MOTOR VEHICLES (INSURANCE INFORMATION CENTRE) REGULATIONS

SUBSIDIARY LEGISLATION 104.06

MOTOR VEHICLES (INSURANCE INFORMATION

CENTRE) REGULATIONS

30th July, 2004

LEGAL NOTICE 366 of 2004, as amended by Act XV of 2009.

Part I

PRELIMINARY

The title of these regulations is the Motor Vehicles

(Insurance Information Centre) Regulations.

In these regulations, unless the context otherwise requires

"the Authority" means the Authority for Transport in Malta;

"EEA State" means a State which is a Contracting Party to the

Agreement on the European Economic Area signed at Oporto on

the 2nd May, 1992 and the Protocol adjusting the Agreement signed

at Brussels on the 17th March, 1993, and at all times shall include

the State of Malta;

"European insurance policy" means an insurance policy issued in

an EEA State fulfilling the requirements of Article 3 of the first

motor insurance directive where the territory in which the vehicle

the use of which is insured, is normally based is an EEA State other

than Malta;

"first motor insurance directive" means Council Directive 72/

166/EEC of the 24th April, 1972 on the approximation of the laws

of the Member States relating to insurance against civil liability in

respect of the use of motor vehicles, and to the enforcement of the

obligation to insure against such liability;

"fourth motor insurance directive" means the Directive of the

European Parliament and the Council of the 16th May, 2000 on the

approximation of the laws of the Member States relating to

insurance against civil liability in respect of the use of motor

vehicles and amending Council Directives 73/239/EEC and 88/357/

EEC (No. 2000/26/EC);

"foreign information centre" means a person or body established

or approved as an information centre in an EEA State other than

Malta by virtue of Article 5(1) of the fourth motor insurance

directive;

"information centre" means the Motor Insurance Information

Centre;

"Malta insurance policy" means a policy of insurance (including

a covering note) covering the use of a vehicle on a road or other

public place in Malta which fulfils the requirements prescribed in

the Ordinance;

"the Motor Insurance Information Centre" means the Motor

Insurance Information Centre established within the Authority for

Transport in Malta;

"the Ordinance" means the Motor Vehicles Insurance (Third-

Party Risks) Ordinance;

"registered owner" in relation to a vehicle means the person,

whether as an individual or in representation of a company,

partnership or cooperative society, in whose name a motor vehicle

is registered;

"subscribing State" means a State other than an EEA State whose

national insurer ’s bureau as defined in Article 1(3) of the first

motor insurance directive has joined the Green Card System;

"vehicle" means any motor vehicle intended for travel on land

and propelled by mechanical power, but not running on rails, and

any trailer, whether or not coupled.

Part II

THE MOTOR INSURANCE INFORMATION CENTRE

(1) The Motor Insurance Information Centre shall be

responsible to perform all the functions set out in article 18A of the

Ordinance.

(2) The information centre shall establish a means of access to

the information specified in article 18A(2) of the Ordinance and in

regulations 5, 6 and 7 in a manner whereby it can co-ordinate and

disseminate that information for the purposes of these regulations.

(1) The information centre shall retain access to the

information held by it for a period not being less than that

established in article 18A(2) of the Ordinance, which period is to

commence on the day immediately following the date of expiry of

the policy of insurance to which that information relates.

(2) Where the information necessary to enable the information

centre to respond to a request from a person under regulation 9 does

not form part of the information held by it, the information centre

shall obtain from the foreign information centre of the territory in

which the vehicle is normally based such information as may from

time to time be required so as to enable it to comply with regulation

I`-`entru ta’ informazzjoni g]andu j\omm l-informazzjoni

li gejja

(a) lista tal-vetturi kollha normalment ibba\ati f’Malta, l-

ismijiet u l-indirizzi tas-sidien re[istrati tag]hom u n-

numri tar-re[istrazzjoni u tas-sistema mog]tija lil

dawk il-vetturi mill-Awtorità;

(b) lista tal-vetturi kollha normalment ibba\ati f’Malta li

jie]du vanta[[ mid-deroga mog]tija mill-artikolu 5 ta’

l-Ordinanza u n-numri tar-registrazzjoni mog]tija lil

dawk il-vetturi;

(`) fil-ka\ ta’ vettura msemmija fil-paragrafu (b), l-isem u

l-indirizz tal-persuna jew korp li jkollhom ir-

responsabbiltà li jikkompensaw lill-parti offi\a jekk l-

a``ident ikun se]] minn dik il-vettura jew jirri\ulta li

se]] mill-u\u ta’ dik il-vettura;

(d) l-informazzjoni msemmija fir-regolament 6.

Flimkien ma’ l-informazzjoni li g]andha ting]ata skond l-

artikolu 18A(3) u (4) ta’ l-Ordinanza, kull persuna jew intrapri\a

awtorizzata li to]ro[ polza ta’ assigurazzjoni g]andha, fir-rigward

ta’ kull polza ta’ assigurazzjoni ta’ Malta li tkopri vettura li hi

normalment ibba\ata f’Malta, tg]addi li`-`entru ta’ informazzjoni

din l-informazzjoni li [ejja

(a) in-numru tal-polza ta’ l-assigurazzjoni,

(b) l-isem ta’ min g]andu l-polza ta’ l-assigurazzjoni,

(`) in-numru tar-re[istrazzjoni tal-vettura li l-u\u tag]ha

ikun kopert bil-polza ta’ l-assigurazzjoni,

(d) il-bidu fis-se]] tal-polza,

(e) id-data li fiha tag]laq il-polza,

(f)

l-isem ta’ a[ent ta’ l-assigurazzjoni, jekk ikun hemm,

kull fejn dik il-polza hi ma]ru[a bl-intervent ta’

a[enzija ta’ l-assigurazzjoni.

(1) Kull persuna li tie]u vanta[[ mid-deroga provduta

skond l-Artikolu 4(a) ta’ l-ewwel direttiva dwar l-assigurazzjoni

tal-vetturi dwar kull vettura normalment ibba\ata f’Malta g]andha

\\omm record ta’ l-informazzjoni li [ejja g]all-perijodu ta’ \mien

stipulat fir-regolament 4

(a) il-marka ta’ re[istrazzjoni tal-vettura, u

(b) il-perijodu li fih ikun jew kien awtorizzat l-u\u tal-

vettura skond dik id-deroga.

(2) Persuna g]andha tg]addi minnufih li`-`entru ta’

informazzjoni l-informazzjoni msemmija fis-subregolament (1),

dwar dik il-vettura li qieg]da ti[i u\ata jew kienet qed tintu\a minn

dik il-persuna g]al aktar minn erbatax-il jum.

(3) Meta `-`entru ta’ informazzjoni hekk jitlob, persuna

g]andha tg]addi minnufih dik l-informazzjoni msemmija fis-

subregolament (1) kif jista’ jkun spe`ifikat f’dik it-talba dwar dik

il-vettura li qieg]da ti[i u\ata jew kienet u\ata minn dik il-persuna.

~ENTRU TA’ INFORMAZZJONI DWAR

L-ASSIGURAZZJONI TA’ VETTURI BIL-MUTUR

L-informazzjoni msemmija fir-regolamenti 5, 6 u 7

g]andha ti[i mg]oddija li`-`entru ta’ informazzjoni f’dik il-forma

u f ’dak i\-\mien hekk kif i`-`entru ta’ informazzjoni jista’

jistabbilixxi minn \mien g]al \mien.

(3) Where the information centre is satisfied that a valid

request for the name and address of the registered owner of a

vehicle has been made to it pursuant to regulation 9, and such

information is not available to it, it shall immediately obtain and

respond to any such request from such other source as is available

to it.

(4) The information centre shall co-operate with every foreign

information centre to the extent necessary to enable those centres to

discharge their functions under their international commitments.

5. The information

centre

shall

keep

the

following

information

(a) a list of all vehicles normally based in Malta, the

names and addresses of their registered owners and the

registration and system numbers assigned to them by

the Authority;

(b) a list of all vehicles normally based in Malta which

take advantage of the derogation provided in article 5

of the Ordinance, and the registration numbers

assigned to each of these vehicles;

(c) in the case of a vehicle mentioned in paragraph (b), the

name and address of the person or body designated as

responsible for compensating an injured party if an

accident is caused by or arises out of the use of such a

vehicle;

(d) the information which is specified in regulation 6.

6. In addition to the information to be tendered pursuant to

article 18A(3) and (4) of the Ordinance, each authorized insurer or

insurance undertaking shall in relation to every Malta insurance

policy which covers a vehicle which is normally based in Malta,

provide the information centre with the following information

(a) the number of the insurance policy,

(b) the name of the policyholder,

(c) the registration number of the vehicle the use of which

is covered by the policy,

(d) the commencement date of such policy,

(e) the expiry date of such policy,

(f)

the name of the insurance agent, if any, wherever such

policy is issued through the intervention of an

insurance agency.

7. (1) Every person who takes advantage of the derogation

provided in Article 4(a) of the first motor insurance directive in

respect of any vehicle normally based in Malta shall maintain a

r e c o r d o f t he f o l lo w i ng i nf o r m a t i o n f o r t h e p e r i od o f t i m e

stipulated in regulation 4

(a) the registration mark of the vehicle, and

(b) the period during which the use of the vehicle is or was

authorised by virtue of that derogation.

(2) Every such person shall supply immediately to the

information centre the information set out in subregulation (1), in

respect of any vehicle for which that person is or was the user for

more than fourteen days.

(3) Where the information centre so requests, every such

person shall supply to it immediately so much of the information

set out in subregulation (1) as may be specified in that request in

respect of any vehicle which that person is or was the user.

8. The information specified in regulations 5, 6 and 7 is to be

supplied to the information centre in such form and within such

time as may be established from time to time by the information

centre.

MOTOR VEHICLES (INSURANCE INFORMATION CENTRE)

9. (1) Where this regulation applies, an injured party or the

Commissioner of Police or the Community Officers Agency may

request the information centre to provide to him the information

described in subregulation (4) in respect of every vehicle involved

in the accident which is normally based in an EEA State.

(2)

This regulation applies where -

(a) an accident, caused by or arising out of the use of a

vehicle which is normally based in an EEA State,

occurs in Malta;

(b) an accident, caused by or arising out of the use of a

vehicle, occurs on the territory of -

(i) an EEA State other than Malta, or

(ii) a subscribing State,

and that vehicle is normally based in Malta;

(c) an accident, caused by or arising out of the use of a

vehicle which is normally based in an EEA State,

occurs on the territory of -

(i) an EEA State other than Malta, or

(ii) a subscribing State,

and an injured party resides in Malta.

(3) The information centre shall provide the information

requested if the request is -

(a) made in writing,

(b) contains sufficient evidence to show it is connected

with an accident as is mentioned in subregulation (2),

and

(c) contains sufficient information to identify the vehicle

in respect of which the information is being sought.

(4) The information which may be requested in respect of a

vehicle is -

(a) the name and address of any insurer who has issued a

Malta insurance policy or European insurance policy

covering the use of that vehicle at the time the accident

occurred;

(b) the number of that policy;

(c) the name and address of that insurer’s claims

representative in the State of residence of the injured

party; and

(d) where the information centre is satisfied that the

injured party has a legitimate interest in obtaining that

information, the name and address of the registered

owner of the vehicle or, where the territory in which

the vehicle is normally based is an EEA State other

than Malta, the person having custody of the vehicle.

(5) Where an injured party, or the Commissioner of Police or

the Community Officers Agency has requested information in

respect of a vehicle which may lawfully be used on a road or other

public place in Malta without there being in force a Malta insurance

policy, the information centre shall provide the injured party, or the

Commissioner of Police or the Community Officers Agency, with

the name and address of the person or body designated as

responsible for compensating injured parties and referred to in

subregulation (4)(d).

(6) The information centre shall provide information pursuant

to this regulation in writing immediately after it receives the

request.