Decree No. 197 / 1964 Coll.
Ordinance of the Ministry of Finance on the scope and conditions of statutory liability insurance for damage caused by the operation of motor vehicles
Valid
Effective from 01.01.1965
197
DECLARATION
Ministry of Finance
of 7 December 1964
determining the scope and conditions of statutory liability insurance for damage caused by the operation of motor vehicles
In agreement with the participating ministries, the Ministry of Finance provides in accordance with Section 16 (c) of Government Decree No. 54 / 1953 Coll., on road traffic:
(1) The statutory liability insurance for damage caused in the territory of the Czechoslovak Socialist Republic by the operation of motor vehicles applies, unless otherwise specified,
(a) operators and drivers of domestic motor vehicles;
(b) to operators and drivers of foreign motor vehicles.
The operator of a motor vehicle shall also be assessed for the purposes of this Decree by those who use motor vehicles without knowledge or against the will of the operator as well as by the operator of the undertaking in which the motor vehicle is repaired.
(2) The provisions of the preceding paragraph do not apply to those operators and drivers of foreign motor vehicles who, when entering the territory of the Czechoslovak Socialist Republic, prove *) that their liability is insured by a foreign insurance company and that, within the meaning of the special agreements involving the insurance companies of the Czechoslovak Socialist Republic, the Czech National Insurance Company is empowered to replace the damage caused by the operation of a motor vehicle during their stay in the Czechoslovak Socialist Republic in the same way as for the operator or driver of domestic motor vehicles, to the extent provided for by the Czechoslovak legislation on legal insurance. However, where the stay exceeds the period specified in the authorisation, the provisions of paragraph 1 shall apply from the first day of that extended period.
(3) For the purposes of this Regulation, motor vehicles shall mean, with the exception of rolling and overhead vehicles, any vehicle which may move by its own engine power, whether or not a technical vehicle licence or an equivalent licence required for motor vehicles abroad is issued for them; trailers and semi-trailers for such vehicles shall be considered as motor vehicles.
(4) The motor vehicle having the characteristics referred to in paragraph 3 shall be domestic or foreign depending on whether it has a permanent post in the Czechoslovak Socialist Republic or abroad.
(5) Legal insurance of domestic motor vehicle operators and drivers also covers insurance events occurring in other European territories and in the non-European territory of the Union of Soviet Socialist Republics and Turkey. However, this applies only for the period specified on the specific insurance certificate issued by the Czech State Insurance Agency (international car insurance card or other document).
(1) An operator and a driver of a motor vehicle (hereinafter referred to as "insured") has the right to make good any damage caused by the operation of a motor vehicle to another person's health or death, as well as damage, destruction, loss or theft, 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 citizens on jewellery and other valuables, as well as to matters of artistic, historical or collector's price, the insurance undertaking shall provide a performance of not more than 5000 Ccs per item (collection) and for damage to money not exceeding 2000 Ccs.
(1) The insurance undertaking is obliged to reimburse the defence before the Court of First Instance for the insured costs in criminal proceedings against the insured in connection with an insurance event; the costs of the defence before the Court of Appeal shall be reimbursed only if it has undertaken to pay them.
(2) The insurance undertaking is obliged to reimburse civil claims for the insured costs if it has undertaken to pay them or if such proceedings were necessary to establish the liability of the insured or the amount of the insurance undertaking's performance. The costs of out-of-court examination of the claims of the injured party shall be reimbursed by the insurance undertaking only if it has undertaken to pay them.
The insurance undertaking shall not be obliged to make good the damage:
(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;
(b) on a motor vehicle the operation of which has been caused as well as on items carried by that motor vehicle; However, if the damage was caused on matters which had been carried by the persons carried - except those referred to in point (a) - at the time of the insurance claim on or on their own, the insurance undertaking shall be obliged to replace it;
(c) caused by the working activity of a motor vehicle as a work machine.
(1) Insurance does not apply
1. the claims of persons residing abroad who have been injured by the operation of the foreign motor vehicle in which they were carried,
2. claims by the Czechoslovak State or by the Czechoslovak authorities and organisations for reimbursement of medical care costs, sickness insurance benefits and pension benefits provided for damages
(a) listed under No 1,
(b) caused by the operation of an undetected motor vehicle (Section 8);
(c) caused by the insured person.
(2) Paragraph 1 (2) also applies to claims by other States or foreign legal persons who have paid those costs or provided such or similar benefits.
The compensation shall be paid by the insurance undertaking to the injured party; the injured party does not, however, have, except in the case referred to in Section 8, the right of performance against the insurance undertaking. If the insured does not agree to be fulfilled by the injured party, the insurance undertaking shall deposit the performance in notarial custody.
(1) He who has suffered damage in the territory of the Czechoslovak Socialist Republic by the operation of an undetected motor vehicle has the right, directly against the insurance company, to make good such damage, unless otherwise specified, to the extent that he would have replaced it if he had known the person responsible for the damage. However, the insurance company is obliged to pay only part of the damage to the goods, which exceeds 500 Ccs.
(2) The law referred to in paragraph 1 shall be subject to the fact that the public security authorities have identified the accident immediately after the accident or have been notified to them without undue delay; However, the law shall cease to exist if it is not applied to the injured party within one year of the insurance claim.
The insurance undertaking shall comply with the obligation to fulfil its obligations within 15 days of the end of the investigation, but not later than 15 days after it has been agreed, with its agreement or with its additional approval, with the amount of compensation damaged or the amount of compensation determined by an enforceable decision.
(1) The insurance undertaking has the right to reimburse the sums it has paid 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 drink;
(b) driving a motor vehicle at the time of an accident without a prescribed driving licence, *)
(c) entrusted the driving of a motor vehicle to a person who did not have a prescribed driving licence (*) or to a person who he knew had reduced his ability to drive after drinking an alcoholic drink;
(d) cause damage to a motor vehicle which must not be used on the road under the applicable rules;
(e) has caused damage to a motor vehicle which, according to a final judgment in criminal proceedings, has been unlawfully in its power.
(2) Where the fact referred to in paragraph 1 (a) to (d) in the performance of the tasks of the organisation has been established, the insurance undertaking shall be entitled to compensation against the organisation; the organisation shall deal with the responsible worker (citizen) in accordance with the relevant regulations.
(3) The insurance undertaking shall be entitled to reimbursement of 10% of the amounts it has paid because of the damage caused by the operation of the motor vehicle at the time of the insurance claim in default, but not more than 3000 CZK. However, this shall not apply if the insurance undertaking has a right against it under paragraph 1.
The insured person shall be obliged to provide the insurance undertaking with the assistance necessary to establish the reason for and the amount of its performance, in particular to notify the insurance undertaking in writing without delay,
(a) that there has been an insurance claim, give a true explanation of its origin and extent of its consequences and submit the documents requested by the insurance undertaking;
(b) that the injured party has claimed compensation and has expressed its views on the claim;
(c) that criminal proceedings have been initiated in the context of an insurance event or that the injured party claims compensation from the competent authority.
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. If the insurance company has transferred the right to compensation for damage to a citizen, the provisions of Paragraph 382 of the Second Civil Code shall apply in its application.
(1) If the insured person has the right to repayment or pension reduction of the amount paid or to cease payment of the sum due to the injured person or to another person, that right shall pass to the insurance undertaking if the insured person has paid or paid the pension for that amount.
(2) 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 against domestic motor vehicles
(1) In the case of domestic motor vehicles, the obligation to pay the insurance is due by the assignment of the registration plate and lasts until the vehicle is assigned. In the case of motor vehicles for which a registration plate is not assigned (hereinafter referred to as "motor vehicle without registration plate '), the obligation to pay the insurance date on which the vehicle was first put into service shall arise and shall continue until the vehicle is terminated; In so doing, the acquisition of a vehicle shall bring the vehicle into service.
(2) By issuing a travel document authorising travel to the other territories of Europe or to the non-European territory of the Union of Soviet Socialist Republics to be carried out by motor vehicles, an insurance premium is required.
(1) The obligation to pay the premium is for those who are registered on 1 January or 1 July as holder of the licence as a motor vehicle, as applicable. If it is a motor vehicle for which a motor vehicle registration is not issued, the insured person who owns the vehicle on 1 January or 1 July (under management) shall be liable.
(2) In the case of motor vehicles first put into service, the insurance shall be paid by the person who is registered when the registration plate is first assigned and if the vehicle is not registered, by the person who acquired the registration plate.
(1) For motorcycles and other motor vehicles with a motor motor (including motor tricycles) *, the premium is payable at the same time by 1 March at the latest, for other motor vehicles in two equal semi-annual instalments by 1 March and by 1 September.
(2) If an obligation to pay premiums has arisen in the current year, the premium shall be paid for the period starting on the first day of the month in which the obligation to pay premiums arose. In such a case, when the registration plate is assigned and in the case of motor vehicles without a registration number, on the date on which the vehicle was first put into service, it shall be payable:
(a) for motorcycles and other motor vehicles with a motor motor (including motor tricycles), a proportion of the premiums by the end of the calendar year;
(b) for other motor vehicles, the proportion of the half-yearly premium payment.
(3) If the premium is paid in proportion (paragraph 2), the premium is rounded down to the nearest crown.
(4) The insurance premium (Paragraph 14 (2)) is payable for all motor vehicles at the latest on departure from the territory of the Czechoslovak Socialist Republic.
(1) If, after 31 December but before 1 March of the following 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 a registration plate (in administration), it shall be due at the latest at the time of registration of the change of the holder of the motor vehicle or at the time of taking over of the motor vehicle without a registration plate:
(a) in the case of motorcycles and other motor vehicles with a motor motor (including motor tricycles), premiums for the whole year;
(b) for other motor vehicles, the first instalment of insurance premiums (half of the annual rate).
(2) If the change occurs in the person registered by the holder of the motor vehicle referred to in paragraph 1 (b) after 30 June, but before 1 September, the second instalment of the premium (half of the annual rate) shall be due at the latest when the change is registered; If there is a change at this time in the case of a motor vehicle with no registration mark, this instalment shall be due when the vehicle is taken over.
(3) All other persons to whom a motor vehicle has been transferred after the due date of insurance premiums are liable for the premiums due.
(1) The premiums paid shall not be refunded except in the case referred to in paragraph 2. When changing the registered holder of a motor vehicle, the new holder shall not be obliged to pay premiums for the remainder of the period for which the premium is paid if he proves that the premium is paid by the previous holder; The same applies if there is a change in the person who has a motor vehicle with no registration in the ownership (administration).
(2) If, during the period for which insurance premiums are paid (repayment of insurance premiums), the motor vehicle is terminated, the amount corresponding to the proportional part of the insurance premiums (instalment of insurance premiums) shall be returned, at the request of the party who paid the premium, for the whole months missing by the end of the period.
(3) If a citizen is exempt from the tax on motor vehicles by a decision made pursuant to § 14 (2) (b) and (c) of Act No. 98 / 1964 Coll., on the tax on motor vehicles, he shall be exempt for the same period and to the same extent from the payment of premiums.
(1) If the premium or instalment is not paid on time (Sections 16 and 17), the person liable to pay the premium is obliged to pay a fee of 10% of the annual premium rate for each month of delay, but at least 10 CZK.
(2) The late payment shall be rounded down to the whole crown; is payable no later than 15 days after notification of who is obliged to pay the premium.
(1) Those who are obliged to pay the premium are obliged to calculate them themselves and to pay them on time without asking. For motor vehicles subject to motor vehicle tax, premiums shall be paid together with taxes.
(2) The insurance shall be paid by postal order on behalf of the Inspector of the State Insurance Corporation, in whose district the motor vehicle is registered in the register of the Transport Inspectorate of Public Security or, where applicable, in whose district the owner's domicile (s) is located, if it is a motor vehicle without a registration plate. Socialist organisations may pay insurance premiums for motor vehicles not subject to motor vehicle tax in a aggregate amount, specifying its specification, including by transfer order.
(1) Socialistic organisations may agree with the insurance undertaking that, for all types of motor vehicles not subject to motor vehicle tax or exempt from tax, premiums shall be paid at the same time for the whole year by 1 March at the latest, according to the condition of the vehicles (Paragraph 15 (1)) on 1 January. The insurance undertaking and organisations may terminate the agreement at any time; the effects of the termination relate to the payment of premiums in the year following the termination.
(2) Czechoslovak budgetary organisations are not obliged to pay the premium under § 14- 20 of this decree. The Ministry of Finance shall transfer to the account of the insurance undertaking an amount which it shall determine as insurance premiums for those organisations.
(3) If a motor vehicle is transferred from the organisation referred to in paragraph 2 to another, an obligation to pay the premium under Paragraph 16 (2) shall arise.
Insurance against foreign motor vehicles
(1) If it is a foreign motor vehicle for which the operator and the driver are subject to statutory insurance under Paragraph 1 (1), the insurance day on which the vehicle enters the territory of the Czechoslovak Socialist Republic shall be payable and shall continue for the duration of its stay in that territory.
(2) The obligation referred to in paragraph 1 is for anyone who, when entering the territory of the Czechoslovak Socialist Republic, has a foreign motor vehicle in real power.
(3) The insurance is due when the foreign motor vehicle enters the territory of the Czechoslovak Socialist Republic. If the period of stay in the Czechoslovak Socialist Republic is extended, the first day of the extended period of stay is due insurance for that period. If insurance has not been paid, they are collected by the authority which is handling the vehicle on departure from the territory of the Czechoslovak Socialist Republic and transferred to the account of the local inspector of the State Insurance Corporation.
If there is a foreign motor vehicle whose operator and driver are subject to the provisions of Paragraph 1 (2), the obligation to pay the premium shall arise only if the stay of that vehicle in the territory of the Czechoslovak Socialist Republic is extended beyond the duration of the authorisation referred to in Paragraph 1 (2). This obligation arises on the first day of this extended period to the persons referred to in Paragraph 22 (2) and lasts for the extended stay of the vehicle in the territory of the Czechoslovak Socialist Republic. If the insurance has not been paid, it shall be collected by the authority handling the vehicle on departure from the Czechoslovak Socialist Republic and transferred to the responsible branch of the insurance company.
Insurance against motor vehicles with special registration number
The obligation to pay the premium shall also lie with the person to whom the special registration plate has been assigned, unless that mark has been assigned only for the transport of the vehicle not yet registered to the holder. The premium shall be paid according to the number of special registration marks allocated and the period for which they were allocated and shall be due on the first day of that period. If special registration plates are assigned for an indefinite period, premiums shall be paid according to the number of marks allocated on 1 January of the calendar year and due on the same day. The provisions of Paragraph 19 shall apply mutatis mutandis in the event of a delay in the payment of the premiums.
Rates of premiums
| A. | Tuzemská motorová vozidla | Roční pojistné Kčs |
|---|---|---|
| 1. | Motocykl a jiné motorové vozidlo s motocyklovým motorem (včetně tříkolky) s obsahem válců | |
| do 50 ccm včetně | 36,- | |
| nad 50 ccm do 100 ccm včetně | 24,- | |
| nad 100 ccm | 48,- | |
| 2. | osobní automobil s obsahem válců | |
| do 500 ccm včetně | 60,- | |
| 3. | osobní automobil s obsahem válců nad 500 ccm, dodávkový, sanitní a pohřební automobil | 144,- |
| 4. | osobní autotaxi nebo osobní automobil půjčovny motorových vozidel určený k půjčování | 216,- |
| 5. | nákladní automobil | |
| - o nosnosti do 1000 kg včetně | 216,- | |
| - o nosnosti nad 1000 kg | 300,- | |
| 6. | tažný automobil, motorový pojízdný pracovní stroj se státní poznávací značkou, speciální motorové vozidlo | 300,- |
| 7. | traktor, motorový pojízdný pracovní stroj bez státní poznávací značky | 54,- |
| 8. | motorový dopravní vozík | 24,- |
| 9. | autobus, autokar nebo jiné motorové vozidlo určené pro dopravu více než 8 osob mimo řidiče | |
| - do 24 osob mimo řidiče | 360,- | |
| - nad 24 osob mimo řidiče | 600,- | |
| 10. | motorové vozidlo se zvláštní státní poznávací značkou | Sazba uvedená v bodech 1 až 9 podle druhu motorového vozidla, pro který byla zvláštní státní poznávací značka vydána. |
| B. | Příplatek k pojistnému | Kčs |
| podle § 14 odst. 2 | 20,- (bez ohledu na délku doby pobytu v cizině v jednom kalendářním roce) | |
| C. | Cizozemská motorová vozidla za pobytu na území Československé socialistické republiky | Pojistné za každý (i započatý) měsíc doby pobytu |
| 1. | motocykl, motorové kolo | 20,- |
| 2. | osobní automobil, traktor | 50,- |
| 3. | autobus, nákladní automobil | 180,- |
| D. | Přívěsy a návěsy k motorovým vozidlům | Pojistné je zahrnuto v pojistném u motorových vozidel uvedených pod písm. A-C a zvlášť se neplatí. |
Provisions common and final
(1) The driver of a motor vehicle shall carry with him, when driving, proof of payment of the last premium due or proof of exemption from payment of the premium and submit it at the request of the inspection authority; This does not apply to drivers of motor vehicles of socialist organisations.
(2) In particular, proof of payment of the premium shall be provided of the postal note or written confirmation issued on request by the State Insurance Authority's Inspectorate.
Authorities Public security shall be required for road traffic control, registration of vehicles, as well as on all other occasions to ascertain whether or not the premiums have been properly paid and paid in due time, and to notify the defects identified without delay to the competent inspector of the State Insurance Corporation.
The insurance undertaking shall, in part or in whole, waive the exercise of its right as set out in Section 10 and in Section 19, if there are grounds for special consideration.
Insurance premiums for liability for damage caused by the operation of motor vehicles which have a permanent post in the Czechoslovak Socialist Republic and were already in operation in 1964 shall be paid for 1965, not for motor vehicles of socialist organisations, to the following amount:
(a) for motorcycles and other motor vehicles with a motor motor (including motor tricycles), ten twelve-year premiums,
(b) for other motor vehicles, four twelfths of the annual premium on the first half-year instalment and the second full instalment.
Unless otherwise provided for in this Insurance Order, the relevant provisions of the Civil Code on Contract Insurance shall apply to them mutatis mutandis; In the case of insurance by socialist organisations, these provisions shall apply to them to the extent laid down by the Economic Code.
The Order of the Ministry of Finance No 38 / 1957 of the Ú. l., on the implementation of the insurance of statutory liability for damage caused by the operation of motor vehicles, is hereby repealed.
(1) This Decree shall take effect on 1 January 1965, with the exception of Paragraph 25 (A) (9).
(2) Paragraph 25 of the Section And No 9 shall take effect on 1 January 1966; until then, for the payment of premiums for the vehicles referred to in this provision (bus, coach or other motor vehicle intended for the carriage of more than 8 persons outside the driver), the current annual premium rate of 324 CZK.
Minister:
Dvořák v. r.
*) The card is an international car insurance card or other document within the meaning of special agreements.
*) Decree of the Ministry of the Interior No. 87 / 1964 Coll., on driving licences.
*) Motorcycle engine means the engine described in § 4 (1) of Decree No. 99 / 1964 Coll., implementing the Motor Vehicle Tax Act.
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Regulation Information
| Citation | Decree of the Ministry of Finance No. 197 / 1964 Coll., determining the scope and conditions of statutory liability insurance for damage caused by motor vehicle operation |
|---|---|
| Regulation Type | - |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 11.12.1964 |
|---|---|
| Effective from | 01.01.1965 |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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