At the start of the cold season, the ACV Automobile Club Verkehr answers seven questions about winter tires, all-season tires and “presumption of fault”.
Since 2010, winter tire requirements have been mandatory in Germany. This means: Only suitable tires may be used on black ice, snow or frost. But which tires are legally considered winter tires – and what are the penalties for violations?
1. What does winter tire requirement mean?
Table of Contents
- 1. What does winter tire requirement mean?
- 2. All-season tires: Which tires are legally considered winter tires?
- 3. How much tread do winter tires have to have?
- 4. How do winter tires stay safe and perform well?
- 5. When do you need new winter tires?
- 6. What are the penalties for not having winter tires?
- 7. How does a winter tire violation affect insurance?
The winter tire requirement often leads to uncertainty as it is set out in Section 2 Paragraph 3a of the Road Traffic Act. According to this regulation, vehicles may only drive on black ice, slush or frost with suitable tires. That’s why it’s a situational obligation: There is no set period during which winter tires are required. Drivers must therefore always change their tires when the road conditions require it.
Also read: Are all-season tires still allowed? – This is what drivers need to know in 2025 (by Matthias Kemter)
The widespread “O-to-O rule” (October to Easter) only serves as a rule of thumb. It is not legally binding but provides useful guidance as winter conditions can be expected during this period.
Vehicles that are equipped with winter or all-season tires with the Alpine symbol on all four wheels are considered suitable. There are only exceptions for certain special vehicles, such as emergency vehicles, but not for regular car traffic. The regulation also applies to all vehicles that are on the road in Germany – including those with foreign registration. Anyone who drives in Germany with summer tires from abroad and is checked in winter road conditions must also expect a fine.
Also read: When do winter tires start? (by Lukas Böhl)
In areas with a lot of snow or when driving in the mountains, it may be necessary to use snow chains. The ACV recommends choosing the chains according to the tire size and practicing putting them on in advance so that installation can be carried out quickly and safely if necessary.
2. All-season tires: Which tires are legally considered winter tires?
From October 1, 2024, only winter tires with the Alpine symbol (3PMSF) will be permitted. The transition period for M+S tires manufactured before January 1, 2018 will then have expired.
All-season tires are also permitted if they bear the Alpine symbol. These tires eliminate the need for seasonal change, but offer less grip and longer braking distances on snow and ice. They are practical in mild regions, while classic winter tires remain the safer option in snowy areas.
3. How much tread do winter tires have to have?
A legal minimum tread depth of 1.6 millimeters is required. If this value is not met, there is a risk of fines, points in Flensburg and a significantly increased risk of accidents. The ACV recommends installing new winter tires with a tread depth of just 4 millimeters. The tread depth has a significant influence on braking performance: at a speed of 50 km/h, the braking distance on snow with a 1.6 millimeter tread length increases to around 38 meters, while new tires with an 8 millimeter tread only require around 26 meters.
4. How do winter tires stay safe and perform well?
In addition to the tread and age of the winter tires, other factors play a role in their safety. A key aspect is the air pressure, which automatically drops at low temperatures. Too little pressure reduces grip, increases braking distances and increases fuel consumption. That’s why it’s important to check the air pressure regularly. The manufacturer’s information can be found in the tank cap, in the operating instructions or on a sticker in the door frame.
The ACV recommends changing tires between the front and rear axles every 10,000 kilometers to ensure even wear. This means that the performance of the tires is maintained for longer.
Electric cars require special attention due to their greater weight. Although special winter tires are not required, the ACV recommends tires with a higher load index. Tires with low rolling resistance can also increase the range of vehicles.
5. When do you need new winter tires?
The age of the winter tires is also crucial: They should be replaced after six to eight years at the latest, as the rubber mixture hardens and loses elasticity, even if the tread is still sufficient.
The DOT number on the tire sidewall provides orientation: The last four digits show the production week and year, for example “2218” for the 22nd week of 2018. When buying new tires, it is advisable to consult current winter tire tests in order to find safe and attractively priced models.
6. What are the penalties for not having winter tires?
Anyone who drives with summer tires in winter conditions risks fines and a point on the driving fitness register. All-weather and winter tires are easy to identify thanks to their labeling.
Important: Simply installing winter tires is not enough if the legal minimum tread depth is not adhered to. This will also be checked by the police.
If the tires are incorrect in winter, fines of between 60 and 120 euros and one point in Flensburg can be imposed, depending on the severity of the violation.
- 60 EUR for driving with summer tires
- 80 EUR in case of disability
- 100 EUR in case of danger and
- 120 EUR in the event of an accident
If the tread depth is too low, 75 EUR and one point will be charged. There is no provision for a driving ban under any circumstances.
7. How does a winter tire violation affect insurance?
Violating the winter tire requirement can not only result in fines, but also consequences for insurance coverage:
- Comprehensive insurance: Benefits may be reduced or denied if an accident was caused by summer tires.
- Liability insurance: Even if you are not at fault, there is a risk of joint liability because summer tires represent an increased operational risk. In practice this is often around 20 percent.
- Presumption of guilt: Anyone who drives with summer tires in winter is generally considered to be partly to blame. Only if the accident would have been unavoidable even with winter tires does this assumption no longer apply.
In such cases, insurance companies often check for gross negligence. If this is accepted, the scope of services can be significantly reduced or eliminated completely.
