Information - Mietwagengenehmigung; Beantragung - Dienstleistungsportal Bayern

Description

Transport for hire is the transport of persons by passenger cars hired for transport only as a whole and with which the entrepreneur carries out journeys whose purpose, destination and course are determined by the hirer and which are not transport with taxis and not bundled on-demand transport.

This does not mean the hiring of vehicles to self-drivers.

You may only hire out the vehicle as a whole. The hirer (passenger) determines the purpose, destination and schedule of the journeys.

You can obtain the permit for a maximum of five years. After that, you can apply for an extension.

Rental cars differ from taxis in the following ways:

• You may not keep rental cars available in public places/streets for passenger transport. They must return to the company's place of business after each transport.
• They have no duty to operate or carry passengers.
• The fare is freely agreed. However, they must determine it with a distance meter.
• The colour of the vehicles is not specified.
• The number of permits is not limited.

Prerequisites

• The entrepreneur or the persons appointed for the management must be reliable.
• The entrepreneur or the persons appointed for the management must be professionally suitable.
• The company must be secure and financially viable.
• The company's registered office or branch must be in Germany (in the sense of commercial law).

Procedure

You must apply for the car rental permit at the competent office. Depending on what your competent body offers, you can download an application form from the Internet.

The competent body carries out a hearing procedure. As part of this, it requests opinions from other bodies, including

• municipalities,
• trade supervisory authorities,
• the Chamber of Commerce and Industry,
• the relevant trade unions and professional associations.

After the deadline for the comments has expired, it makes a final decision on the application and informs the applicant in writing of the result.

Deadlines

none

Processing time

Normally, the competent body will decide on your application within three months.

The period can be extended by a maximum of another three months. The prerequisite is that the competent body has announced this in good time (within the first three months) in a written interim decision.

Required documents

• The following documents are required for the rental car permit:
  • Proof of personal reliability (not older than three months at the time of application), e.g.:
    • Extract from the Federal Central Register (certificate of good conduct)
    • Information from the central business register
    • Extract from the central traffic register
  • Extract from the commercial or cooperative register (certified copies)
  • Copy of the articles of association and the list of shareholders
  • for legal entities: Proof of power of representation
  • Proof of financial standing (not older than three months at the time of application):
    • Clearance certificates from the tax office
    • Certificate of no objection from the responsible municipality
    • Certificate of no objection from the social security:
      • from health insurance companies with which you insure or have insured employees and
      • for yourself, if you are or were voluntarily or privately insured.
    • Clearance certificate from the Employer's Liability Insurance Association for Transport and the Transport Industry (not older than three months at the time of application)
    • Equity certificate and - if required - supplementary certificate (not older than twelve months at the time of application).
      • The amount of equity depends on the number of vehicles you intend to use: For the first vehicle, you must provide evidence of equity capital in the amount of 2,250 euros, and for each additional vehicle, 1,250 euros.
  • Evidence of professional suitability:
    • Certificate of the specialist knowledge examination at the IHK or
    • Certificate of specialist knowledge from the IHK for at least three years of managerial activity in a rental car company or
    • Certificate of a recognised equivalent final examination (e.g. businessman's examination in rail and road transport with a focus on passenger transport)
  • if you appoint other persons to manage the company, you must provide the following documents for them:
    • Certificate of good conduct
    • Information from the central business register
    • Extract from the central traffic register
    • Proof of professional suitability
    • Proof of employment (employment contract)

  The competent authority may request further documents.

Fees

• Framework fee for approval: 50,00 - 500,00 EUR

  For regular cases it is

  • for the first vehicle: 60 EUR
  • for each additional vehicle: 30 EUR

  These amounts are not binding on the approval authority.

  In the event of an excessive administrative burden, the approval authority may deviate from this up to the maximum amount of the framework fee.

  You may incur further costs for register information and the preparation of other supporting documents.

Legal bases

• § 49 Abs. 4 Personenbeförderungsgesetz (PBefG)
• § 2 Absatz 1 Nummer 4 Personenbeförderungsgesetz (PBefG)

Remedy

Action before the competent administrative court

Related issues

• Occasional services by coach and bus; application for authorisation
• Occasional passenger transport; application for an excursion or holiday destination permit
• Taxi permit; application