a valid system Type Approval at the time of the first vehicle registration. Such software-updates are initiated by the vehicle owner.
The change made by the software-update is covered by an extension of the vehicle Type Approval after the time of the first vehicle registration. The manufacturer obtains this extension from the Type Approval authority before the software-update is carried out.
If the manufacturer’s legal check against the requirements of § 19 StVZO (only in german) shows that there is no need to involve the type-approval authority beyond the extension of the vehicle Type Approval already carried out, the Type Approval authority need not be involved. The manufacturer always has the possibility to apply to the Type Approval authority for proof in accordance with § 19 Abs. 3 Nr.1 b) StVZO (only in german).