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Law on the calculation of the use of electrically powered vehicles

Original Language Title: Gesetz zur Bevorrechtigung der Verwendung elektrisch betriebener Fahrzeuge

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Law on the calculation of the use of electrically powered vehicles (Electromobility Act-EmoG)

Unofficial table of contents

EmoG

Date of completion: 05.06.2015

Full quote:

" Electromobility Act of 5 June 2015 (BGBl. I p. 898) "

1
Notified in accordance with Directive 98 /34/EC of the European Parliament and of the Council of 22 June 1998 laying down a procedure for the provision of information in the field of technical standards and regulations and of rules on information society services 1. OJ L 204, 21.07.1998, p. 37), as last amended by Article 26 (2) of Regulation (EU) No 1025/2012 of the European Parliament and of the Council of 25 June 2012. October 2012 (OJ C 327, OJ L 316 of 14.11.2012, p. 12).

Footnote

(+ + + Text proof: 12.6.2015 + + +) 
(+ + + Official note from the norm-provider on EC law:
Notification of the
ERL 34/98 (CELEX Nr: 31998L0034) + + +)

Unofficial table of contents

§ 1 Scope

This Act will provide for measures to be taken to ensure the participation of electrically powered vehicles
1.
of categories M1 and N1 as defined in Part A of Annex II to Directive 2007 /46/EC of the European Parliament and of the Council of 5 September 2007 establishing a framework for the approval of motor vehicles and their trailers, and of Systems, components and separate technical units intended for such vehicles (OJ L 327, 30.4.2004, 1), as last amended by Directive 2013 /15/EU (OJ L 378, 27.12.2013, p. OJ L 158, 10.6.2013, p. 172), and
2.
of categories L3e, L4e, L5e and L7e as defined in Annex I to Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 concerning the approval and market surveillance of two-or three-wheel and four-wheel vehicles (OJ L 378, 27.11.2013, p. OJ L 60, 2.3.2013, p. 52)
on road transport, in order to promote their use in order to reduce, in particular, the effects of motorised individual transport on the climate and the environment. The first sentence shall also apply to an electrically powered vehicle of category N2 within the meaning of Annex II, Part A, of Directive 2007 /46/EC, in so far as it may be used in the territory of the country with the driving licence of category B. Unofficial table of contents

§ 2 Definitions

Within the meaning of this Act,
1.
an electrically powered vehicle: a pure battery electric vehicle, a hybrid electric vehicle that can be rechargeable from the outside, or a fuel cell vehicle,
2.
A pure battery electric vehicle: a motor vehicle with a drive,
a)
whose energy converters are exclusively electrical machines, and
b)
whose energy storage system can be recharged at least from outside the vehicle,
3.
a hybrid electric vehicle, rechargeable from the outside: a motor vehicle with a drive, which is equipped with at least two different types of
a)
energy converters, of which at least one energy converter is used as an electric drive machine, and
b)
energy storage devices, of which at least one of an energy source located outside the vehicle can be recharged electrically,
,
4.
a fuel cell vehicle: a motor vehicle with a drive, the energy converter of which consists exclusively of the fuel cells and at least one electric drive engine,
5.
Energy converters: the components of the motor vehicle drive, which convert energy permanently or temporarily from one form to another, which are used for the movement of the motor vehicle,
6.
Energy storage devices: the components of the motor vehicle drive, which store the respective forms of energy which are used for the movement of the motor vehicle.
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§ 3 Accounting

(1) Any person who leads a vehicle within the meaning of § 2 may, in accordance with the following provisions, obtain prejustifications for the participation in road transport, insofar as this does not affect the safety and ease of transport. (2) In the case of a hybrid electric vehicle which can be rechargeable from the outside may be used for a vehicle only if the certificate of conformity referred to in Annex IX to Directive 2007 /46/EC or the certificate of conformity is based on the certificate of conformity of the certificate. Certificate of conformity in accordance with Article 38 of Regulation (EU) No 168/2013 shows that the vehicle
1.
a carbon dioxide emission of not more than 50 grams per kilometre driven, or
2.
the range of which is at least 40 kilometres, with the exclusive use of the electric propulsion engine.
(3) If the existence of the requirements of paragraph 2 cannot be proved by the certificate of conformity or if there is no certificate of conformity for a vehicle, proof may also be provided in another appropriate manner. (4) Preliminary calculations are possible
1.
for parking on public roads or roads,
2.
in the use of public roads or routes or parts thereof intended for special purposes,
3.
by allowing exemptions from access restrictions or transit bans,
4.
with regard to the raising of charges for parking on public roads or roads.
(5) In legal regulations according to § 6 (1) of the Road Traffic Act,
1.
the prejustifications shall be determined in more detail,
2.
the details of the requirements for their use shall be laid down,
3.
the necessary road traffic regulations, in particular road signs and transport equipment, are to be determined.
The German Federal Ministry of Transport and Digital Infrastructure (Federal Ministry for Transport and Digital Infrastructure), together with the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety, provides legal regulations with regulations in accordance with sentence 1. § 6 (3) of the Road Traffic Act is not applicable to a legal regulation with regulations pursuant to sentence 1. (6) In legal regulations pursuant to § 6a (6) sentence 2, also in conjunction with sentence 4, the Road Traffic Act may be deemed to be Preferential rates of fees or exemptions from the obligation to pay are provided for. Unofficial table of contents

§ 4 Labelling

(1) In accordance with § 3, for vehicles which are marked with a clearly visible marking, they may only be granted for vehicles. (2) In legal regulations pursuant to Section 6 (1) (2) of the Road Traffic Act, the manner in which the labelling within the meaning of paragraph 1 shall be determined in more detail, in particular:
1.
the information required for the production of the marking,
2.
the manner in which the marking is affixed and
3.
the procedure for the identification of the marking
, In accordance with the provisions of the legal regulations referred to in the first sentence, the identification of vehicles held domestiy may be regulated by the dispatch of an identification mark required for the operation of the vehicle on public roads. The German Federal Ministry of Transport and Digital Infrastructure (Federal Ministry for Transport and Digital Infrastructure), together with the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety, provides legal regulations with regulations in accordance with sentence 1. § 6 (3) of the Road Traffic Act is not applicable to legal regulations with regulations pursuant to sentence 1. (3) For individually attributable public services as referred to in paragraph 1 in conjunction with legal regulations pursuant to paragraph 2, fees and fees shall be charged. Levied. Article 6a (2) to (5) and (8) of the Road Traffic Act shall apply accordingly Unofficial table of contents

§ 5 Transitional Regulation

(1) By 1 January 2016, Article 38 of Regulation (EU) No 168/2013 shall be replaced by Article 7 of Directive 2002/24/EC of the European Parliament and of the Council of 18 March 2002 concerning type-approval of two-or three-wheeled vehicles Motor vehicles and repealing Council Directive 92 /61/EEC (OJ L 206, 22.7.1992, p. 1), as last amended by Directive 2013 /60/EU (OJ L 124, 20.5.2013, p. 15). (2) By way of derogation from Section 3 (2) (2), the required range shall be at least 30 km by the end of 31 December 2017. (3) Vehicles that satisfy the requirement of paragraph 2 of this Article shall be: may also be granted after 31 December 2017 the prejustifications which may be granted to vehicles in accordance with Article 3 (2). Unofficial table of contents

§ 6 Announcement of legal regulations

Legal regulations pursuant to this Act may be announced in the Federal Gazette by way of derogation from § 2 (1) of the Law of the Annunciation and Notices Act. Unofficial table of contents

§ 7 Reporting

The Federal Ministry of Transport and Digital Infrastructure and the Federal Ministry for the Environment, Nature Conservation, Building and Nuclear Safety publish jointly every three years, for the first time until 1 July 2018, a report on the nature of the equipment and operation of electrically powered vehicles within the meaning of Section 2 (1), on the charging behaviour of such vehicles and on the development of the charging infrastructure, in order to provide information on the further reduction of the climate and the environmentally harmful effects of motorised private transport, in particular: the updating of the environmental criteria in accordance with Section 3 (2) (2). Unofficial table of contents

§ 8 Entry into force, external force

(1) This Act shall enter into force on the day following the date of delivery. (2) This Act shall expire on the expiry of 31 December 2026.