The situational winter tyre obligation is a double topic for car rentals: it concerns the own fleet and the responsibility towards the renter. Those who are negligent here risk fines, liability questions and, in an emergency, trouble with the insurance.
What the law requires
In Germany a situational winter tyre obligation applies under § 2(3a) StVO: in black ice, packed snow, slush, or icy conditions, vehicles may only be driven with suitable tyres (M+S or the Alpine symbol). So there is no fixed calendar date; it depends on the weather. The rule of thumb “O to O” (October to Easter) is only a guide, not a legal basis.
Who is liable – rental operator or renter?
In principle the driver is responsible for compliance. As a rental operator, however, you have a duty of roadworthy handover: whoever hands over a vehicle with worn summer tyres in winter can also become liable. A clear rule in the rental contract and – depending on the season – equipment with winter or all-season tyres is advisable.
Practice: How to protect yourself
- Switch the fleet to winter or all-season tyres (Alpine symbol) in good time
- Document tyre tread – legal minimum 1.6 mm, in winter recommended at least 4 mm
- Keep a handover protocol with tyre condition and tread depth
- Inform the renter of the situational winter tyre obligation in the contract
Why documentation is worth gold here
If an accident occurs in wintry conditions, the question of the tyres quickly becomes central. A digital handover protocol with documented tyre condition and tread depth shows beyond doubt in what condition the vehicle was handed over – this protects you towards renter and insurance alike.
Conclusion
The winter tyre obligation is situational, not calendar-based. Those who switch their fleet in good time, document the tyre condition and inform the renter clearly are legally on the safe side – and avoid costly discussions in case of damage.