Decree of the Ministry of Foreign Affairs No. 130 / 1976 Coll.
Decree of the Minister for Foreign Affairs on the Convention on the Law applicable to road accidents
Valid
Effective from 11.07.1976
130
DECLARATION
Minister for Foreign Affairs
of 23 August 1976
concerning the Convention on the Law applicable to road accidents
On 4 May 1971, the Convention on the Law applicable to road accidents was negotiated in The Hague at the XI meeting of the Hague Conference on Private International Law.
On behalf of the Czechoslovak Socialist Republic, the Convention was signed in The Hague on 6 February 1975.
The Convention was approved by the Federal Assembly of the Czechoslovak Socialist Republic and ratified by the President of the Republic. The instruments of ratification of the Czechoslovak Socialist Republic were deposited with the Ministry of Foreign Affairs of the Kingdom of the Netherlands, depositary of the Convention, on 12 May 1976.
The Convention entered into force for the Czechoslovak Socialist Republic on 11 July 1976 pursuant to Article 17 (2) thereof.
The Czech translation of the Convention is being announced simultaneously.
Minister:
Ing. Chupek v. r.
CONVENTION
on the law applicable to road accidents
Contracting States to this Convention
Desiring to lay down a common regulation on the law applicable to civil non-contractual liability for road accidents, they have decided to conclude a convention for that purpose and agree on the following provisions:
This Convention determines the law applicable to civil non-contractual liability for road accidents, regardless of the procedure for its application.
For the purposes of this Convention, an accident involving one or more vehicles, whether or not powered by an engine, related to transport on public roads, land accessible to the public or private land to which a person has the right to access shall be considered as an accident.
This Convention shall not apply:
1. under the responsibility of manufacturers, sellers or repairers of vehicles;
2. under the responsibility of the owner of the road or other person who is obliged to ensure the maintenance of the road or the safety of its users;
3. under the responsibility of third parties, except the responsibility of the owner and the vehicle operator;
4. to penalties between the responsible persons;
5. Penalty and transfer of rights relating to insurers;
6. actions and penalties relating to the social security and similar institutions or public car funds or against them, and any exclusion of liability provided for by the law governing such institutions.
The law applicable is the internal rules of the State in whose territory the accident occurred.
Unless otherwise provided for in Article 5, the following derogations shall be provided for in Article 3:
(a) Where only one vehicle is involved in an accident which is registered in a State other than that where the accident occurred, the internal rules of the State of registration for determining liability shall be applicable
- in relation to the driver, owner or other person entitled to the vehicle, irrespective of their residence,
- in relation to the person concerned, who is a passenger whose residence is in a State other than that in which the accident occurred,
- in relation to a disabled person who is outside the vehicle at the place of accident, if he is resident in the State of registration.
Where two or more persons are affected, the law applicable to each of them shall be determined separately.
(b) Where two or more vehicles are involved in an accident, the provisions of (a) shall apply only if all vehicles are registered in the same State.
(c) Where one or more persons present at the scene of an accident outside a vehicle or a vehicle participate in an accident, the provisions of (a) and (b) shall apply only if all such persons are resident in the State of registration.
The same applies even if these persons are also affected by an accident.
The law applicable pursuant to Articles 3 and 4 to liability in respect of a passenger shall also govern liability for damage to goods carried in a vehicle which is either belonging to or entrusted to the passenger.
The law applicable pursuant to Articles 3 and 4 to liability in respect of the owner of the vehicle shall be governed by liability for damage to goods carried in the vehicle other than those covered by the preceding paragraph.
Liability for damage to non-vehicles shall be governed by the internal law of the State in whose territory the accident occurred. However, liability for damage to personal effects belonging to a disabled person located outside a vehicle or vehicles shall be governed by the internal law of the State of registration if that right would be relevant to the liability of the injured person pursuant to Article 4.
If vehicles are not registered or are registered in several countries, the place of the law of the State of registration shall be the law of the State where they are normally based. The same applies if neither the owner nor the person holding or loading the vehicle nor the driver of the vehicle is resident in the State of registration at the time of the accident.
Notwithstanding the law applicable to the determination of liability, the rules on traffic management and safety in force at the place and at the time of the accident shall always be taken into account.
The applicable law shall determine in particular:
1. conditions and scope of liability;
2. reasons excluding liability, any limitation of liability and its division;
3. the creation and nature of the damage to be recovered;
4. the method and extent of compensation;
5. the possibility of transferring the right to compensation;
6. persons who have suffered damage and who are entitled to compensation;
7. Responsibility for the vehicle operator for his staff;
8. Limitation and termination of the right by the expiry of the period, including rules on counting the beginning, interruption or construction of the period.
The injured persons shall have the right to sue directly the insurer of the responsible person if they have the right under the law applicable under Article 3, 4 or 5.
If, pursuant to Article 4 or Article 5, the applicable legal order of the State of registration and the latter does not grant the right to direct action, that right shall nevertheless arise if it results from the internal rules of the State where the accident occurred.
If that right does not fall under any of those laws, it shall nevertheless arise where the law governing the insurance contract so provides.
The application of the law applicable under this Convention may only be refused where its application is manifestly contrary to public policy.
The application of Articles 1 to 10 of this Convention shall not be subject to reciprocity. The Convention shall also apply where the law applicable is the law of a State which is not a Contracting Party to this Convention.
Any territorial unit which forms part of a State which does not have a unified rule of law shall be considered a State for the purposes of Articles 2 to 11 if it has its own legislation as regards civil non-contractual liability from accidents.
A State which does not have uniform legislation shall not be obliged to apply this Convention to accidents occurring within its territory if they concern only vehicles registered in the territorial units of that State.
A State which does not have a uniform legislation may declare, when signing, ratifying or acceding to this Convention, that it applies to all its legislation or to only one or more of those rules and may at any later date amend its declaration by a new declaration.
This declaration must be communicated to the Ministry of Foreign Affairs of the Netherlands and must specify the legislation to which the Convention applies.
This Convention shall not affect other specific conventions concluded or concluded by the Contracting States for the purpose of adjusting civil non-contractual liability for such accidents.
This Convention may be signed by the States represented at the XI meeting of the Hague Conference on Private International Law.
The Convention will be ratified and instruments of ratification deposited with the Ministry of Foreign Affairs of the Netherlands.
This Convention shall enter into force on the 60th day following the deposit of the third instrument of ratification referred to in Article 16 (2).
The Convention shall enter into force for each Contracting State which ratifies it later on the 60th day following the deposit of the instrument of ratification.
Any State not represented at the XI meeting of the Hague Conference on Private International Law, which is a member of that Conference, or of the United Nations, or of its expert organisation or party to the Statute of the International Court of Justice, may accede to this Convention after its entry into force pursuant to Article 17 (1).
The Act of Access will be deposited with the Ministry of Foreign Affairs of the Netherlands.
The Convention shall enter into force for the acceding State on the 60th day following the deposit of the instrument of accession.
Accession is only effective in relations between the acceding State and the Contracting States which declare their agreement to the approach. This declaration shall be deposited with the Ministry of Foreign Affairs of the Netherlands, which shall send a certified copy by diplomatic means to each Contracting State.
The Convention shall enter into force between the acceding State and the State which has declared its acceptance of this approach on the 60th day following the deposit of the declaration of such consent.
Each State may, when signing, ratifying or accessing, declare that this Convention applies to all territories which it represents in international relations or to one or more of them. This Declaration shall become an effective date on which the Convention becomes effective for that State.
After this time, any extension in this respect must be notified to the Ministry of Foreign Affairs of the Netherlands.
The Convention shall enter into force on the 60th day following the notification referred to in the preceding paragraph for the territories concerned by the enlargement.
This Convention shall apply for five years from the date of entry into force referred to in Article 17 (1) also to States which have ratified or acceded to it.
The Convention will be resumed silently by five years if it is not terminated.
Termination may be restricted to certain territories to which the Convention applies.
The denunciation will only be effective for the state that announced it. The Convention shall remain in force for the other Contracting States.
The Ministry of Foreign Affairs of the Netherlands shall notify the States referred to in Article 16 and the States acceding to the Convention in accordance with the provisions of Article 18.
(a) signatures and ratifications pursuant to Article 16;
(b) the period during which this Convention enters into force pursuant to Article 17 (1);
(c) the approaches referred to in Article 18 and the time when they become effective;
(d) the declaration referred to in Articles 14 and 19;
(e) the denunciation referred to in Article 20 (3).
To prove this, the undersigned representatives duly authorised to sign this Convention.
Written in The Hague on 4 May 1971 in French and English, both of which have the same validity, in one copy to be deposited in the archives of the Government of the Netherlands and whose certified copy will be transmitted by diplomatic channels to each State represented at the XI. meeting of the Hague Conference on Private International Law.
Sign in for notes, favorites and notifications
Regulation Information
| Citation | Decree of the Minister for Foreign Affairs No. 130 / 1976 Coll., on the Convention on the Law applicable to road accidents |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 18.11.1976 |
|---|---|
| Effective from | 11.07.1976 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
Comments 0