Consumers are deceived
Confusion about Air Deflectors – Consumers Are Being Deceived
"Enough is enough!" This statement is at the center of the current debate regarding side-mounted air deflectors, also known as wind deflectors, and their approval regulations. Consumers are being misled by misleading information, as it is claimed that these devices do not require a General Operating Permit (ABE). However, this is not correct.
Experts point out that installing wind deflectors without the appropriate ABE can have legal consequences for vehicle owners. Therefore, it is essential that consumers thoroughly inform themselves before purchasing or installing such devices and ensure they comply with the applicable regulations.
It is of utmost importance that manufacturers and dealers provide clear and transparent information to prevent consumer deception. Road safety must always come first, and this includes the proper approval of vehicle parts like wind deflectors.
Authorities are called upon to take stronger action against violations and to better protect consumers. Clear communication and stricter controls are necessary to prevent further deception and to ensure safety on the roads.
The current situation requires consistent consumer education. Relevant authorities should intensify their efforts to inform about the legal requirements for air deflectors and raise awareness among vehicle owners and dealers. Special attention should be paid to the risks associated with improper use of these products.
Furthermore, consumers are advised to turn to reputable specialist dealers and to inquire about the necessary approvals before purchasing. Working with trusted dealers and professionals can help vehicle owners ensure that the products they buy comply with legal standards.
At the same time, responsible authorities should increase inspections and take action against dealers selling products without ABE or spreading false information. Stricter measures are necessary to ensure the safety of all road users.
In conclusion, clear communication between manufacturers, dealers, and consumers is crucial to avoid misunderstandings and to build trust. It is the responsibility of all parties involved to ensure the safe and legal use of air deflectors.
According to the regulation § 5a UWG, it is considered unfair if someone influences consumers' decision-making ability as defined in § 3 Abs. 2 by withholding information that is essential in the specific case, considering all circumstances including communication limitations.
If goods are offered with reference to their features and prices in a way that a consumer can conclude a purchase, then the fact that additional costs may arise after purchase is an essential piece of information under § 5a Abs. 2 UWG.
According to a letter from the Federal Motor Transport Authority (Kraftfahrt-Bundesamt) dated September 30, 2004, installing wind deflectors without an general operating permit (ABE) results in the loss of the vehicle's operating license if the vehicle is driven on public roads with such a device (see § 19 StVZO). Obtaining an ABE for vehicles according to § 22 StVZO involves costs ranging from €80 to €250 for individual approval. Some sales offers do not include information about additional costs for obtaining an ABE via individual approval, nor do they mention that using wind deflectors without an ABE can invalidate the vehicle's operating license.
Federal Motor Transport Authority (Kraftfahrt-Bundesamt):
Parts such as manufactured rain and wind deflectors should only be introduced into traffic if suitable manufacturing oversight ensures that the properties established during type approval or component testing are maintained throughout production. Apparently, parts without type approval or component testing are being offered, even if they are accompanied by a certification from a technical service claiming that retrofitting these parts does not pose a risk to road users and that the provisions of § 19 Abs. 2 StVZO do not apply.
Such a certification is not permissible as part of vehicle assessment under § 19 Abs. 2 StVZO.
Date: 30.09.2004, KBA Flensburg
