Selling a car, traffic fines and motor insurance in Austria
Austria has no notice of sale to an authority: the seller deregisters the car at a registration office and tells the insurer (notice to the motor insurer), whose contract passes to the buyer until then (§§ 69 to 71 VersVG). Until the car is deregistered, the seller remains its registered keeper and must answer every request to name the driver, so the sale contract and the handover record note the hour the car changed hands. Between private parties the warranty can be excluded (§ 929 ABGB), but not for what was assured or fraudulently concealed; the contract has the seller say expressly whether the car is assured to be roadworthy.
The documents are written in German, under Austrian law, and each one's page describes it in English. Against a penalty order (Strafverfügung) an objection lies within two weeks of service, oral or written, e-mail included, with no reasons needed; an objection to the amount alone leaves the finding of guilt standing (§ 49(2) VStG). Against a penalty decision an appeal goes to the Land's administrative court within four weeks, lodged with the authority that issued it; if it fails, 20 % costs are added (§ 52 VwGVG). A fine that cannot be paid at once can be deferred or paid in instalments (§ 54b(3) VStG). The driver identification is due within two weeks, relatives included (§ 103(2) KFG 1967).
After an accident the injured party claims directly from the other car's liability insurer (§ 26 KHVG), which must make an offer within three months or give written reasons why not (§ 29a KHVG); the claim suspends limitation (claim to the other insurer). One's own insurer is told as the policy requires (claim notice). Motor liability insurance can be cancelled at the end of the insurance year, after a premium rise, after a claim, or by the buyer of the car (cancellation). None of it is legal advice.
The documents
12 forms available to fill out or download.
Notice cancelling motor liability insurance (Austria)
The letter cancelling your motor liability insurance in Austria in the four most common cases: at the end of the insurance year (§ 14 Abs 2 of the Austrian Motor Liability Insurance Act, KHVG) — the anniversary of the policy's start, not necessarily 31 December, with the notice arriving a month before — after a premium increase (§ 14a KHVG), after a claim (§ 158 VersVG), and after buying a used car whose insurance passed with it (§§ 69 ff VersVG). With the policy number and plate. In German, ready to print, sign and send by registered post.
Agreement to lend a car, with permission to drive it (Austria)
The agreement by which you let another person drive your car — family, friends or acquaintances — including trips abroad: period, purpose, countries allowed, the licence check under § 103 Abs 1 Z 3 of the Austrian Motor Vehicles Act (KFG), insurance and any restricted driver group, costs, fines and damage, handover and return. Until the car comes back, you name the user in reply to a driver enquiry under § 103 Abs 2 KFG. At the end, a separate permission to drive with a short English summary, to carry in the car. In German, ready to print and sign by both.
Notice to the motor liability insurer of the sale of a car (Austria)
The letter telling your motor liability insurer in Austria that you have sold your car, as § 71 of the Austrian Insurance Contract Act (VersVG) requires: with the policy number, plate, chassis number, date and hour of handover, the buyer's name and address and the day of deregistration. It asks for the premium to be settled and prepaid premium refunded to your account, or for the policy to move to a replacement car, and for a confirmation of your claims record. Austria has no notice of sale to an authority. In German, ready to print, sign and send by registered post.
Handover record for the sale of a car (Austria)
The record that seller and buyer fill in together when a sold car changes hands in Austria: date and exact hour, mileage, fuel or charge level, visible damage, whether the car is roadworthy, papers handed over — Typenschein or data extract, Zulassungsschein, the latest roadworthiness report under § 57a KFG (the Pickerl) — and keys, and whether the car is handed over deregistered or still registered. The hour matters: until deregistration the seller remains the registered keeper and receives every driver enquiry. Goes with the sale contract. In German, ready to print and sign by both.
Power of attorney to deregister or register a motor vehicle (Austria)
The written power of attorney that lets another person — the buyer of your car, for instance — act for you at an Austrian registration office run by a motor insurer: to deregister the car and hand back the Zulassungsschein and plates, with or without reserving the number, to register it in your name, or to deposit papers and plates under § 52 of the Austrian Motor Vehicles Act (KFG). With both people's details, the vehicle's chassis number and plate, and a period of validity. The same in every Land. Deregistration itself is free. In German, ready to print and sign by hand.
Complaint against a penalty decision to the Land administrative court (Austria)
A complaint against an Austrian penalty decision (Straferkenntnis), for instance after a traffic offence, to the Land administrative court – in Vienna the Verwaltungsgericht Wien – lodged with the authority that issued the decision: with everything § 9 of the Austrian Administrative Court Procedure Act (VwGVG) requires (decision, authority, grounds, request, timeliness), evidence offered and a request for an oral hearing. Deadline: four weeks from service (§ 7 Abs 4 VwGVG). The penalty cannot be raised (§ 42 VwGVG); if the complaint fails, 20 % of the penalty is added in costs, at least € 10 (§ 52 VwGVG). In German.
Reply naming the driver – Lenkerauskunft (Austria)
The registered keeper's reply when an Austrian authority asks who drove or parked a vehicle (§ 103 Abs 2 of the Austrian Motor Vehicles Act, KFG 1967): with the file number, plate, the time and place given in the request, and the name and address of the person who drove or parked it – or of the person who can say. Answering is compulsory, within two weeks of service, even about a relative; a false, incomplete or late answer can cost up to € 5,000. If the request comes with a reply sheet or the authority offers an online reply, you can use that for free. In German.
Used car purchase agreement between private individuals (Austria)
The contract for a private sale of a used car in Austria: the vehicle with its chassis number, Typenschein or data extract and next roadworthiness test under § 57a KFG (the Pickerl), price and payment, the seller's statements on mileage, accidents and known defects, the exclusion of warranty with its limits under Austria's Civil Code (ABGB), and an express choice on roadworthiness. With the date and hour of handover, deregistration under the Austrian Motor Vehicles Act (§ 43 Abs 4 KFG) and who answers a driver enquiry until then. Not for a dealer sale. In German, ready to print twice and sign.
Objection to a penalty order (Austria)
A letter objecting to an Austrian penalty order (Strafverfügung) from a district authority, a city's Magistrat or the Land police directorate, for instance for a traffic offence: with the file number, the date and the day of service, against the whole order or expressly only against the amount (§ 49 of the Austrian Administrative Penal Act, VStG). Deadline: two weeks from service; no reasons are needed, e-mail is accepted, and posting on the last day is enough. If the case ends in a penalty decision, 10 % costs are added, at least € 10 (§ 64 VStG). On-the-spot fines and anonymous orders cannot be objected to. In German.
Claim to the other driver's motor liability insurer (Austria)
A letter for claiming accident damage directly from the motor liability insurer of the vehicle that caused it, as Austria's Motor Liability Insurance Act allows (§ 26 KHVG): date, place, the other vehicle's plate and policy number, how it happened, the damage, the amount so far, your IBAN and a date for a reply. The insurer must make an offer or give written reasons within three months (§ 29a KHVG), and the claim suspends limitation until it rejects it in writing. The same in every Land. In German, ready to print, sign and send with the accident statement and photos.
Application to defer or pay an administrative fine in instalments (Austria)
An application to the district authority, the city's Magistrat or the Land police directorate to pay a fine from an Austrian penalty order or penalty decision later or in instalments (§ 54b Abs 3 of the Austrian Administrative Penal Act, VStG): with the file number, the amount, your payment proposal, your financial circumstances and why the difficulty is temporary. If paying at once is unreasonable for economic reasons, the authority must grant a suitable deferral or instalments. In German, ready to print, sign and send with proof of income and outgoings.
Claim report to your own motor insurer (Austria)
A letter reporting an accident or damage to your own motor insurer in Austria: under the liability cover where someone else may claim against you, or under partial or comprehensive Kasko cover for damage to your own vehicle. With the policy number, plate, date and place, who was driving, others involved, police, witnesses, what happened and the damage. Austrian policy conditions (AKHB) ask for prompt notice; your policy states the period. The letter records facts and admits no fault. In German, ready to print and sign.
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