Full text of Act No. 410 / 2004 Coll.
Full text of Act No. 168 / 1999 Coll., on insurance of liability for damage caused by the operation of a vehicle and on the amendment of certain related laws (Act on insurance of liability from the operation of a vehicle), as resulting from subsequent amendments
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13.07.2004
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410
PRESIDENT OF THE GOVERNMENT
Announces
full text of Act No. 168 / 1999 Coll., on insurance of liability for damage caused by the operation of the vehicle and amending certain related laws (Act on Insurance of Liability from the operation of the vehicle), as follows from amendments made by Act No. 307 / 1999 Coll., Act No. 56 / 2001 Coll., Act No. 320 / 2002 Coll. and Act No. 47 / 2004 Coll.
THE LAW
on vehicle liability insurance
Parliament has decided on this law of the Czech Republic:
INSURANCE OF RELIEF FROM VEHICLE OPERATIONS
Preliminary provisions
(1) This Act, in accordance with the law of the European Communities (1), regulates liability insurance for damage caused by the operation of a vehicle (hereinafter referred to as liability insurance), establishes the Czech Insurance Office (hereinafter referred to as the Office) and defines its legal status, organisation and subject matter.
(2) Save as otherwise provided for in this Act, on the motorway, (1a) the road, (2) the local communication (3) and the purpose communication (except for the purpose of communication which is not publicly accessible) (4) (hereinafter referred to as "infrastructure"), only those whose liability for damage caused by the operation of that vehicle is insured under this Act.
(3) Save as otherwise provided in this law, liability insurance is governed by a separate legislation. (4a)
Definition of terms
For the purposes of this Act:
(a) the vehicle:
road vehicle, special vehicle and trolleybus; the road vehicle is a vehicle of type moped, motorcycle, tricycle or quad-wheel, passenger car, bus, truck, special vehicle, tractor, trailer; a special vehicle is a tractor-type vehicle and its trailers (including a one-axle tractor with a trailer), a self-driving machine, a working machine, a trailer-type vehicle and a category R vehicle; a special vehicle of category R is other vehicles which cannot be classified in the above categories, in particular a snowmobile, a roller, a quad wheel intended for the transport of materials or technology; no wheelchair is considered as a vehicle, 5)
(b) domestic vehicle
a vehicle which is subject to registration of road vehicles under special legislation (9) (hereinafter referred to as "vehicle registration ') or a vehicle which is not subject to registration of vehicles and is owned by a natural person residing in the territory of the Czech Republic or by a legal person established in the territory of the Czech Republic,
(c) a foreign vehicle
a vehicle which is equipped with a foreign registration plate or a vehicle which is not equipped with a foreign registration plate and is owned by a natural person residing or legal person having its registered office outside the Czech Republic,
(d) insurer
an insurance company which is entitled to operate liability insurance within the Czech Republic under special legislation10),
(e) policyholder
the person who has concluded a liability insurance contract with the insurer,
(f) insured persons
the person whose liability for damage is covered by liability insurance,
(g) damaged
the person to whom damage has been caused by the operation of the vehicle and who is entitled to compensation under this law,
(h) harmful event
damage caused by the operation of the vehicle,
(i) insurers' offices
professional organisations bringing together insurance undertakings authorised in a Member State to carry out liability insurance,
(j) by the authority of registration
the administrative authority that keeps the vehicle register, 9)
k) green card
international car insurance card,
(l) Member State:
a Member State of the European Union or another State constituting the European Economic Area,
(m) the territory in which the vehicle is normally based,
1. the territory of the State whose registration plate or other registration plate the vehicle bears; or
2. the territory of the State where the mark assigned to the vehicle by the insurer or any other distinguishing mark has been issued if the vehicle is not subject to registration but the mark assigned by the insurer or other distinguishing mark is affixed to the vehicle, or
3. the territory of the State in which the owner of the vehicle resides, where neither the registration mark nor the mark assigned by the insurer or any other distinguishing mark similar to the registration plate is required for such vehicle.
Insurance of liability
Insurance contract
(1) Liability insurance arises under an insurance contract. The insurer is obliged to conclude an insurance contract if the application for its conclusion does not contradict this law or the general insurance conditions of the insurer. In the insurance contract, this law may be derogated from only if this does not reduce or limit claims damaged by liability insurance. Immediately after the conclusion of the insurance contract relating to a domestic vehicle, the insurer shall issue the policyholder with a proof of liability insurance (hereinafter referred to as the "insurance document ') and a green card at the request of the policy holder. The formalities for the proof of insurance shall be determined by the Ministry of Finance (hereinafter referred to as" the Ministry') by a decree.
(2) The insurance contract shall contain at least information on the parties to the contract and on the vehicle, the duration of the insurance, the period of insurance, the limit of the insurance benefits, the amount of the premium, the method of payment and its maturity. If, at the time of the conclusion of the insurance contract, some information relating to the vehicle is not known, the policy holder shall communicate it to the insurer within the period specified by the insurer, but not later than 15 days after the conclusion of the insurance contract. In this case, the insurer shall issue the green card upon receipt of this communication to the policy holder.
(3) For the purposes of this Act, the limit on insurance benefits is the maximum limit on the performance of the insurer in a single event. The breakdown referred to in paragraph 4 shall include the insurance performance limits separately in the insurance contract.
(4) The insurance performance limit must be:
(a) in the event of damage under Section 6 (2) (a), at least CZK 35,000 for each injured or killed person;
(b) in the event of damage pursuant to § 6 (2) (b) and (c), at least 18000 000 CZK, regardless of the number of victims; If the sum of the claims in excess of the damaged insurance performance limit specified in the insurance contract exceeds the insurance performance limit, each of them shall be reduced in proportion to the sum of the claims in all the injured parties.
(5) The insurer is obliged to determine insurance premiums in such a way as to ensure that the liabilities arising from the operation of liability insurance are permanently fulfilled, in particular sufficient asset formation, the source of which is technical provisions under the special legislation governing insurance, 11) and the reimbursement of contributions by the Office pursuant to Paragraph 18 (5).
(6) When negotiating the amount of premiums in an insurance contract, the insurer shall take into account the previous malpractice of insurance of liability of the policyholder by a discount on insurance premiums in the event of the non-malicious course of insurance or a premium on insurance premiums in the case of the payment of insurance benefits from liability insurance.
(7) The method of determining the level of the premiums shall be submitted by the insurer to the Ministry for examination at his written request, including the statistics on which the amount of the premiums is based, and the confirmation of the responsible actuarial (11a) on the correctness of the method of determining the level of the premiums.
Obligation to conclude an insurance contract
The owner or co-owner (the owner) of a domestic vehicle or driver of a foreign vehicle shall be obliged to conclude a liability insurance contract (the insurance contract), unless otherwise provided for by this law. This is without prejudice to the right to conclude an insurance contract by a person who is different from the owner of a domestic vehicle or the driver of a foreign vehicle.
Exemptions from liability insurance
(1) The obligation to conclude an insurance contract under this Act does not have
(a) a driver of a foreign vehicle holding a valid green card issued by an insurance company in a foreign State or a vehicle whose liability insurance in the Czech Republic is guaranteed by the office of insurers of a foreign State;
(b) the component of the integrated rescue system for all vehicles not used for business purposes and included in a continuously updated annex to the Integrated Regional Rescue System alarm plan, 12)
c) Security Information Service for vehicles operated by it, Ministry of Defence for vehicles operated by Military Intelligence and Ministry of Interior for vehicles operated by the Office of Foreign Relations and Information and for vehicles of the Police of the Czech Republic services of the Criminal Police and Investigation Service and the Municipality for vehicles operated by units of voluntary fire department municipalities.
(2) The Ministry shall issue a green card to the vehicle referred to in paragraph 1 (b) and (c) (hereinafter referred to as "the vehicle with the exception of liability insurance"). If the reason for which a green card has been issued to a vehicle with the exception of liability insurance, the person who operates such a vehicle is obliged to return the green card to the Ministry.
Scope of liability insurance
(1) The liability insurance shall apply to any person responsible for damage caused by the operation of the vehicle specified in the insurance contract.
(2) Save as otherwise provided for in this law, the insured person shall be entitled to replace the insurer for him, to the extent and to the extent required by the special legislature15) damaged by claims for compensation claimed and established
(a) damage to health or death;
(b) damage caused by damage, destruction or loss of the case, as well as damage caused by the theft of the case, where the natural person has lost the ability to protect it ("material damage"),
(c) damage which is the nature of the loss of profit;
(d) effectively incurred costs associated with legal representation in the application of the entitlements referred to in points (a) to (c);
if the event from which the damage was caused and for which the insured is responsible occurred during the life of the liability insurance. The damage shall be paid in cash, but up to the limit of the insurance performance laid down in the insurance contract.
(3) Unless otherwise provided for in this Act, liability insurance covers a harmful event occurring in the territory of the Czech Republic or a foreign State listed; the list of foreign states shall be established by the Ministry by decree.
(4) The insurance contract relating to liability insurance must be concluded in such a way that such insurance applies on the basis of a single insurance policy within the territory of all Member States and other States included in the list of States laid down by the Ministry of Finance. The insurer is obliged to mark this validity on the green card.
(5) The liability insurance shall also be valid in the territory of States other than those referred to in paragraph 4 where the insurer has indicated that the insurance is valid on the green card.
(6) In the event of damage caused by the operation of a domestic vehicle in the territory of another Member State, the scope of liability insurance shall be governed by the legislation of that other Member State, provided that, under this law or under the insurance contract, that scope is not wider.
(7) The damage caused by the operation of a vehicle to a citizen of a Member State during its direct journey between the two territories of the Member States, where the territory in which such a person passes and where the event from which the damage occurred is not covered by any national insurers' office, shall be subject to the legislation of the Member State in whose territory the vehicle is normally based.
(1) The insurer does not pay
(a) the damage suffered by the driver of the vehicle the operation of which caused the damage;
(b) the damage referred to in Article 6 (2) (b) and (c) for which the insured person is responsible to his spouse or persons who lived in the common household at the time of the event, with the exception of the damage referred to in Article 6 (2) (c), where the damage is related to the damage referred to in Article 6 (2) (a);
(c) damage to the vehicle the operation of which caused the damage, as well as to the goods carried by that vehicle, with the exception of damage caused to the goods carried by that vehicle by the person carrying it at the time of the damage, to the extent that the insured person is responsible for the damage;
(d) damage pursuant to Article 6 (2) (b) and (c) arising between vehicles of a combination made up of a motor vehicle and a trailer, as well as damage to goods carried by such vehicles, in the absence of damage caused by the operation of another vehicle;
(e) damage caused by handling the load of the stationary vehicle;
(f) costs incurred by the provision of medical care, sickness insurance benefits (care) or pension pensions due to damage to health or death suffered by the driver of the vehicle whose operation caused the damage;
(g) damage caused by the operation of the vehicle in its participation in an organised motorist race or competition, with the exception of damage caused by such participation, if the driver is obliged to comply with road traffic rules in that race or competition;
(h) damage caused by the operation of the vehicle in the event of a terrorist act or a war event, if such operation is directly related to that act or event.
(2) If the damage was caused to the owner of the vehicle by the operation of his vehicle, which was driven by another person at the time of the damage, or by the person whose operation caused the damage to that person, he is entitled to treat the vehicle as his own or with whom he is legally exercising his right for himself, and if, at the time of the damage, another person was driving the vehicle, the insurer is obliged to pay only the damage to that owner or person in accordance with § 6 (2) (a).
(3) In the event of a collision of vehicles owned by the same person, the damage caused to that person shall be reimbursed only if it is the various vehicle operators involved in the occurrence of the event and if that person is not at the same time the vehicle operator on which the damage was caused.
Obligations of the insured
(1) The insurer shall, without undue delay, notify the insurer in writing that there has been a malicious event, indicating the facts relating to the event, submit the relevant documents and follow the instructions of the insurer during the investigation.
(2) The insured person shall inform the insurer in writing without undue delay that:
(a) the right to compensation has been claimed against it and the amount of compensation requested has been expressed,
(b) administrative or criminal proceedings have been initiated in the context of a malicious event and inform the insurer immediately of its progress and outcome;
(c) the injured party is entitled to compensation in a court or other competent authority, if he becomes aware of this fact.
(3) The insured person shall, without undue delay, document to the injured party, upon his request, the information necessary for the exercise of the injured party's right to compensation, in particular his name and surname and residence, his name and surname and address, or, where applicable, the place of business of the owner of the vehicle, the trade name and registered office, or, where applicable, the place of business of the insurer for whom the liability insurance was agreed, the number of the insurance contract and, in the case of a vehicle subject to registration, hereinafter referred to as "registered vehicle ', the national registration number of the vehicle to which the damage was caused.
Insurance claims
(1) The injured party shall have the right to claim the performance referred to in Article 6 from the competent insurer or from the Office in the case of a claim for the performance of the guarantee fund pursuant to Article 24.
(2) The performance of the insurer shall be due within 15 days, as soon as the insurer has completed the investigation necessary to establish the extent of the insurer's obligation to comply or when the insurer has received a final decision by the court on his obligation to provide insurance.
(3) The insurer is obliged to conduct an investigation into a harmful event without undue delay. Within a period of 3 months from the date on which the entitled person has exercised the right to benefit from liability insurance, the insurer shall:
(a) terminate an insurance claim investigation and communicate to the injured party the amount of the insurance claims, unless the insurer's obligation to pay liability insurance has been questioned and claims for damages have been established; or
(b) provide a written explanation to the injured party of the claims he has claimed for compensation refused or reduced by the insurer.
(4) If the insurer has failed to comply with the obligation referred to in paragraph 3, the amount of insurance benefits covered by the insurer's default shall be increased by interest on late payments. The interest rate on late payment is set at the discount rate fixed by the Czech National Bank, applicable on the first day of delay, plus 4% per year. Interest on late payments shall be determined separately for each month started at the rate of one twelfth of the rate of interest on late payments, the rate of interest on late payments being updated each month using the discount rate of the Czech National Bank applicable on the first day of that month. Interest on late payments derived on the basis of the discount rate shall be applied unless an amount higher is specified in the insurance contract.
(5) In the absence of a threat to criminal proceedings under special legislation (16) or infringement proceedings, the law enforcement authority or infringement authority shall inform the insurer or the Office of the details of the accident to the extent specified in the specific legislation, (16a) or allow it to view the file and make statements on the case concerning the harmful event.
Damage representative
(1) The insurer is obliged to appoint a liability agent in each Member State, outside the Member State in which he has been authorised to carry out the insurance of liability. The malicious representative shall have a registered office in the State in which it is established, if it is for a natural person, residence or place of business and if it is for a legal person.
(2) The malicious agent shall, on behalf of and on behalf of the insurer, deal with harmful events, including the final settlement of the damaged claims. To this end, it collects the information necessary to investigate these claims and implements measures to settle them if the damage was caused by the operation of the vehicle,
(a) to which the insurance of liability has been agreed with the insurer or branch of the insurer in a Member State other than that in which the injured party is domiciled;
(b) which is normally based in a Member State other than that in which the injured person is domiciled or established; and
(c) if the damage has occurred in a Member State other than that in which the injured party has his residence or registered office.
(3) Harmful representatives may also be active for several insurers. It shall be empowered to represent the insurer in relation to the injured party, provided with sufficient powers to satisfy the legitimate claims of the injured party in full and capable of handling the case in the official language of the Member State of residence of the injured party. The appointment of a claims representative shall not exclude the right of the injured party or his insurer to claim compensation directly against the person who caused the damage or against the competent insurer.
(4) The appointment of a claims representative is not the establishment of a branch of the insurer.
(5) The insurer shall inform the Office of the name and surname, date of birth and address of the place of residence or place of business of the claims representative, in the case of a natural person, or of a business name or registered office, in the case of a legal person, the State of jurisdiction and any change within 7 days of the date of his appointment or amendment. The Office shall transmit this information without undue delay to the relevant national information centres of the Member States.
Right of the insurer to pay the sum paid
(1) The insurer shall have the right against the insurer to compensate for what he has done for him if he proves that the insurer:
(a) cause damage intentionally;
(b) it has infringed the fundamental obligation relating to road traffic and this breach was due to the occurrence of damage for which the insured is responsible;
(c) has caused damage by the operation of a vehicle which has been misused; or
(d) without account being taken of any reasonable grounds, he failed to fulfil the obligation under the special legislature17) to report an accident which is a harmful event and, as a result, the possibility of a proper investigation of the insurer under § 9 (3) has been made difficult;
(e) it has failed to fulfil the obligation under Article 8 (1) and (2) without justification and, as a result, the possibility of proper investigation by the insurer under Article 9 (3) has been made difficult; or
f) He refused, without any reason, as a driver of a vehicle, to pass an alcohol, narcotic or psychotropic test at the request of a member of the Czech Police.
(2) For the purposes of this Act, the violation of essential road traffic obligations means:
(a) the operation of a vehicle which, by design and technical condition, does not comply with the requirements of road safety, occupants, persons and goods;
(b) the operation of a vehicle whose technical capability to operate a vehicle has not been approved;
(c) driving by a person who is not in possession of the relevant driving licence, with the exception of driving by a person who is learning to drive or to pass the driving test, and only under the supervision of an authorised teacher or driver of an individual training instructor;
(d) the driving of a vehicle by a person who has been assigned a ban on driving at the time of that prohibition;
(e) driving a vehicle by a person who has been under the influence of alcohol, narcotic drugs or psychotropic substances, or a prescription for driving a motor vehicle;
(f) the transmission of driving to the person referred to in (c), (d) or (e).
(3) The insurer shall have the right against the policyholder to pay the amount which he has paid because of the damage caused by the operation of the vehicle if the insurer's cause was a fact which, for knowingly false or incomplete answers, the insurer could not have ascertained during the negotiation of the insurance and which was relevant to the conclusion of the insurance contract.
(4) The sum of the required compensation referred to in paragraphs 1 and 3 shall not exceed the performance paid by the insurer as a result of the event to which the insurer's right relates.
Damage caused by the operation of the vehicle except from liability insurance
(1) The damage caused by the operation of the vehicle, with the exception of liability insurance, will be compensated by the Ministry.
(2) The manner and extent of compensation in the cases referred to in paragraph 1 shall be governed by specific legislation. 15) A person operating a vehicle with the exception of liability insurance shall notify the Ministry of the facts in accordance with § 8 (1) and (2). In such a case, the injured party shall be entitled to compensation against the Ministry. The activities related to compensation paid by the Ministry may be carried out on behalf of the Ministry by the insurer authorised by the Ministry.
(3) Where damage is caused by the operation of a vehicle, except from liability insurance in the territory of a State listed in accordance with § 6 (3), the Office or the insurer who issued the green card (§ 5 (2)) shall pay the damage. The Ministry shall pay to the person who paid the damage in accordance with the first sentence the amount of the insurance premiums paid, including the costs associated with the insurance claim.
(4) If the Ministry has replaced the damage caused by the operation of the vehicle for which the person operating the vehicle, except from liability insurance, is liable, the Ministry shall be entitled to compensation for what he has done for that person against the natural person causing the damage under the conditions laid down in Article 10 (1). If the damage was caused in the performance of the duties, the Ministry may claim compensation for the performance paid to the extent that the employer could apply it to the employee under a special legislation. 18) This restriction does not apply if the damage caused intentionally, by unauthorised use of the vehicle, after ingestion of an alcoholic drink or under the influence of a narcotic substance.
Termination of liability insurance
(1) Liability insurance under this Act expires
(a) the date on which the policyholder, his heir, the successor or the owner of the vehicle, being a different person from the policyholder, notified the policyholder of the change of the owner of the domestic vehicle;
(b) the date on which the vehicle ceased to physically exist as a vehicle;
(c) the date on which the domestic vehicle is withdrawn from vehicle records;
(d) theft of the vehicle; If the time of vehicle theft cannot be accurately determined, the vehicle is considered stolen once the police of the Czech Republic have accepted the notification of vehicle theft,
(e) on the day following the failure of the period prescribed by the insurer in the reminder of the payment of the premium or part thereof, delivered to the policyholder; This period shall not be less than 1 month and the insurer's reminder shall include an indication of the loss of liability insurance in the event of non-payment of the premiums due; the period fixed by the insurer in the reminder of payment of the premium or part thereof may be extended before the agreement expires,
(f) notice under special legislation, 19)
(g) the Agreement;
(h) the expiry of the period for which liability insurance has been agreed.
(2) The policyholder shall notify the insurer without undue delay of the facts referred to in points (a) to (d) of paragraph 1.
(1) Following the termination of liability insurance:
(a) the policyholder must submit an insurance document and a green card to the insurer without undue delay if it has been issued;
(b) the insurer must confirm in writing the return of the insurance document and the green card without undue delay and, upon his request, issue within 15 days of the date of receipt of the certificate of the duration of the insurance and the malfunctioning of the insurance.
The requirements of this certificate shall be laid down by the Ministry by decree.
(2) If the liability insurance ceases to exist before the end of the period for which the insurance was paid, the insurer shall be entitled to insurance premiums until the end of the calendar month in which the liability insurance ceased. The remaining part of the premium shall be returned by the insurer. If, at the time of the termination of the liability insurance, a malicious event occurs, the insurer shall be entitled to the premiums according to the first sentence; the obligation to repay the remaining part of the premium is only to the extent that it does not have an obligation to comply with that event.
(3) If the policy holder has failed to fulfil the obligation under paragraph 1 (a), the insurer shall not be obliged to return the insurance policy under paragraph 2 or to issue a certificate under paragraph 1 (b) until that obligation is fulfilled.
Border insurance
(1) A driver of a foreign vehicle, with the exception of a driver holding a valid green card issued by an insurance company in a foreign State, and with the exception of a driver whose liability insurance in the Czech Republic is guaranteed by the office of insurers of a foreign State, is required to conclude an insurance policy with the Office on liability insurance for damage caused by the operation of a foreign vehicle in the Czech Republic (hereinafter referred to as "border insurance"). Border insurance shall be concluded when the foreign vehicle enters the territory of the Czech Republic by paying the premium for the duration of its stay in the territory or for the duration of the stay, but for at least 15 days. Without border insurance, the Police of the Czech Republic will not allow such a vehicle to be driven on the territory of the Czech Republic.
(2) Border insurance covers only harmful events occurring in the territory of the Czech Republic and in the territory of another Member State. The activities related to the conclusion of border insurance may be carried out by an authorised person on behalf of the Office.
(3) The office shall issue the driver of the vehicle with a proof of border insurance once he has paid the insurance. The formalities for this document shall be laid down by the Ministry by decree.
(4) If a foreign vehicle is operated on the territory of the Czech Republic, the operation of which is subject to border insurance, without the conclusion of such insurance, the driver of this vehicle is obliged to pay the Office a premium equivalent to three times the premium which was to be paid for the duration of the stay of this vehicle in the Czech Republic, but at least CZK 10,000. The same applies if such a foreign vehicle is operated on the territory of the Czech Republic without border insurance after the expiry of the green card.
(5) If the driver of a foreign vehicle whose operation on the territory of the Czech Republic is subject to border insurance does not prove to be a proof of the border insurance entered into for the entire duration of the vehicle's stay on the territory of the Czech Republic, the member of the Police of the Czech Republic shall not allow further travel of the foreign vehicle until the obligation under paragraph 4 has been fulfilled.
(6) The premiums paid for border insurance are not refunded.
Accounting for liability insurance
(1) The insurer shall communicate to the Office information on the creation, modification and termination of liability insurance to at least the extent of the information contained in the liability insurance document within one month of the date of the occurrence of the relevant event.
(2) The Office shall communicate the information referred to in paragraph 1 concerning vehicles subject to vehicle registration to the Ministry of Transport operated by the Central Register of Vehicles.
(3) The Ministry of Transport shall compare the data referred to in paragraph 2 with the data provided by it and shall communicate to the Office the result of the comparison and the data relating to vehicles and their owners or operators not communicated to the Office, to the extent of the data provided by it. The Office shall have the right to request the communication and the individual data kept in the Central Register of Vehicles, if there are grounds for doing so under its jurisdiction under this Act.
(4) Information held by the Office concerning vehicles and their owners or operators may be communicated by the Office to the insurer.
(5) Where liability insurance has ceased and a new insurance contract has not been concluded within 14 days of the date of the termination of the insurance in respect of the same domestic vehicle, the owner of the vehicle shall, within the same period, submit the registration number and registration certificate to the competent authority of the vehicle. If, for objective reasons, this obligation cannot be fulfilled, the owner of the vehicle shall notify the competent authority of the registration without undue delay. These obligations are fulfilled even if the vehicle operator registered in the vehicle register has done so.
(6) The Office shall notify the registration authority of the failure to fulfil the obligations referred to in paragraph 5 without undue delay through the Central Register of Vehicles to the competent authority of the place of permanent residence or registered seat of the owner of the domestic vehicle, which shall, on the basis of such notification, initiate an administrative procedure in which it decides, depending on the circumstances established, to grant a fine (§ 16 (1)) or, where appropriate, to remove the vehicle from the register of road vehicles. 23)
(7) The information referred to in paragraphs 2, 3 and 6 shall be communicated at least once a month.
(8) Data shall be communicated in a way that allows remote access.
Office Information Centre
(1) In order to provide the information necessary for the exercise of the claims of the injured persons for damages arising from liability insurance, the Office shall operate an information centre to identify and store information on:
(a) national vehicle registration plates;
(b) insurers, number of insurance contracts relating to insurance of liability for the operation of domestic vehicles and dates of the beginning and end of the insurance period;
(c) numbers of green cards, numbers of insurance contracts relating to border insurance; and
(d) insurers, their branches established in other Member States and their designated representatives.
(2) The information referred to in paragraph 1 (a) relating to domestic vehicles is ascertained by the Office through the Central Register of Vehicles (Section 15 (3)). The information referred to in points (a) and (c) of paragraph 1 shall be collected by the Ministry in respect of vehicles with the exception of liability insurance provided for in points (b) and (c) of Article 5 (1). At the request of the Office, the Ministry shall inform it whether it is a vehicle to which the owner or operator is subject.
(3) The information referred to in paragraphs 1 and 2 must be kept for at least 7 years from the date of permanent withdrawal of the vehicle from the register of road vehicles or from the date of termination of the insurance contract so that the injured person can obtain information from the Office within 7 years of the date of occurrence of the harmful event at all times on:
(a) the business firm and the head office of the insurer who has concluded an insurance policy for the insurance of liability from the operation of the vehicle to which the injured party has suffered damage;
(b) the number of the insurance contract for liability insurance concluded by the insurer under (a);
(c) the claims representatives of the insurer in the case of a injured party residing in another Member State;
(d) the owner of the vehicle or its operator, if different from its owner; and
(e) the place to which the injured party is to be contacted where the damage was caused by the operation of the vehicle except from liability insurance.
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Regulation Information
| Citation | Full text of Act No. 410 / 2004 Coll., Act No. 168 / 1999 Coll., on Insurance of Liability for Damage caused by the operation of a vehicle and on the amendment of certain related laws (Act on Insurance of Liability from the operation of a vehicle), as resulting from subsequent amendments |
|---|---|
| Regulation Type | Declared full text |
| Author | - |
| Collection | Code of Laws |
| Date of Promulgation | 13.07.2004 |
|---|---|
| Effective from | - |
| Effective until | - |
| Status | Valid |
The regulation text is for informational purposes only.
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