Decree of the Ministry of Finance of the Slovak Socialist Republic No. 124 / 1974 Coll.
Decree of the Ministry of Finance of the Slovak Socialist Republic determining the scope and conditions of statutory liability insurance for damage caused by the operation of motor vehicles operated by the Slovak State Insurance Corporation
Valid
Effective from 01.01.1975
124
DECLARATION
Ministry of Finance of the Slovak Socialist Republic
of 13 December 1974
determining the scope and conditions of statutory liability insurance for damage caused by the operation of motor vehicles operated by the Slovak State Insurance Corporation
The Ministry of Finance of the Slovak Socialist Republic, in agreement with the participating ministries and other central authorities of the state administration, provides, pursuant to § 16 (1) (c) of the Government Decree No. 54 / 1953 Coll., on road traffic, as amended by the legal measure of the Bureau of the National Assembly No. 13 / 1956 Coll.:
Scope and terms of insurance
(1) The statutory liability insurance for damage caused by the operation of motor vehicles (hereinafter referred to as "statutory insurance") operated by the Slovak State Insurance Corporation (hereinafter referred to as "insurance undertaking") applies, save as otherwise provided, to the operators and drivers of motor vehicles,
(a) which are in the register of motor vehicles in the Slovak Socialist Republic, and are motor vehicles for which the registration plate is not allocated, whose owners (managers) are resident in the Slovak Socialist Republic, regardless of where those vehicles have permanent posts in the Czechoslovak Socialist Republic (hereinafter referred to as "domestic motor vehicles") and concern their liability for damage caused by:
1. in the Czechoslovak Socialist Republic,
2. in other European States, Morocco and Tunisia, at a time when special premiums are paid (Section 16 (5));
(b) which have permanent posts abroad (hereinafter referred to as "foreign motor vehicles") if they enter the territory of the Czechoslovak Socialist Republic in a place which is in the Slovak Socialist Republic and relate to their liability for damage caused in the Czechoslovak Socialist Republic at the time to which insurance is paid (§ 21).
(2) Legal insurance does not apply to:
(a) operators and drivers of foreign motor vehicles which are in the territory of the Czechoslovak Socialist Republic on the basis of international agreements governing the compensation of damage caused by such vehicles;
(b) operators and drivers of foreign motor vehicles whose liability is insured with a foreign insurance company, and within the meaning of agreements involving insurance undertakings in the Czechoslovak Socialist Republic, the insurance undertaking shall be authorised to charge the foreign insurance company and to the extent provided for in this decree to compensate for damage caused by the operation of a foreign motor vehicle in the Czechoslovak Socialist Republic as well as for the operator or driver of domestic motor vehicles.
(3) For the purposes of this Decree, the operator of a motor vehicle shall also be considered to use motor vehicles without the knowledge or opposition of the operator, as well as the operator of the undertaking in which the motor vehicle is repaired.
(4) The statutory insurance referred to in paragraph 1 (a) (2) shall be demonstrated by an international car insurance card or other document issued by the insurance undertaking, unless the demonstration otherwise provides for specific agreements involving insurance undertakings in the Czechoslovak Socialist Republic.
(5) The proof of liability insurance for a foreign insurance undertaking (paragraph 2 (b)) is an international car insurance card or other document issued by a foreign insurance company. Evidence is not required if it is the operator and driver of foreign motor vehicles covered by specific agreements under which the insurance undertaking does not require the submission of an insurance document.
(1) For the purposes of this Decree, a motor vehicle means, with the exception of rolling and overhead vehicles, a self-propelled vehicle as well as another vehicle for which a vehicle registration, a vehicle technical certificate or equivalent licence is issued for such vehicles abroad.
(2) A combination consisting of a motor vehicle and a motor or non-motor vehicle, a work machine or a tool shall be considered as a single motor vehicle.
(1) An operator and a driver of a motor vehicle covered by statutory insurance (hereinafter referred to as the "insured") has the right to have the insurance undertaking make up for the damage caused by the operation of the motor vehicle to another person's health or death, as well as damage, destruction, loss or theft of the item, but only where the insured person is legally liable for such damage and unless otherwise specified.
(2) The fact that the damage was caused is an insurance event.
For damage caused to the citizen on jewels and other valuables, as well as matters of artistic, historical or collectors' value, the insurance undertaking shall be obliged to provide a performance of not more than 5000 CZK for one item (collection) and for damage to money not more than 2000 CZK.
The insurance undertaking is obliged to reimburse the insured costs in connection with the insurance event
(a) defence in preparatory proceedings and before a court of first instance in criminal proceedings against an insured person; the costs of the defence before the Court of Appeal shall be reimbursed only if it has undertaken to pay them;
(b) civil proceedings for compensation where such proceedings were necessary to establish the liability of the insured or the amount of the insurance undertaking; However, the costs of the legal representation of the insured must be reimbursed only if he has undertaken to pay them;
(c) out-of-court examination of the claims of the injured party if he has undertaken to pay them.
The insurance company shall not pay any damages:
(a) where the insured person is responsible for his spouse or relatives in a direct line or persons living with him in the same household; 1)
(b) on a motor vehicle the operation of which has caused damage, or on items carried by that motor vehicle; However, if the damage was caused on matters which had been carried by the persons transported, with the exception of those referred to in point (a), at the time of the insurance claim, on their own or on their own, the insurance undertaking shall be obliged to compensate for the damage;
(c) which the insured person has undertaken to pay in excess of that provided for in the legislation;
(d) resulting from motor racing and competitions or from preparatory trips to or from motor racing and competing participants.
(1) Legal insurance does not apply
(a) the claims of persons who are resident abroad if the damage was caused to them by the operation of the foreign motor vehicle by which they were carried;
(b) claims by the Czechoslovak State or by the Czechoslovak authorities and organisations for the reimbursement of medical costs, sickness insurance benefits and pension benefits provided for damages
1. referred to in (a),
2. caused by the operation of a motor vehicle, unless the person responsible for the damage caused has been identified (§ 9),
3. caused by the insured person;
(c) responsible for damage caused by the working activity of a motor vehicle as a work machine, except for damage caused by its driving.
(2) Paragraph 1 (b) also applies to claims by other States or foreign legal persons who have paid those costs or provided such or similar benefits.
(1) Reimbursement shall be paid by the insurance undertaking to the injured party; the injured party does not, however, have the right to benefit against the insurance undertaking, except in the case referred to in Section 9. If the insured does not agree to be fulfilled by the injured party, the insurance undertaking shall deposit the performance in notarial custody.
(2) If the insurance undertaking is to pay compensation to the injured party who has also acquired the right of performance from the contractual insurance of a case destroyed, damaged or stolen at the same insurance event, the obligation of the insurance undertaking to reimburse the insured person for the damage to that case shall be fulfilled up to the amount of the performance from the contractual insurance on the date of his payment.
(1) Where the person responsible for the damage caused by the operation of a motor vehicle in the territory of the Slovak Socialist Republic has not been identified, the injured party shall have the right, directly to the insurance undertaking, to make good such damage, unless otherwise specified further, to the extent that he would have replaced it if that person had been known. In case of damage to a motor vehicle, the insurance undertaking is obliged to pay only part of the compensation in excess of 1000 CZK, and in case of damage to other items, the part in excess of 500 CZK.
(2) The exercise of the right referred to in paragraph 1 shall be subject to the fact that the public security authorities identified the accident immediately after its creation or have been notified to them without undue delay.
(3) The right referred to in paragraph 1 shall lapse if it is not damaged by an insurance undertaking within one year of the insurance claim.
The insurance undertaking shall comply with the obligation to carry out the investigation necessary to establish its obligation to comply, at the latest, but not later than 15 days after it has been agreed, with its consent or with its additional approval, with the amount of compensation damaged.
(1) The insured person shall be obliged to provide the insurance undertaking with the assistance required to establish the cause and amount of the damage, in particular to notify the insurance undertaking in writing, no later than 15 days after the insurance event, that the damage has occurred and to give a true explanation of its occurrence and extent; he is also obliged to submit within the agreed period the documents requested by the insurance undertaking.
(2) The insured person shall inform the insurance undertaking in writing without undue delay that:
(a) the injured party has claimed a claim against him for compensation and has made observations on the refund sought;
(b) criminal proceedings have been initiated in the context of an insurance claim or where the injured party claims compensation before the competent authority to decide on the claim.
(1) The insurance undertaking has the right to reimburse the sums paid by it due to damage caused by the operation of a motor vehicle against the insured person who:
(a) cause damage intentionally or in a state where his ability to drive a motor vehicle has been reduced after ingestion of an alcoholic beverage or a narcotic agent;
(b) cause damage to the operation of a motor vehicle which, according to a final judgment in criminal proceedings, has been unduly used by the court;
(c) drive a motor vehicle without prescribed driving authorisation;
(d) cause damage to a motor vehicle which he used to operate on the road, although he was not allowed to do so under the applicable regulations;
(e) entrusted the driving of a motor vehicle to a person who did not have a prescribed driving licence or to a person who knew that his ability to drive a motor vehicle was reduced after ingestion of an alcoholic beverage or a narcotic drug.
(2) If the insurance undertaking has infringed the obligation imposed on the public safety authorities to report an accident, (2) which is an insurance event, the insurance undertaking has the right to compensation up to half the amounts it has paid because of the damage caused by the operation of the motor vehicle. The same right shall apply to an insurance undertaking against an insured person who, without serious reasons, infringes the obligation referred to in Article 11 (1).
(3) Where the fact referred to in paragraph 1 has been established under (a), (c) to (e) or (2) in the performance of or directly related to the tasks of the organisation, the insurance undertaking shall be entitled to compensation against the organisation.
(4) The insurance undertaking shall be entitled to reimbursement of 20% of the amounts it has paid on account of the insurance claim at the time of the insurance claim, but not more than 6000 CZK.
(5) The amount of the compensation to which the insurance undertaking is entitled under paragraphs 1 to 4 may not exceed the sum of the amounts paid by the insurance undertaking on account of an insurance claim.
(1) If the insurance undertaking has compensated for the insured damage, it shall be subject to the right of the insured to compensation for the damage which it has incurred in connection with its liability for the damage to another.
(2) If the insured person has the right to have the sum paid or the pension reduced or to cease payment, the insured person shall be entitled to the insurance undertaking if he has paid or paid the pension for the insured.
(3) The insurance undertaking shall also be subject to the right of the insured to pay the costs of the damages which the insured person has been awarded against the opponent if the insurance undertaking has paid them for the insured.
Insurance and special premiums for domestic motor vehicles
(1) For domestic motor vehicles there is an obligation to pay the insurance by assigning the registration number and it lasts until the vehicle is assigned. For motor vehicles for which the registration plate is not assigned (hereinafter referred to as "motor vehicle without the registration plate '), the obligation to pay the insurance date of the acquisition of the vehicle shall arise and shall continue until the vehicle is terminated.
(2) When travelling by motor vehicle to European States, Morocco and Tunisia, special premiums shall be paid in the calendar year in which the journey began; If this obligation has been fulfilled, it shall no longer arise on subsequent journeys in the same calendar year.
(1) The obligation to pay the premium has been laid down by the holder on 1 January. If it is a motor vehicle for which a vehicle registration is not issued, it is required to pay insurance premiums for the owner of the vehicle on 1 January (under management).
(2) For motor vehicles put into service for the first time, the obligation to pay the premium is to the person who is registered as holder on the first assignment of the registration plate and, if it is a motor vehicle without a registration plate, the person who has acquired the vehicle.
(3) If a motor vehicle is transferred from a socialist organisation to another, it is obliged to pay the insurance date of ownership of the motor vehicle.
(4) The obligation to pay special premiums has to pay premiums.
(1) The premium shall be paid at the same time for the whole calendar year and payable no later than the end of February of that year.
(2) If, by the end of February of the calendar year, there is a change in the person registered by the holder of the motor vehicle or a change in the person who owns the motor vehicle without the registration plate (in administration), the premium shall be payable for the whole calendar year at the latest on the registration of the change of the holder of that vehicle or on the acceptance of the vehicle without the registration plate.
(3) Where an obligation to pay insurance premiums occurs during a calendar year, the proportional part of the premium shall be valid for the period from the first day of the month in which the obligation arose until the end of the calendar year. This premium is due on the date of acquisition of the motor vehicle; shall be rounded down to the whole crown and shall be at least 10 CZK.
(4) If the motor vehicle is not transferred from a socialist organisation to another, the new holder shall be obliged to pay the premium for the whole calendar year when the registered motor vehicle holder is changed, unless it is demonstrated that the premium has been paid by the previous holder; The same applies if there is a change in the person who owns a motor vehicle without a registration plate.
(5) Special premium shall be paid at the same time for the whole calendar year and shall be payable no later than the first exit of the motor vehicle from the Czechoslovak Socialist Republic in the calendar year, unless it has already been paid with the insurance; if the journey is to end only in the following year, special premiums shall be due for the following year before it begins.
(1) The person who is obliged to pay the premium shall be obliged to calculate it himself, without asking to pay in due time with a postal order and indicate the registration number of the motor vehicle; If there is a motor vehicle without a registration plate, it shall indicate the engine number.
(2) The premium shall be paid on behalf of the branch of the insurance undertaking in whose territory the motor vehicle is registered and if it is a motor vehicle without a registration number, in whose territory the owner's (manager's) permanent residence (seat) is located.
(1) Payment of insurance premiums for motor vehicles in the management of budgetary organisations.3)
(2) Other socialist organisations shall pay the premium for a calendar year for motor vehicles owned (under management), according to the status on 1 January of that year by transferring from their account a aggregate amount, specifying their specification. The insurance undertaking shall be entitled to verify in the organisation the accuracy of the calculation of the premiums.
(3) If the Socialist organisation becomes owned (in administration) after 1 January of the calendar year, the motor vehicle (in-vehicle) is obliged to pay the premium under Paragraph 16 (3), unless it was owned (in administration) by the motor vehicle on 1 January of that year.
Insurance against motor vehicles with special registration plate
The obligation to pay the premium shall also lie with those who have been assigned a special registration number, unless that mark has been assigned only for the transport of a previously unregistered motor vehicle to the holder. The insurance premiums shall be paid according to the number of national registration plates assigned, the type of motor vehicles for which they were issued and the period for which they were allocated; is due on the first day of that period. If special registration plates are assigned for an indefinite period, premiums shall be paid as for other motor vehicles.
If the premium or special premium has not been paid on time, it shall be increased by 20% of the annual premium rate for each month of delay, but by at least 10 CZK, and rounded down to the whole crown.
Insurance against foreign motor vehicles
(1) The obligation to pay insurance against a foreign motor vehicle not covered by the provisions of Paragraph 1 (2) arises on the date of its entry into the territory of the Czechoslovak Socialist Republic. The insurance shall be valid for the entire period of his stay and shall be due on the date of his entry; they are collected by the border customs office and carried to the account of the branch of the insurance company in whose territory the foreign motor vehicle entered the territory of the Czechoslovak Socialist Republic.
(2) If the stay of a foreign motor vehicle is extended in the Czechoslovak Socialist Republic over the period for which the insurance was paid or over the period of insurance with a foreign insurance company [Paragraph 1 (2) (b)], an obligation to pay the premium for the duration of the extension shall arise on the first day of the extended period. The premium shall be payable on its first day and shall be paid on behalf of the branch of the insurance undertaking referred to in paragraph 1.
(3) If the insurance has not been paid in accordance with paragraphs 1 and 2, the border customs office shall select them on the exit of a foreign motor vehicle from the territory of the Czechoslovak Socialist Republic and take them to the account of the branch of the insurance company referred to in paragraph 1.
(4) Payment of insurance premiums under the preceding paragraphs shall be subject to the obligation to who, when entering or leaving, has a foreign motor vehicle in actual power.
Paid premiums and special premiums are not refunded.
Rates of premiums
The amount of the premium shall be set at the following rates:
| A. Tuzemská motorová vozidla | Roční pojistné Kčs |
| 1. Jednostopé motorové vozidlo a motorová tříkolka se zdvihovým objemem válců | |
| a) do 50 cm3 | 12 |
| b) nad 50 cm3 do 100 cm3 | 24 |
| c) nad 100 cm3 | 48 |
| 2. Osobní automobil do 9 sedadel včetně řidiče se zdvihovým objemem válců | |
| a) do 500 cm3 | 60 |
| b) nad 500 cm3 | 144 |
| 3. Dodávkový, sanitní a pohřební automobil | 144 |
| 4 Osobní a dodávkové autotaxi nebo osobní automobil půjčovny motorových vozidel určený k půjčování | 216 |
| 5. Nákladní automobil a) o nosnosti do 1000 kg b) o nosnosti nad 1000 kg | 216 300 |
| 6. Tahač, samojízdný pracovní stroj se státní poznávací značkou, speciální motorové vozidlo | 300 |
| 7. Traktor, samojízdný pracovní stroj bez státní poznávací značky | 54 |
| 8. Motorový dopravní vozík (akumulátorový vozík, fréza apod.) | 24 |
| 9. Autobus nebo jiné motorové vozidlo s počtem sedadel větším než 9 a) do 25 sedadel včetně řidiče | 360 |
| b) nad 25 sedadel | 600 |
| 10. Motorové vozidlo se zvláštní státní poznávací značkou | Sazby uvedené v bodech 1 až 9 podle druhu motorového vozidla, pro které byla zvláštní státní poznávací značka přidělena |
| Kčs | |
| B. Zvláštní pojistné bez ohledu na druh motorového vozidla a délku jeho pobytu v cizině v jednom kalendářním roce | 20 |
| C. Cizozemská motorová vozidla za pobytu na území Československé socialistické republiky | Měsíční pojistné za každý i /započatý měsíc pobytu Kčs |
| 1. Jednostopé motorové vozidlo a motorová tříkolka | 50 |
| 2. Osobní automobil do 9 sedadel včetně řidiče | 250 |
| 3. Autobus nebo jiné motorové vozidlo s počtem sedadel větším než 9, nákladní automobil, tahač | 500 |
| D. Přívěsy a návěsy Pojistné je zahrnuto v sazbách pojistného uvedených v oddílech A až C | Měsíční pojistné za každý i započatý měsíc pobytu Kčs |
| Cizozemský přívěs tažený tuzemským motorovým vozidlem, pokud se na něj nevztahuje ustanovení § 1 odst. 2 | 250 |
Common provisions
(1) The driver of the motor vehicle shall carry with him a proof of payment of the last premiums due and submit it at the request of the inspection authority; This does not apply to drivers of motor vehicles of socialist organisations.
(2) Proof of payment of the premium is the postal ticket.
Authorities Public security shall be required for the registration of motor vehicles, for road traffic control, as well as for all other occasions to ascertain whether the insurance has been properly and timely paid. It shall notify the relevant branch of the insurance undertaking without delay of the defects detected.
The application of the right referred to in paragraphs 12 and 13 may be waived in part or in whole if there are grounds of special consideration. For the same reasons, the insurance undertaking may waive the recovery of the amounts of the increase in premiums and special premiums under Paragraph 20.
Unless otherwise provided for in this Decree, the relevant provisions of the Civil Code shall apply to them mutatis mutandis; In the case of insurance by socialist organisations, the provisions of the Civil Code apply to them to the extent laid down by the Economic Code.
Final and transitional provisions
The Decree of the Ministry of Finance No. 197 / 1964 Coll., laying down the scope and conditions of the statutory liability insurance for damage caused by the operation of motor vehicles, as amended by Decree No. 83 / 1970 Coll., is hereby repealed.
(1) The rate set out in Section 23 (A) (1) (a) applies to premiums from 1 April 1974.
(2) The amounts paid to the insurance undertaking in 1974 above the premium rate referred to in paragraph 1 shall be paid by any of its branches to any person who, by 1 April 1975 at the latest, provides proof of payment of the premium at the rate applicable before 1 April 1974.
This Decree shall take effect on 1 January 1975.
Deputy Minister:
Dr Prokop v. r.
1) § 115 of the Civil Code.
2) Paragraph 29 (3) of Decree No. 80 / 1966 Coll., on road traffic rules.
3) Guidelines of the Federal Ministry of Finance, the Ministry of Finance of the Czech Republic and the Ministry of Finance of the SSR on the financing of certain expenditure of budgetary and contribution organisations published in the Financial Rapporteur No 10 / 1972, No 101, registered in the amount of 7 / 1973 Coll. Directive of the Ministry of Finance of the SSR on the financing of certain expenditure of national committees and budgetary and contribution organisations managed by them, published in the Financial Rapporteur No 1 / 1974, No 8, as amended by the Directives published in the Financial Rapporteur No 9 / 1974, No 65.
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Regulation Information
| Citation | Decree of the Ministry of Finance of the Slovak Socialist Republic No. 124 / 1974 Coll., determining the scope and conditions of statutory liability insurance for damage caused by the operation of motor vehicles operated by the Slovak State Insurance Company |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.12.1974 |
|---|---|
| Effective from | 01.01.1975 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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