167 tal-2008 - Ordni tal-2008 li jemenda l-Ordinanza dwar l-Assigurazzjoni ta’ Vetturi bil-Mutur għar-Riskji ta’ Terzi Persuni

L.N. 167 of 2008

EUROPEAN UNION ACT

(CAP. 460)

Motor Vehicles Insurance (Third-Party Risks) Ordinance

(Amendment) Order, 2008

BY VIRTUE of the powers conferred by article 4(2) of the

European Union Act, the Prime Minister has made the following order>-

The title of this Order is the Motor Vehicles Insurance (Third- Title.

Party Risks) Ordinance (Amendment) Order, 2008 and it shall be read Cap. 104.

and construed as one with the Motor Vehicles Insurance (Third Party

Risks) Ordinance, hereinafter referred to as “the principal law”.

In article 2 of the principal law, the definition “territory in Amends article 2 of

which the motor vehicle is normally based” shall be amended as follows> the principal law.

(a) in paragraph (i) thereof, immediately after the words

“bears a registration plate” there shall be added the words “,

irrespective of whether the plate is permanent or temporary”< and

(b) immediately after paragraph (iii) thereof, there shall be

added the following new paragraph>

“(iv) in cases where the vehicle does not bear any

registration plate or bears a registration plate which does not

correspond or no longer corresponds to the vehicle and has

been involved in an accident, the territory of the State in which

the accident took place, for the purposes of settling the claim

pursuant to articles 4 and 9D of this Ordinance<”.

In the proviso to subarticle (4) of article 3 of the principal Amends article 3 of

the principal law.

law, for the words “or injury caused in the territory” there shall be

substituted the words “or injury caused in Malta or in the territory.”.

Article 4 of the principal law shall be amended as follows>

Amends article 4 of

the principal law.

“(a) in subarticle (1), for paragraph (i) in the proviso to

paragraph (c) thereof, there shall be substituted the following>

“(i) liability for such damage to third party property

as may be prescribed by regulations made by the Minister

responsible for Transport under this article< or”<

(b) for subarticle (1A) thereof, there shall be substituted the

following>

“(1A) A policy of insurance in respect of the use of a

motor vehicle which is normally based in Malta or in the

territory of a designated State shall cover, on the basis of a

single premium and during the whole term of the contract,

the entire territory of Malta and all designated States, including

for any period in which the vehicle remains in other designated

States during the term of the contract, and guarantee, on the

basis of the same single premium>

(a) in Malta, the cover required under this

Ordinance< and

(b) in each designated State, the cover required

by the law of that State or the cover required by the law

of the State in the territory of which the vehicle is

normally based if that cover is higher.”< and

(c) immediately after subarticle (1A) thereof, there

shall be added the following new subarticle>

“(1B) Where any payment is to be effected

by an authorized insurer under a policy issued under

this Ordinance, the authorized insurer shall not

demand the payment of any excess as a condition

to effect payment to the injured party and an

authorized insurer shall not deduct any amounts to

the injured party in the event that an excess is not

paid when effecting payment to the injured party.”.

Article 6 of the principal law shall be renumbered as subarticle

(1) thereof and immediately after subarticle (1) as renumbered, there

shall be added the following new subarticle>

“(2) Any condition in a policy issued for the purposes of

this Ordinance, providing that no liability shall arise under the

policy, or that any liability so arising shall cease, in respect of any

damage or injury suffered by a passenger in a vehicle in the event

that such passenger knew or should have known that the driver of

the vehicle was under the influence of alcohol or of any other

intoxicating agent at the time of an accident, shall be of no effect

in connection with claims by such passenger.”.

For article 7A of the principal law there shall be substituted Substitutes

7A of the principal

the following>

law.

(1) Random checks for the purposes of

establishing only whether a vehicle is covered by insurance

against civil liability cannot be performed in respect of vehicles

normally based in the territory of a designated State or in respect

of vehicles normally based in the territory of a third State

entering Malta from the territory of another designated State>

Provided that non-systematic checks on policies of

insurance may be carried out provided such checks are not

discriminatory and are carried out as part of a control which

is not aimed exclusively at insurance verification.

(2) The Minister responsible for transport may

provide, by way of regulations under this article, for the

making of random checks on the insured status of motor

vehicles which are normally based in the territory of a third

country entering Malta.”.

7. Immediately after article 7A of the principal law, there shall be Adds article 7B to

the principal law.

added the following new article>

(1) Notwithstanding any provision of any other

law to the contrary, any policy holder may request, at any

time, the insurance undertaking to provide a statement relating

to the third party liability claims involving the vehicle or

vehicles covered by the insurance contract at least during the

preceding five years, or to the absence of such claims.

(2) When such a request is made to the insurance

undertaking, the insurance undertaking shall provide the

statement to the insured persons within fifteen days of the

request.”.

For subarticle (9) of article 9B of the principal law there shall Amends article 9B

of the principal law.

be substituted the following>

“(9) The appointment of a claims representative shall not in

itself constitute the opening of a branch within the meaning of

paragraph (b) of Article 1 of Directive 92#49#EEC and the claims

representative shall not be considered an establishment within the

meaning of paragraph (c) of Article 2 of Directive 88#357#EEC or

an establishment within the meaning of Regulations (EC) No.

44#2001.”.

Immediately after article 9E of the principal law, there shall be

added the following new article>

“9F. (1) The Minister responsible for transport shall

provide, by way of regulations under this article, for the setting up

of a central repositary to collect all information in electronic form

to facilitate the availability in due time to the injured parties, their

insurers or their legal respresentatives of the basic data necessary

for the settlement of claims.

(2) The information mentioned in subarticle (1) shall

be collected and made available to the injured party, their insurers

or their legal representatives notwithstanding the provisions of the

Data Protection Act.”.

In subparagraph (ii) of paragraph (a) of subarticle (2) of article

18A of the principal law, the words from “- the number of the

international certificate” to the words “in article 5(2)<” shall be deleted.

Immediately after article 24 of the principal law, there shall be

added the following new article>

Under subarticle (2) of article 11 read in conjunction

“Jurisdiction

with paragraph (1) of subarticle (1) of article 9 of Council

enforcement.

Regulations (EC) No 44#2001 of 22 December 2000 on

jurisdiction and the recognition and enforcement of judgments

in civil and commercial matters, injured parties may bring legal

proceedings against the civil liability insurance provider in the

Member State in which they are domiciled.”.

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