The subject of owner’s liability in the vehicle fleet can quickly become an explosive matter for fleet managers, managing directors or board members. Because anyone who only fulfills their duties irregularly or not at all must expect severe penalties. In order to protect yourself from legal consequences, you should therefore be fully aware of the most important laws, obligations and requirements relating to owner’s liability in the vehicle fleet.
Especially in the context of road traffic, owner responsibility plays a central role. This is because as soon as vehicles are brought onto public roads, comprehensive regulations must be complied with in order to avoid strict liability towards third parties. For fleet managers, this means maintaining a clear overview of the power of disposal and the proper condition of the fleet at all times – regardless of which vehicle driver is ultimately behind the wheel. In our article, we explain what owner liability means and what obligations are associated with it.
Contents
What does owner liability mean in the vehicle fleet?
Owner liability in the vehicle fleet means that the vehicle owner can be held liable for any damage caused, regardless of who was driving the vehicle at the time of the damage. This is regulated by §7 of the Road Traffic Act ( StVG ).
The legal basis is based on the principle of strict liability, whereby it is not the driver but the owner who is liable for the potential danger posed by the operation of a vehicle on the road. In this context, it is irrelevant whether the driver was an employee or an external service provider, for example – in case of doubt, the person who is responsible for the vehicle is always liable.
§7 of the StVG (Road Traffic Act)
“(1) If a person is killed, the body or health of a person is injured or property is damaged during the operation of a motor vehicle, the owner shall be obliged to compensate the injured party for the resulting damage.”
It does not matter whether there are three company cars or 500 pool vehicles – compliance with the keeper obligations is of great importance for the vehicle owner in order to avoid conflicts with the law.
Who is the vehicle owner?
In the vehicle fleet, the vehicle owner is the person who has the economic use of the vehicle and bears its costs. He is responsible for the proper registration, insurance and compliance with legal regulations in connection with the ownership and operation of the vehicle. A judgment of the Cologne Higher Regional Court of 08. 10.1993 states:
The Cologne Higher Regional Court defines the keeper, or vehicle owner, as the person who uses the vehicle on their own account and in their own interest on a more than temporary basis and has control over it.
From a purely legal point of view, in most cases the management or board of directors is considered the owner of a vehicle, even if they do not use the vehicle themselves.
However, the vehicle keeper is not always the vehicle owner. This is the person or legal entity that legally owns the vehicle and can sell, lend or otherwise dispose of it. In the case of leased vehicles, for example, the lessor remains the owner of the vehicle. In the case of financed vehicles, the credit institution may also remain the owner of the vehicle until the loan has been repaid in full. The driver, on the other hand, is always the person who moves or drives the vehicle.
Transfer of keeper duties in the vehicle fleet: How are duties delegated?
When transferring keeper liability in the vehicle fleet, responsibility for compliance with the obligations is delegated to another person or organization. Usually, the owner’s liability is transferred to a person with the appropriate character and expertise. This is usually the fleet manager.
The transfer of owner liability in the fleet does not mean that the company has been released from its obligations with regard to compliance with legal provisions and safety measures. The company still has a duty of control and supervision and should therefore regularly review the work of the fleet manager.
Particularly in cases of infringements – such as parking violations – liability cannot be passed on entirely to third parties. The owner’s responsibility remains and includes both monitoring the drivers used and ensuring that all traffic regulations are complied with.
What are the requirements for the transfer of owner liability?
The delegation of the keeper’s liability must in any case be made in writing and expressly. To minimize potential legal and financial risks, companies should always ensure that they have clear agreements in place and adequately address all relevant aspects of keeper liability and its delegation. There are a few legal pitfalls lurking in the process. If certain points do not apply, there is a so-called organizational fault and in the end the management is liable after all.
- Written contract: In order to clearly regulate the transfer of keeper liability in the vehicle fleet, it is advisable to record this in writing. This is best done either in the employment contract of the fleet manager or through a separate contract.
- Unambiguous wording: This document should clearly articulate all required roles and responsibilities.
- Personal suitability: it is important that the person to whom the keeper’s liability is transferred has the necessary qualities and skills consistent with the tasks.
- Automatic delegation: An automatic delegation of keeper liability may only occur if the person concerned has been performing these tasks for more than five years or is suitable for this due to their professional qualifications.
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What are the legal obligations of owner liability?
In connection with owner liability in the fleet, the fleet manager has various obligations to fulfill in order to ensure compliance with the law and safety in the fleet. The obligations include organizational, technical and documentary measures that must be regularly reviewed and verifiably implemented. These include:
Driver's License Check
As driving without a valid driver’s license is punishable under §21 of the Road Traffic Act ( StVG ), fleet managers must regularly check the validity of drivers’ licenses and the required driving license category.
However, the law does not specify how often driving license checks should be carried out. This should depend on the individual requirements of the fleet. A six-monthly check is recommended. However, checks can also be carried out more frequently if, for example, fines accumulate or more damage occurs to the vehicles.
A typical example is when a company car driver became conspicuous due to drunk driving and his driver’s license is revoked. As the fleet manager, it is then your responsibility to prohibit the use of the company car until a valid driver’s license is obtained again.
UVV driver training
Company vehicles are considered work equipment, which is why employees must be regularly trained in their safe use as part of accident prevention driver training. This is intended to ensure the safety and health of employees who drive vehicles for work and minimize the risk of accidents.
The instruction should cover core topics such as vehicle operation, safety equipment, accident prevention and behavior in the event of accidents. Depending on the requirements of the company and the type of vehicles in the fleet, the content should be adapted accordingly. It is a legal requirement that UVV driver training must be carried out before every first journey and then at least once a year.
UVV inspection of vehicles
In addition, failure to identify and remedy vehicle defects in a timely manner may also be considered a breach of the keeper’s liability obligations. The UVV vehicle inspection is therefore also part of the owner’s liability. It is intended to ensure the operational safety and suitability of company vehicles.
Vehicles must be checked for possible damage or defects at least once a year. This UVV inspection itself must be carried out by a competent person to ensure a professional assessment of each vehicle.
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What are the consequences of ignoring owner liability?
Compliance with keeper liability is of the utmost importance, as the safety of human life is always at stake here. The legislator therefore intervenes rigorously if the owner’s liability is neglected or disregarded by the fleet management. All test results must also be fully and comprehensibly documented so that you can provide appropriate evidence in the event of a claim.
The penalties for the keeper resulting from the failure to comply with these obligations are both criminal and civil in nature and may entail significant financial implications of several thousand euros. Fleet managers who allow company vehicles to be driven without a valid driver’s license risk a prison sentence or a fine in accordance with Section 21 of the German Road Traffic Act (StVG). In the event of an accident, insurance cover may also be invalidated.
It is therefore of the utmost importance that you, as the person responsible for the vehicle fleet, conscientiously fulfill your owner liability obligations in order to avoid possible consequences.
How do software solutions support compliance with keeper liability?
The use of software solutions in fleet management has become indispensable today. As a digital helper, fleet software offers valuable support for fleet managers and facilitates compliance with owner liability thanks to apps and desktop applications. Use these options to comply with legal requirements as well as to improve safety and efficiency in the fleet.
In addition, digital systems enable automated reminders of deadlines, inspection intervals and training courses – thereby minimizing sources of human error. Intelligent functions also ensure legal protection and significant time savings when assigning vehicles, checking driving licenses or documenting damage. Especially in larger fleets, a central software solution offers a decisive advantage in the organization of complex processes.
Driver's license verification
One component of such digital solutions is the electronic driver’s license check. It offers many advantages for both the fleet manager and the driver. Firstly, it saves a lot of time and offers a great deal of flexibility, as it can be carried out quickly and easily from anywhere. The software also reminds drivers of upcoming and overdue appointments and stores all inspection results in a traceable manner.
UVV driver training as an e-learning course
Another solution for digital owner liability is the UVV driver training as an e-learning course. This flexible form of instruction allows drivers to be trained regardless of time and location. This saves fleet managers a lot of time and effort, as the content has already been prepared and is immediately available. The time-consuming organization of appointments is completely eliminated. All instructions and test results are also stored seamlessly.
Appointment reminder and documentation for UVV inspection
With the help of fleet management software such as Fleet+, you as the fleet manager can always keep track of upcoming appointments and have complete documentation to hand. In addition to the UVV inspection, you can also be reminded of other important dates, such as the HU or TÜV.
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FAQ - Important questions on the subject of keeper liability
Violations can result in fines, criminal prosecution and civil liability – for example in the event of accidents or failure to check drivers.
The vehicle owner, usually the company, is generally responsible. Operational responsibility can be delegated to a fleet manager, but overall legal responsibility remains with the owner.
Owner liability means that the vehicle owner is liable for damage and breaches of duty in connection with the operation of a vehicle – regardless of who was driving.
By a written assignment to a professionally and personally suitable person, e.g. the fleet manager. It is important that the company regularly monitors compliance with all obligations.
Other useful articles on the topic of keeper liability
Employer Driving License Check: Legal Regulations and Tips for Implementation
Driver’s license check form: Free download template
Driver instruction according to UVV: Download template as PDF
UVV inspection in the vehicle fleet: definition and importance in the vehicle fleet
10 Tips for Successful and Efficient Fleet Management
Mobility Budget Instead of Company Car: Flexible Mobility for Employees
Bicycles in the company: A sustainable alternative for employee mobility
E-mobility in the Company: 5 Important Points of the Fleet Analysis
