If the Federal Office for Logistics and Mobility (BALM) (formerly the Federal Office for Freight Transport, BAG) has detained your truck and is demanding a deposit, but you wish to release the vehicle without paying this deposit, there are several steps you can take:
- Legal Review of the Deposit Requirement Check whether BALM’s demand for the deposit is lawful. Deposits are required in specific cases, such as traffic violations, late payment of road tolls, or suspicion of administrative offenses.
- Filing an Objection You have the right to file an objection to the deposit requirement. This should be done in writing and as promptly as possible. In your objection, explain why you believe the deposit is unjustified.
- Providing Evidence If BALM is demanding a deposit due to missing documentation (e.g., failure to prove toll payment or incomplete vehicle documents), promptly provide the missing documents. This could help avoid the need to pay the deposit.
- Negotiation or Request for Payment Deferral In some cases, it may be possible to negotiate with the authorities and request installment payments or a deferral of the deposit. If the vehicle is essential for the continued operation of the business, this can serve as an argument for its quick release.
- Paying the Deposit with Subsequent Appeal If no other options are available, you can temporarily pay the deposit to release the vehicle and then appeal for a refund by proving the deposit requirement was unlawful.
- Consulting a Lawyer If the situation is complex or urgent, it is advisable to consult a lawyer specializing in transport law. They can handle communication with BALM and initiate legal steps to challenge the demand.
If further questions arise regarding the deposit, we can provide more specific recommendations.
