News

The court had to address the issue of the maximum speed at which motorhomes with a gross vehicle weight of 7.7 tonnes can travel on the motorway.

The court concluded that motorhomes are not classified as passenger cars under the Road Traffic Regulations, and that Regulation (EU) 2018/858 does not provide for anything else either.

Therefore, if a traffic sign 274 stipulates a maximum speed ('for trucks over 7.5 tons'), the driver cannot use the fact that their motorhome is not a truck as an excuse.

The OLG Frankfurt stated in its reasoning that such traffic signs do not permit a higher speed limit than that specified in Section 18(5) StVO (Annex 2 to Section 41(1) StVO, serial no. 49, column 3, item 3).

The regulation is clear.

Section 18(5) StVO, when read together with Section 1 of the 12th Amendment to the StVO, clearly states that motorhomes weighing over 7.5 tonnes are subject to a maximum speed of 80 km/h on motorways.

This provision also implies that motorhomes are not passenger cars within the meaning of the StVO (see OLG Braunschweig's decision of 2 July 1993, Ss (Bz) 62/93, which provides further references). If this were the case, the exception in Section 18(5)(1)(a) of the StVO would apply, meaning the corresponding exemption regulation would be unnecessary.

 

European law does not preclude this.

Even under Regulation (EU) 2018/858, a motorhome is not classified as a passenger car. Furthermore, the regulation governs 'the approval and market surveillance of motor vehicles'. "

In terms of classification under road traffic law, motorhomes are classified alongside passenger cars in vehicle class M1. However, as 'vehicles with a special purpose', they are subject to special regulations in Annex I, Part A, No. 5.1; Annex II, Part III; and Appendix 1. They are therefore not treated as passenger cars.

 

European Case Law Identifier (ECLI):

ECLI:DE:OLGHE:2025:0903.1ORBS42.25.00

Picture generated with AI