Obligation to return, data obligation, proof of capital: TMV increases reform pressure

The Taxi and Rental Car Association of Germany calls for a comprehensive reform of the passenger transport law and adjacent regulations. In a submitted position paper, the association demands legal adjustments to the Passenger Transport Act, to the Regulation on the Operation of Motor Vehicle Companies in Passenger Transport, and to the Regulation on Professional Access for Street Passenger Transport. The aim is to ensure fair competition and to address existing enforcement deficits in the area of platform-mediated mobility services.

Digital Control of the Return Obligation

A central concern is the consistent enforcement of the return obligation for rental cars pursuant to § 49(4) of the Passenger Transport Act. According to the association, its implementation has thus far failed due to insufficient controls.

To improve surveillance, the association calls for linking the concession number to the license plate of the respective base of operation. This should prevent vehicles not belonging to the local area from being used in urban traffic and hinder enforcement options.

In addition, electronically recorded operating, location-tracking and trip data should be legally secure as business documents in accordance with § 54a of the Passenger Transport Act. Software-based solutions could, according to the association's view, automate the monitoring of the return obligation as well as hearing procedures.

Same data obligations from December 2028

Within the framework of the Intelligent Transport Systems Act, the association argues that rental car companies from December 2028 should be subject to the same data reporting obligations as taxi companies. Violations of these obligations would have to be sanctioned in order to prevent distortions of competition.

Technical standards for rental cars

To ensure tax and contribution fairness in the occasional transport, the association advocates a nationwide obligation to install distance meters in all rental cars. This obligation should apply regardless of operator organization or payment method.

With the introduction of the distance meter obligation, the use of the Technical Safety Device should also be mandatorily prescribed across the entire rental car market.

Protection of taxi traffic and clear permit rules

In line-service traffic, the position paper calls for a minimum distance of 500 meters between virtual stops. This should protect the traditional door-to-door taxi service.

In addition, the association opposes so-called drawer approvals. Traffic recordings must be carried out within three months of approval. Otherwise, the approval in taxi traffic should automatically lapse.