Driving ban in low emission zones - exemption authorisation

To improve air quality, Hesse has set up low emission zones in some cities. Low emission zones may only be entered by vehicles that

• are generally exempt from the sticker requirement (see general exemptions),
• via a green sticker or
• a corresponding exemption authorisation (see individual exemptions)

have. Vehicles without a sticker are generally not allowed to drive in low emission zones due to their particularly high emissions.

Exemptions from the labelling requirement
General exemptions
The vehicles listed in Annex 3 to Section 2 (3) of the 35th Ordinance on the Implementation of the Federal Immission Control Act (35th BImSchV) do not require a fine dust sticker or an exemption permit to enter an environmental zone. This includes

• Mobile machines and devices,
• Working machines,
• agricultural and forestry tractors,
• 2 - and 3-wheeled motor vehicles,
• civilian army vehicles and troop vehicles,
• Vehicles of severely disabled people with the "aG", "H" or "Bl" mark on their severely disabled person's pass,
• Ambulances and appropriately labelled ambulances,
• Classic car with H licence plate.
   

Individual exceptions

Exemption on request

Exemptions in cases of economic and social hardship may be granted if the following general requirements are met cumulatively (together) and, in the case of vehicle owners with a place of residence or business outside the low emission zone, at least one of the special requirements is also met. The duration of the exemption must be limited to a reasonable extent and adapted to the proven need.

• General requirements
  • The motor vehicle was registered to the vehicle owner before a certain date (exact date in the respective clean air plan).
  • It is not technically possible to retrofit the vehicle to achieve the pollutant group required for access to an environmental zone. Proof that the vehicle cannot be retrofitted must be provided in the form of a certificate from an officially recognised expert at a technical testing centre. At the time of application, the certificate must not be older than one year.
  • The owner of the motor vehicle has no other motor vehicle registered to him that fulfils the access requirements of an environmental zone available for the purpose of the journey applied for.
  • A replacement purchase is not economically feasible.

When examining economic unreasonableness, the seizure exemption limits from the enforcement law of the Code of Civil Procedure (ZPO) are applied, which represent recognised income limits with which the living expenses of a person plus dependants (including rent and all other costs) can be met.

The limiting income for the reasonableness of a vehicle replacement is based on the currently applicable garnishment table, assuming a garnishable amount of EUR 100.00 as the limit.

In the case of tradespeople, a reasoned opinion from a tax consultant must be provided to prove that the procurement of a replacement vehicle suitable for access to the low emission zone would jeopardise their livelihood.

Exception:
For residents or traders based in the respective environmental zones, the general requirements relating to technical non-retrofittability and economic non-reasonableness do not have to be met simultaneously for a limited period of time, but it is sufficient if only one of the two requirements can be proven.

• Special conditions for certain driving purposes
  If the general conditions are met, an exemption from traffic bans may be granted for the following driving purposes:
  • Private / commercial journeys
    • Journeys to maintain and repair technical installations, to repair damage to buildings, including the repair of water, gas and electrical damage,
    • Journeys for social and care services,
    • Journeys for necessary regular visits to the doctor and journeys in the event of medical emergencies,
    • Origin and destination journeys of coaches and
    • Journeys by commuters to their place of work if no public transport is available at the start or end of work.
  • Public transport
  • journeys to supply the population with essential goods from food retailers, pharmacies, retirement homes, hospitals and similar facilities; weekly and special markets and
  • Journeys for the delivery and disposal of construction sites, the delivery of goods to production plants and the dispatch of goods from production, including works transport if alternatives are not available.
  • Special motor vehicles with a special business idea (e.g. historic buses used for wedding trips or city tours),
  • Special motor vehicles with high purchase or conversion costs and low mileage within the low emission zone (heavy goods vehicles, tractors of showmen, motor vehicles used as workplaces with fixed superstructures/installations, i.e. motor vehicles that have special technical features due to their special purpose (e.g. measuring vehicles, special media vehicles and workshop vehicles of craft businesses),
  • coaches, insofar as the manufacturer's warranty for engine performance is cancelled by a technical conversion, and
  • Special cases of hardship, such as the threat to a trader's existence due to a traffic ban. Such cases of hardship must be substantiated by a reasoned opinion from a tax advisor.
  • Special requirements for social or vehicle-related reasons

Exemption authorisations granted by other bodies

• Simplified proof in the authorisation procedure
  If the holder of an exemption permit that was issued no more than one year ago applies for a further exemption permit for special driving purposes for another low emission zone in Hesse, the general requirements do not have to be checked again. The exemption authorisation already issued is sufficient proof of these requirements.
• Mutual recognition
  The locally competent authorities in Hesse mutually recognise exemptions granted for driving purposes for social or vehicle-related reasons. As proof, the issued exemption authorisation must refer to the relevant purpose and be clearly displayed in the vehicle.

Exemptions ex officio
In addition to the machines, devices and motor vehicles already listed in Annex 3 to the 35th BImSchV, a general ruling issued by the respective cities

• Vehicles on test, trial or transfer journeys with short-term licence plates, with red licence plates in accordance with § 16 of the Vehicle Registration Ordinance (FZV) or with export licence plates in accordance with § 19 FZV,
• Vehicles driven or driven by persons who have the orange parking permit for special groups of severely disabled persons in accordance with § 46 Para. 1 No. 11 StVO and display it clearly visible behind the windscreen and
• Experimental and test vehicles according to § 70 Para. 1a or § 19 Para. 6 of the StVZO

are exempt from the labelling requirement.