Motor Vehicles Insurance (Third Party Risks) (thirdpartyrisks)

L.N. 189 of 2008

MOTOR VEHICLES INSURANCE

(THIRD PARTY RISKS) ORDINANCE

(CAP. 104)

Motor Vehicles Insurance (Third Party Risks)

(Insurance Exempt Vehicles) Regulations, 2008

In exercise of the powers conferred by articles 3, 5 and 23 of the

Motor Vehicles Insurance (Third-Party Risks) Ordinance, the Minister

for Infrastructure, Transport and Communications, has made the

following regulations>

The title of these regulations is the Motor Vehicles Insurance Title.

(Third Party Risks) (Insurance Exempt Vehicles) Regulations, 2008.

In these regulations, unless the context otherwise requires>- Interpretations.

(Regulation 3)

List of vehicles exempt from being covered by an insurance policy

Armed Forces of Malta (AFM) vehicles.

Police Department vehicles.

Maltese Government owned vehicles.

Mitbug[ fl-Istamperija tal-Gvern — Printed at the Government Printing Press

€0.19

“Directive 84#5#EEC” means Council Directive 84#5#EEC

of 30th December, 1983, on the approximation of the laws of the

Member States relating to insurance against civil liability in respect

of the use of motor vehicles, as amended by Council Directive

90#232#EEC of 14th May 1990, and by Council Directive

2005#14#EC of the 11th May 2005<

“the Ordinance” shall mean the Motor Vehicles Insurance

(Third-Party Risks) Ordinance<

“Protection and Compensation Fund” shall mean the

Protection and Compensation Fund established by article 49 of

the Insurance Business Act,

and the words and expressions which are also used in the

Ordinance shall have the same meanings as in the Ordinance.

The vehicles listed in the Schedule to these regulations shall Exemptions

regarding certain

be exempt from the requirements of an insurance certificate, international motor vehicles.

or otherwise, prescribed in articles 3 and 5 of the Ordinance.

(1) Pursuant to the proviso of paragraph (b) of sub-article Compensation for

certain exempt

(4) of article (3) of the Ordinance, compensation for injuries or damages vehicles.

sustained by the use of vehicles mentioned in the Schedule shall be

awarded by the Compensation Body established under Article 9C of

the Ordinance.

(2) In the event that the Compensation Body effects payment

for injuries or damages sustained by the use of vehicles referred to in

sub-article (4) of article 3 of the Ordinance, the Compensation Body

shall be subrogated in the rights of the person receiving such payment

and shall have a claim against the Protection and Compensation Fund

established by article 49 of the Insurance Business Act or the guarantee

fund provided for in sub-article (4) of article 1 of Directive 84#5#EEC

in the designated State where the vehicle is normally based, whichever

is appropriate.

(3) Without prejudice to the foregoing, in the event that an

injured party files a claim directly to the Protection and Compensation

Fund in relation to injuries or damages sustained by the use of vehicles

referred to in the Schedule, payment shall only be effected by the

Protection and Compensation Fund if the requirements set out in

regulation 25 of the Protection and Compensation Fund Regulations,

2003 are satisfied.