2023 Author: Eric Donovan | [email protected]. Last modified: 2023-05-21 15:44
Disposing of an old car by giving it away is inconsistent and, under certain circumstances, a criminal offense. At least when it can be found on the side of the road.
Anyone who, as a keeper, gives away their vehicle to a third party so that they can cannibalize the vehicle must ensure that the customer dismantles or dispose of the vehicle properly. Otherwise he is generally liable to prosecution for environmentally hazardous waste disposal. This has now been made clear by the higher regional court in Celle. In the specific case, a woman was accused of offering a no longer roadworthy vehicle for cannibalizing in an advertising paper and later giving it away to a buyer who remained unknown. The vehicle was found a few days later in Hanover, where it was parked in the public street without a license plate.
Holder obligations
In the opinion of the public prosecutor's office, the conduct of the accused as negligent, environmentally hazardous waste disposal is punishable under the Criminal Code. The vehicle still contained environmentally harmful operating fluids and the defendant did not take care of proper disposal by the customer. In the appellate instance, the Higher Regional Court of Celle has now made it clear that every vehicle owner is obliged to only hand over his end-of-life vehicle to a recognized collection point, a recognized collection point or a recognized dismantling company. According to ARAG, a violation of this is punishable as environmentally hazardous waste disposal (Az.:32 Ss 113/09)
