Requirement for logbooks for all cars needs a good justification
A logbook obligation for multiple vehicles of an owner may only be imposed by the competent authority with proper justification. This was clarified by the Administrative Court (VG) Aachen in a decision (Ref: 10 L 792/24), highlighted by the ADAC.
In the case, a car was caught by a speed camera for excessive speed. The identified owner received a questionnaire from the authority asking him to name the specific driver. However, due to poor image quality, the respondent initially provided no information—only after the statute of limitations had passed.
Authority: Immediately Keep a Logbook for All Cars
Although the procedure was subsequently discontinued, an immediate logbook requirement was issued for all vehicles of the owner. In an expedited procedure, the owner then requested that it first be determined whether this requirement was lawful, reports the ADAC.
More precisely, he applied for the so-called restoration of the suspensive effect. In simpler terms, that this demanded requirement is not enforced until the final clarification. Because in administrative procedures, according to the ADAC, an objection or appeal does not automatically mean that the enforcement must “wait” (suspensive effect).
Administrative Court: Order Justified...
This request was granted by the VG Aachen. The court initially determined that the authority's order was fundamentally justified. Because even with poor image quality, it is not sufficient to provide no information at all. At the very least, the owner should have named a group of people who had access to the vehicle.
.. but not for all vehicles...
Elsewhere, the Administrative Court of Aachen determined that the authority had not properly exercised its discretion: The court deemed it erroneous to extend the requirement of maintaining a logbook to all vehicles of the owner. The authority had not explained why it assumed there was a risk that similar incidents could occur in connection with the other vehicles as well.
... and not without suspensive effect
Furthermore, at the time of the authority's decision, no other proceedings had been mentioned or recorded and were therefore not considered in the discretionary decision. Thus, the extension was unlawful, and the suspensive effect should be restored until a decision is made in the main proceedings. Therefore, the owner did not have to comply with the requirement until then.
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