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Driving with summer tyres in winter - what are the penalties?

Sommerreifen im Winter
Sommerreifen im Winter ©Bigstockphoto.com // Dusan Petkovic // ID 309122686
Table of contents: Driving with summer tyres in winter - what are the penalties?

October again and it's time to change your tyres? But there's no snow yet and it's not really cold either. Quite a few people are asking themselves: Can you drive on summer tyres in winter? In our guide, we explain whether and when winter tyres have to be fitted, whether all-weather tyres are an alternative to the annoying task of changing tyres and what fines you could face if you don't comply.

Summer tyres in winter - Is that allowed?

Every year in October, millions of Germans change their tyres and convert their vehicle to winter tyres. This is because the "From O to O" rule states that it is best to prepare for winter conditions in October and switch back to warmer temperatures at Easter. What few people know: There is no general winter tyre requirement in Germany. This means that summer tyres can theoretically be used all year round.

Theoretically This is because the legislator does not make it so easy for drivers after all. Instead of a general winter tyre requirement, a so-called "situational winter tyre requirement" applies. This means that winter tyres are mandatory when winter weather conditions prevail - i.e. snow, black ice, sub-zero temperatures and the like. This means that you can also drive with summer tyres in winter if the weather permits. However, you are on the safe side if you stick to the "from O to O" rule. After all, you certainly don't want to change your tyres in a hurry if winter suddenly sets in.

In brief

  • In Germany, winter tyres are mandatory in certain situations.
  • For you, this means that you must drive with winter tyres or all-season or all-weather tyres in winter conditions.
  • If you fail to do so, you may be fined and, in the event of a road accident, your insurance company may significantly reduce your benefits - even for you as the injured party.

Why winter tyres are better in winter

Even if winter tyres are not generally mandatory, the tyres have advantages. This is because they are adapted to winter conditions and offer significantly more safety than summer tyres. The fundamental difference between winter and summer tyres is the Tyre tread and the Rubber compound. While summer tyres are harder to withstand the high temperatures in summer, winter tyres have a softer rubber composition with a higher proportion of natural rubber. This ensures that the tyres remain soft and flexible even at lower temperatures and sub-zero temperatures. Added to this is the special tread pattern of winter tyres, which has many small sipes that grip better in snow or black ice.

These properties of winter tyres ensure better grip on the road in cold temperatures and wintry conditions, improve stability when driving and significantly shorten the braking distance on slippery roads or in snow. This is why you should only drive with suitable tyres in winter.

Alternative all-weather or all-season tyres

In winter you have the choice between classic winter tyres and All-season or all-weather tyres. You can recognise suitable tyres by the "Alpine symbol" (snowflake + mountain). They are suitable for winter conditions and should be replaced with summer tyres in spring. All-season or all-weather tyres are an alternative. They can be driven all year round and in all road conditions, as they combine the properties of summer and winter tyres. They are also only permitted if they bear the "Alpine symbol" (snowflake + mountain).

Our tipTyre choice is crucial to ensure your safety on the road. All-season or all-weather tyres sound tempting, as you only need one set of tyres for the whole year. However, please note that using these tyres causes more wear and tear and you can expect higher fuel consumption. They are also not necessarily suitable for heavy snowfall and alpine conditions.

Important

Tyres with the "M+S" ("mud and snow") marking without the Alpine symbol applies only suitable for winter use until 30 September 2024!

From October 2024, your tyres must have the "Alpine symbol" (snowflakes + mountain). Otherwise you could be fined. This applies to winter tyres and all-weather/all-season tyres.

"Alpine-Symbol" für wintertaugliche Reifen (Berg und Schneeflocke)
The "Alpine symbol" must be visible on the tyres for them to be considered suitable for winter use.

NoteThe tread of the tyres must have a minimum depth of 1.6 millimetres. However, a minimum tread depth of 4 millimetres is recommended. You should also change your tyres every six years, as the rubber can become hard or brittle. This can lead to poor grip, especially in winter.

Changing tyres - when is the right time?

Many drivers are familiar with the "O to O" rule of thumb for remembering when to change tyres. This means that Summer tyres between Easter and October and Winter tyres between October and Easter should be used. But be careful, this rule of thumb is by no means legally binding. As there is no general winter tyre obligation, there is of course no prescribed period for changing tyres. Due to the situational winter tyre obligation, the use of winter tyres is not tied to a specific date, but is largely determined by the weather conditions. If winter road conditions with slippery roads and slush are imminent, you should drive with winter tyres. The situational winter tyre requirement is only fulfilled if all wheels of the vehicle are fitted with winter tyres or all-season or all-weather tyres (with the "Alpine symbol").

This also means that the rule of thumb "from O to O" does not necessarily have to be adhered to. However, October is a good time to switch to winter tyres. Temperatures drop significantly, the first snowfalls are possible depending on the region and the time of the first frost is approaching. In spring, you should make the switch depending on the weather conditions and not be tempted by an early Easter. This is because low temperatures, frost, snow and icy conditions are still possible in March and April. So it's best to check the weather report and forecast and decide when to change your tyres depending on the conditions. Summer tyres in winter without snow are therefore possible without penalty, but not advisable.

What are the fines for driving with summer tyres in winter?

Since in Germany the Situational winter tyre requirement According to the German Road Traffic Regulations (StVO), drivers must drive on winter tyres that meet the requirements of Section 36 (4) of the Road Traffic Licensing Regulations (StVZO) in the event of "black ice, slippery snow, slush, ice or frost". This means that you must use tyres with the Alpine symbol in winter road conditions. Summer tyres in sub-zero temperatures, snow and ice can therefore lead to a fine.

Important

If you drive in snowy, slippery, slushy or icy conditions with tyres that are not suitable for winter conditions, you could be fined.

Summer tyres in winter penalty:

  • Summer tyres in winter conditions: 60 Euro + 1 point
  • with obstruction of road users: 80 Euro + 1 point
  • with danger to road users: 100 Euro + 1 point
     

TipThese regulations only apply to driving on the road! You may park with summer tyres even in the depths of winter.

Does the insurance pay in the event of an accident with summer tyres in winter?

Driving with summer tyres in winter can be dangerous - not only for you, but also for other road users. This is because summer tyres that are not suitable for winter conditions have less grip in snow and lead to a longer braking distance. If you are driving with these tyres in snow, slippery ice, slush, etc., you are usually acting with gross negligence. This can lead to problems with accident settlement by your insurance company.

If an accident occurs due to incorrect tyres in winter road conditions, this can lead to considerable reductions in benefits from the comprehensive insurance. The insurance company considers this to be gross negligence. A road user acts with gross negligence if he or she violates traffic regulations to an exceptional degree and neglects obvious considerations - for example, that summer tyres are not a good idea in snow or icy conditions.

Incorrect tyres also have negative consequences for liability insurance. This is because insurance companies make the same accusation against drivers and decide that they are jointly liable due to gross negligence. Anyone still driving on summer tyres in snow or black ice poses an increased risk to all other road users. And this even applies to accidents that are not actually their fault. Because if the accident could have been prevented with the correct tyres, drivers are generally also jointly liable.

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The right steps for fair claims settlement

Have you been involved in a traffic accident through no fault of your own, but were driving with summer tyres in winter conditions? Then it's best to report it quickly to fairforce.one. The safe procedure at a glance:

  • You report the accident to us risk-free and free of charge by telephone on 0800 30 111 60 or even faster online.
  • Our expert team will examine your case immediately and work with you to develop a customised course of action.
  • Your claim settlement is initiated and you no longer have to bother with paperwork.

The licensed specialists from the fairforce.one network take care of the tasks involved and deal with your claims for damages, competently and with the best possible assessment.

FAQ on summer tyres in winter

Driving with summer tyres in winter - penalty?

If you drive with the wrong tyres in winter conditions, you risk a fine of 60 euros and a point in Flensburg. If you obstruct or endanger other road users, the fine can rise to up to 100 euros.

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Is it permitted to drive with summer tyres in winter?

In principle, yes, because there is no general winter tyre requirement in Germany. However, there is a situational winter tyre requirement that prescribes winter tyres or suitable all-season tyres for winter conditions such as snow, slush, slippery tyres and icy roads.

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Can you drive with summer tyres at 5 degrees?

As long as there is no snow or icy conditions, summer tyres can also be used in winter, as winter tyres are compulsory in Germany depending on the situation and not generally. However, as summer tyres are not suitable for colder temperatures due to their composition, it is advisable to switch to winter tyres early on or to use suitable all-weather tyres.

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Am I insured if I drive with summer tyres in winter?

The insurance cover remains in place, as only a situational winter tyre obligation applies in Germany. However, in the event of an accident, the insurance company may accuse you of gross negligence, claim partial liability and reduce payments. It is therefore advisable to drive with suitable tyres in winter.

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 Is it forbidden to drive with summer tyres in winter?

 No. There is no general winter tyre requirement and therefore no ban on summer tyres in winter. However, due to the situational winter tyre obligation, summer tyres are prohibited in winter conditions such as snow and slippery roads and can lead to a fine and a point in Flensburg. 

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