Permissible vs. Actual Towing Capacity – What Are the Penalties for Exceeding the Limit?
Anyone who has ever towed a trailer will have had to familiarise themselves with the legal regulations on towing capacity. But what does towing capacity actually mean? What is the maximum permitted? And what are the penalties for exceeding the specified limit? AL-KO Vehicle Technology explains.
What is towing capacity?
Towing capacity refers to the weight that a vehicle can tow using a trailer. The trailer may be a conventional car trailer, a caravan, or a livestock trailer, for example. What matters for determining permissible towing capacity is not the gross permissible weight of the trailer, but its actual mass (axle and nose weight) in comparison to the towing vehicle’s permissible towing capacity. This value is derived from the German Road Traffic Licensing Regulations or, where available, a vehicle-specific (individual) certificate.
What is the maximum towing capacity?
The maximum towing capacity permitted for a vehicle is regulated by the German Road Traffic Licensing Regulations (StVZO). According to § 42, the actual towing capacity must not exceed the permissible gross weight of the towing vehicle. The maximum towing capacity is 3.5 t.
You can find out the maximum towing capacity a vehicle can tow from Section 1 of the registration certificate.
The specification of the permissible towing capacity distinguishes between braked and unbraked trailers, which means that there are different permissible values. For unbraked trailers, the majority of small cars may tow between 400 and 750 kg. If a trailer is equipped with an overrun brake, the permissible towing capacity is between 1 and 3.5 t. Therefore, not only does the towing vehicle’s gross weight determine the permissible towing capacity, but the type of trailer also plays a role.
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, this may result in a fine of between €30 and €640, as well as a penalty point on your driving record. If the excess is more than 5 per cent, you also have to expect a point in Flensburg. The amount of the fine depends mainly on …
- … the percentage by which the maximum permissible towing capacity is exceeded
- … whether the towing vehicle has a permissible gross weight of 7.5 t or more.
If the vehicle in question has a permissible gross weight of more than 7.5 t, a distinction is made between whether a vehicle with excessive towing capacity was operated actively or whether its operation was merely ordered.
Important: Even if care is taken not to exceed the maximum permissible towing capacity, there may be problems elsewhere — namely, if the total rig is too heavy for the type of driving licence held. In such cases, you may face even more severe consequences than for exceeding the permissible towing capacity. It is therefore vital to find out about the applicable legal regulations in advance, for example using the fine catalogue (https://www.bussgeldkatalog.org/anhaengelast/).
