License plate in your name? Discover your rights and obligations!

Questioner

I helped an acquaintance by transferring the license plate of his car to my name. After a year, he would transfer it to his own name. He has been asked a few times to actually do this, but nothing has happened yet. What is the best way to handle this? I can't go to the police, since I'm not the owner.

Lawyer

You have put yourself in a very difficult position by acting as a front man. There are two concepts of ownership. The Civil Code states that only the owner has full power over the thing, the Road Traffic Act and also the WahV implicitly assume that the holder of a license plate is also the owner. The holder of the license plate is responsible for the mandatory insurance, for the MOT, for the road tax and for all traffic fines based on the WahV. Only the holder of the license plate can apply for a new license plate, block it and export the vehicle legally. The holder of the license plate can - if the vehicle and the license plate are in his possession - sell the vehicle and have the license plate transferred. If the buyer of the car is in good faith, he is protected against a recovery from the 'real' owner. The owner/user can sell the car, but that won't help him much if he doesn't have the license plate and, after 1 January 2014, the associated code himself. If he does, he can transfer the license plate because he doesn't have to identify himself as the owner when transferring it. There is a separate registration for lease cars, which lists the actual owner as well as the holder of the license plate. In the situation of a front man, the holder of the license plate and the owner/possessor differ, the legislator has not provided for this. This means that the front man cannot or can hardly get rid of the holdership of the license plate without the help of the owner/possessor.

Questioner

According to the police, I am not the owner of the car. I do not know how it is regulated by law? The license plate is in my name, but that does not mean that I am the owner. How does that work? Is the person in whose name the car is registered also the owner by law?

Lawyer

Advice adjusted.