License Plate Holder vs. Owner: What You Need to Know

Questioner

My question is the following. Is the person in whose name a license plate is registered also the legal owner? Or is the person solely legally responsible for road tax, insurance and MOT?

Lawyer

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/possessor. 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/possessor 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 have the license plate transferred because he doesn't have to identify himself as the holder 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.