Many people are still unsure until when a private trip with a truck is considered such. For example, if you want to drive your truck to a wedding, or privately rent the company’s 12-tonner for a move.
For vehicles up to 7.5 tonnes maximum permissible total weight (MPTW), there are no problems whatsoever regarding private trips. However, for vehicles over 7.5 tonnes MPTW, one must take certain things into account.
The Driving and Rest Time Regulation states in Article 3, letter h, that all vehicle combinations up to 7.5 tonnes MPTW used for non-commercial goods transport are exempt from social regulations on the road. This means that for vehicles up to 7.5 tonnes, one can set the digital tachograph to “Out of Scope”.
Examples where the exception applies:
Private moves, weekly household shopping, private purchases of large household items (furniture, washing machine, etc.), transports by charitable associations or organizations carried out within the scope of charitable purposes without intent to make a profit. Source: KomNet
For vehicle combinations over 7.5 tonnes MPTW, one is thus still subject to the Driving and Rest Time Regulation. Theoretically, one could therefore drive to a wedding with an SZM (semi-trailer combination) or a articulated lorry, or help out during a move, provided one does not violate driving and rest times.
If checked on a weekend, there may be further difficulties. Since the legislator has excluded private trips with heavy trucks, one could be required to provide proof of insurance, transport order, invoice, etc., after the fact in case of a move (in the event of a prior inspection). As mentioned before, it is not necessary, but it could happen. Update
Occasionally, one should also update an old article to its current status. This time it took longer, because this essential change passed me by, even though I occasionally use the exceptions in § 30 StVO myself and was also caught by them. For that, I apologize. Regarding private trips with trucks > 7.5 tonnes, there was a change last October.
The Sunday and holiday driving ban, as we know it, now applies only to commercial goods transport. In other words, I can now make a private move with my truck and trailer/trailer combination.
Since October 19, 2017, a new version of § 30 StVO has been in effect. In paragraph 3, sentence 1, it now clearly states:
On Sundays and public holidays, between 0:00 and 22:00 hours, heavy goods vehicles with a permissible maximum mass exceeding 7.5 t as well as trailers behind heavy goods vehicles may not be driven for commercial or paid transport of goods, including empty trips associated therewith.
What is important here is that it concerns the commercial or paid transport of goods. This does not mean that Farmer Karl can attach his trailer to your truck on Sunday morning between the fair and the early evening gathering so that you pull him from A to B and get paid for it. Or that your boss gets paid for it.
But it also does not mean that one can now drive with one’s consolidated cargo from A to B in the afternoon on a Sunday just to be there earlier. These are trips of economic interest, and such (consolidated) transports lack public interest. If it were up to the companies, that would also be overturned. Further Exceptions
Further exceptions to the Sunday and holiday driving ban are provided in paragraph 3, numbers 1–5.
The ban does not apply to
combined rail-road freight transport from the sender to the nearest suitable loading station or from the nearest
suitable unloading station to the recipient, but only up to a distance of 200 km,
combined sea-road freight transport between a loading or unloading point and a port located within a radius of at most 150 kilometers (loading or unloading),the transport of
- fresh milk and fresh dairy products,
- fresh meat and fresh meat products,
- fresh fish, live fish, and fresh fishery products,
- perishable fruit and vegetables,
- the transport of Category 1 material under Article 8 and Category 2 material under Article 9, letter f, point i of Regulation (EC) No 1069/2009 of the European Parliament and of
the Council of October 21, 2009 on hygiene rules for animal by-products not intended for human consumption and repealing Regulation (EC) No 1774/2002 (Regulation on
animal by-products) (OJ L 300 of November 14, 2009, p. 1; L 348 of December 4, 2014, p. 31),- the use of recovery, towing, and breakdown assistance vehicles in the event of an accident or other emergency,
- the transport of live bees
For those interested in why and why there are individual exceptions, here is some information I obtained from the linked page:
In number 3, it concerns material under Category 1 and 2, which means nothing other than animals affected by diseases, or sick or dead animals. The aim of introducing this is that, in an unavoidable case, a rapid removal of such carcasses is possible, or that the collection and transport of animal by-products for the protection of the environment and humanity is also possible on Sundays and public holidays.
Neither the transport of slurry nor regular live animal transport is permitted under this provision. For the aforementioned case, no special permit is required anymore.
Then we have the tow trucks. These also make a significant contribution to eliminating “disturbances” in road traffic, which serves safety. Since not only the clearing of accident sites but also the removal of breakdown vehicles represents immense public interest, tow trucks fall under the exception regulation.
New and used vehicles may likewise not be transported, as there is a lack of public interest here.
Those who are specifically interested can read about the Implementation in the StVO .
Transport of Bees …
Bees are not only important for my beloved mead but also generally for nature and for us humans. And this is not just because of honey.
The transport of bees was therefore permitted to protect them from weather-related conditions (hail, heavy rain) and before the use of pesticides. This is intended to be a contribution to counteracting bee decline in Germany.
Motorhomes over 7.5 Tons
Before I go into this, I would like to quote an excerpt from the BAG’s guidelines on legal regulations:
Motorhomes are not used for goods transport and usually have fewer than eight passenger seats. Therefore, they are not subject to social regulations in road traffic.
Motorhomes with a permissible maximum mass of 7.5 t must use a tachograph (§ 57a StVZO).
This somewhat puzzled me, because if a tachograph is installed, it must also be used. However, if motorhomes do not fall under driving and rest time regulations, why then the tachograph? Therefore, I asked the BAG why this is the case.
I was informed that this regulation no longer applies to vehicles that were first put into traffic after 01.01.2013. This is regulated in §72 Abs. 2 Nr.6e StVZO .
Furthermore, they wrote to me:
With §72 Abs. 2 Nr.6e StVZO , initially only vehicles with a first registration date from 01.01.2013 should be exempted from the tachograph or control device obligation. In the meantime, no tachograph or control device must be installed in motorhomes registered before 01.01.2013; i.e., for these motorhomes, the tachograph (control device) can be removed or rendered non-functional. It generally applies that motorhomes are not used for goods transport and usually have fewer than eight passenger seats. Therefore, they are not subject to social regulations in road traffic.
Thus, a tachograph or control device would only be required in such motorhomes that are not used as motorhomes but as goods or passenger transport vehicles for more than 8 persons,
required. Excerpt from a written inquiry to the Federal Office for Road Transport (BAG / BALM)
As you can read in the email now, there is no longer an obligation for motorhomes over 7.5 tons permissible total weight to have a tachograph installed! Unfortunately, I could not find any reference to this under the mentioned paragraph in the StVZO …
My information is based on an old version of the legal regulations. Hence also the inquiry to the BAG. At the BAG, a more current version of the guidelines is available online as of 09.11.2015. There it is also included that for vehicles registered from 01.01.2013, no tachograph must be installed anymore.
Driver’s Licenses with Regard to Motorhomes
That one needs driver’s license class C for vehicles over 7.5 tons GGV (gross vehicle weight), I actually don’t need to mention extra.
Here the rules of the expiration date also apply. Renew every 5 years. However, for the purely private sector / fire department / rescue services and disaster protection, the recurring trainings every 5 years according to BKRFQG do not apply as I have to do them.
These trainings are reserved only for those who make money with their driver’s license.
Nevertheless, one cannot avoid doctor visits. These must still be done. However, the costs for this are kept within limits. With many doctors, the examination starts from 50 €.
What is Needed for Driver’s License Renewal
As a professional driver, one knows what is needed. As a private individual, this is not always apparent; there is plenty of information on the internet, but here I would also like to list everything needed so that one can / must renew the driver’s license every 5 years:
- Ophthalmologist’s certificate
- The old driver’s license
- General practitioner’s certificate
- Biometric passport photo
- Current ID card or passport
Important: The certificate must not be older than 1 year!
Demonstrations
Currently (Dec. 2023), demonstrations against the current toll increase are taking place at various locations. Here too, the trips fall under the recording obligation. That means participation in these demonstrations must take place under the same conditions as if I were driving the SZM to the bakery on a Sunday morning. The driver card must be inserted, and driving and rest times must be observed! Regardless of what you tell each other on Facebook.
Conclusion
Section § 30 Para. 3 StVO now stipulates that one may drive an empty vehicle with a gross mass of at least 7.5 tonnes on Sundays to the bakery, to the gravel pit, or elsewhere. Of course, not in this exact wording, because it states what is prohibited. However, it must not be forgotten here that this is only permitted if I have sufficient driving time available for Sunday. Because the driver’s card must still be inserted in the tachograph. If I have exhausted my entire driving time for the current week on Friday or Saturday, I may not drive on Sunday either. Not even after 22:00. Because the new week begins only on Monday at 00:00!
The fact is that the driver’s card / tachograph disc must be inserted and the tachograph must not show “Out of Scope”. Driving WITHOUT a driver’s card is not permitted. The regulations for this are described in another article.
Regarding motorhomes. If it were indeed true that no tachograph would be necessary anymore even for vehicles registered before 01.01.2013, both the legal text and the guide to the regulations should be updated. That’s just an idea.
However, I must add that some EU member states still insist on a built-in tachograph for vehicles with a gross mass of at least 7.5 tonnes.
