Permissible vs. actual towing capacity – What are the risks of overloading?
Anyone who has ever driven with a trailer will be familiar with the legal regulations on towing capacity. But what exactly is towing capacity? What is the maximum? And what are the consequences of exceeding the permissible load? AL-KO Vehicle Technology explains.
What is towing capacity?
Towing capacity describes the load a vehicle pulls behind it using a trailer. This trailer may be a car trailer, a caravan, or a livestock trailer. However, it is not the permissible gross weight of the trailer itself that determines the permissible towing capacity, but rather its actual weight (axle load and noseweight) compared to the maximum permissible towing capacity of the towing vehicle. The latter is determined by the Road Traffic Licensing Regulations or, where applicable, by specific vehicle type approval certificates.
What is the maximum permissible towing capacity?
The maximum permissible towing capacity for a vehicle is specified in the Road Traffic Licensing Regulations (StVZO). According to Section 42, the actual towing capacity must not exceed the permissible gross weight of the towing vehicle. The towing capacity may not be higher than 3.5 tonnes.
The maximum towing capacity for any given vehicle can be found in Part 1 of the registration certificate.
There are two different values for permissible towing capacity: one for braked and one for unbraked trailers. Therefore, permissible towing capacities vary depending on the trailer type. Most small cars may tow an unbraked trailer with a towing capacity between 400 and 750 kg. If a trailer is equipped with an overrun brake, the permissible towing capacity ranges from 1 to 3.5 tonnes. This means that not only the gross weight of the towing vehicle, but also the type of trailer, determines the permissible towing capacity.
What penalties apply if the permissible towing capacity is exceeded?
If the permissible towing capacity is exceeded, this constitutes a violation of the StVZO. Depending on the severity of the infraction, there are penalties of between €30 and €640 and one point on your driving record. If the towing capacity is exceeded by more than 5 percent, an additional point in Flensburg is incurred (see here). The size of the fine primarily depends on…
- … by what percentage the maximum permissible towing capacity was exceeded
- … whether the towing vehicle has a permissible gross weight of 7.5 tonnes or more.
If a motor vehicle with a gross weight of over 7.5 tonnes is involved, it matters whether the vehicle was operated with the excess towing capacity or only commissioned to be used.
Important: Even if care is taken not to exceed the maximum permissible towing capacity, problems may still arise if the combined weight of the whole outfit exceeds the limit of your driving licence. In such cases, the consequences can be even more severe than for exceeding the permissible towing capacity. Always familiarise yourself in advance with the current legal requirements – for example, in the penalty catalogue (https://www.bussgeldkatalog.org/anhaengelast/).
