What is an unloaded weight
Newsletter October 2017
The Measurement and Verification Ordinance (MessEV) was changed with effect from August 16, 2017. One of the main innovations is the elimination of the obligation to determine the curb weight of vehicles immediately before or after weighing the loaded vehicle by weighing.
Section 26 (2) sentence 2 MessEV previously regulated that stored weight values for motor vehicles may only be used to determine net values if they were determined immediately before or after the weighing of the loaded motor vehicle. A legally permissible determination of the weight of the vehicle load always required two weighing processes: one to determine the weight of the loaded vehicle (so-called gross weighing) and one to determine the weight of the unladen vehicle (so-called tare weighing). However, the application of this regulation often caused considerable difficulties in operational practice, for example when vehicles first had to be "driven over the scales" again after unloading before they could be loaded again for the return journey.
With the second regulation amending the MessEV of August 10, 2017, § 26 Paragraph 2 Clause 2 MessEV old version has been deleted without replacement. As a result, the general regulation of Section 26 (2) MessEV new version, which allows the use of stored tare weight values, now applies to determining the weight of a vehicle load. The prerequisite for this, however, is that the stored weight values correspond to the actual tare weight values at the time of their use or are measured in such a way that the contractual partner of the measured value user is not disadvantaged. Since a match between the stored and actual weight of an unloaded vehicle cannot be ensured due to the fluctuating amount of fuel in the vehicle, the second alternative, i.e. the exclusion of any disadvantage for the contractual partner, is decisive here. This means that, for example, in the event that the measured value user sells goods, it must be ensured that the buyer does not receive less goods for the price paid than would result from carrying out a tare weighing. In the opposite case, that the user of the measured values buys goods, it must be ensured that the seller does not receive a lower fee than in the case of a tare weighing. In other words, it follows from the prohibition of discrimination that the unavoidable deviations between the actual and stored weight are always economically at the expense of the user of the measured values.
Since, depending on the underlying transaction, sometimes too high and sometimes too low a stored weight value has a detrimental effect on the contractual partner, the prohibition of discrimination can only be complied with if different weight values are used depending on the constellation. In relation to the expected range of fluctuation in the actual weight, this can basically only be a minimum or maximum weight; in particular, average values are not suitable, as these may be under or overrun in individual cases to the detriment of the contractual partner. At most, for ongoing business relationships with a large number of measurement processes, the use of average values could be considered with the argument that exceeding and falling below will offset each other in the long term. In this respect, however, the problem is, on the one hand, whether Section 26 (1) MessEV permits such an overall assessment or whether the prohibition of discrimination must be complied with for each individual measurement process, and on the other hand, that such an overall assessment reduces the likelihood of disadvantage, but not it Security excludes.
The long-debated question of whether, in addition to the gross and tare weights, this must be within the measuring range of the scales when determining net weights, was not answered by the change in the MessEV. It remains to be seen whether this will be clarified by the so-called rule investigation committee at the Physikalisch-Technische Bundesanstalt. The new regulation in Section 25, Clause 1, No. 7 MessEV, which relates to the arithmetic determination of measured variables from measured values and allows this provided that the Rule Determination Committee has determined rules that include a determination of the permissible deviations of the values from the true values and the location of which was published by the Physikalisch-Technische Bundesanstalt in the Federal Gazette, should not apply to the determination of net weights, according to the Federal Ministry of Economics. However, this does not prevent the regular investigation committee from becoming active on the basis of the general authorization in Section 46 of the Measurement and Verification Act.
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