Mietwagen-Genehmigung beantragen

• § 49 Absatz 4 Personenbeförderungsgesetz (PBefG) – Verkehr mit Mietwagen
• Kostenverordnung für den Personenkraftverkehr (PBefGKostV)
• Verordnung über den Betrieb von Kraftfahrunternehmen im Personenkraftverkehr (BOKraft)

Application for a hire car licence in accordance with Section 49 Personenbeförderungsgesetz (PBefG)

Would you like to hire out cars with a driver? Unlike taxis, hire cars do not count as public transport. Nevertheless, you need your own permit and a passenger transport licence to operate a hire car company.

Note:

Colloquially, “hire car” usually refers to hire cars that the user drives themselves. Hire cars within the meaning of the Personenbeförderungsgesetz (PBefG) are exclusively vehicles that are hired with a driver.

Hire cars and taxis - what's the difference?

In contrast to taxis (and in order to maintain taxi traffic), the legislator has imposed a number of obligations on hire car operators:

• They are not allowed to keep the vehicles available in public places and streets for passenger transport.
• They must return the car to the company's place of business immediately after each journey.
• They may not use the signs and features typical of taxis (taxi sign, colour) in order to avoid confusion.

On the other hand, there are also simplifications for hire car operations:

• There is no obligation to operate or provide transport.
• The fare is freely agreed, the passenger only has to find a clearly legible, verified distance counter (taxi: fare indicator).
  

  Note: The regulations of the calibration law apply.

• The colour of the vehicles is not specified.
• There is no restriction on the number of licences.

usually (list is not exhaustive):

• Certificate from the health insurance fund confirming the correct payment of contributions to social health and pension insurance and unemployment insurance
• Certificate from the employers' liability insurance association confirming proper payment of accident insurance contributions
• ID or passport
• For foreign nationals (except EU nationals) additionally: residence permit authorising self-employment
• Extract from the Federal Central Criminal Register (certificate of good conduct)
• Extract from the central trade register
• Information from the driving aptitude register
• Extract from the commercial, association or co-operative register (certified copies)
• Copy of articles of association and list of shareholders or other proof of contractual authorisation (only for partnerships)
• Certificate in tax matters (from the tax office at the place of residence and registered office)
• Certificates of employment or certificates of good conduct as proof of professional suitability
• Equity certificate (Annex 1 PBZugV) and, if applicable, additional certificate (Annex 2 PBZugV)

If another person is appointed to manage the business for this person:

• Extract from the Federal Central Criminal Register (certificate of good conduct)
• Extract from the central trade register
• Information from the driving aptitude register
• Proof of professional suitability and proof of employment

Note:

Please contact the relevant office to find out which individual documents must be submitted with the application.

Both car hire companies and those entrusted with management must fulfil certain criteria.

Personal Reliability

The licensing authority uses information from the Federal Central Criminal Register (certificate of good conduct), the Central

Trade Register and the driving aptitude register, as well as certificates in tax matters and regarding contributions to social insurance or the employers' liability insurance association.

The authorities will provide you with details on proof of personal reliability when you submit your application.

Professional Suitability

This can be demonstrated by

• a professional qualification examination before the Chamber of Industry and Commerce (Industrie- und Handelskammer, IHK)
  (The IHK issues corresponding certificates of specialised knowledge).
• at least three years of management experience in a hire car company
• a recognised equivalent final examination (e.g. as a businessman in rail and road transport with a focus on passenger transport or a degree in transport economics from the Technical University of Dresden)
  (In this case, please submit a certificate of the final examination).

Note:

If you manage the business as a professionally qualified person but are not also the owner of the hire car company, you must submit your employment contract as proof.

Financial Capacity

The financial capacity is proven by the equity capital plus the reserves of the company. The amount is based on the number of vehicles intended for use:

• for the first vehicle: EUR 2,250
• for each additional vehicle: EUR 1,250

Note:

The information on financial capacity must not be older than twelve months.

• Procedural fee (depending on expenditure)
• Fees and expenses for register information and other evidence

Please contact the road traffic authority responsible for you to find out the exact amount of the fees.

Before Submitting the Application

You will need a number of documents to submit to the licensing authority. Experience shows that obtaining a certificate of good conduct and an extract from the central trade register takes the longest. You should therefore apply for these documents first.

Application

Please submit the application in person to the relevant office.

• You can obtain the application form from the competent authority; online forms are also available on the Internet, depending on the services offered by the authority.
• Complete the application form in full and hand it in to the office named together with the required documents.
• The licensing authority will obtain comments on your application, including from the municipalities, the Chamber of Industry and Commerce, the relevant trade union and the passenger transport trade association.
• Once the deadline for comments has expired, the competent authority will decide on your application and you will receive a written decision.

Timeliness of the Evidence

• Deadline for equity certificate and, if applicable, additional certificate: maximum twelve months prior to application
• Extract from the Federal Central Criminal Register (certificate of good conduct), extract from the Central Trade Register and
• information from the driving aptitude register: not older than three months
• Clearance certificates: not older than three months

Objection, details in the official notification.