MOTOR VEHICLES INSURANCE (THIRD- PARTY RISKS) (INSURANCE EXEMPT VEHICLES) REGULATIONS

MOTOR VEHICLES INSURANCE (THIRD-PARTY RISKS)

(INSURANCE EXEMPT VEHICLES)

SUBSIDIARY LEGISLATION 104.08

MOTOR VEHICLES INSURANCE (THIRD-

PARTY RISKS) (INSURANCE EXEMPT

VEHICLES) REGULATIONS

5th August, 2008

LEGAL NOTICE 189 of 2008, as amended by Legal Notice 12 of 2016.

The title of these regulations is the Motor Vehicles

Insurance (Third-Party Risks) (Insurance Exempt Vehicles)

Regulations.

(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.

In these regulations, unless the context otherwise requires

"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" means 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 shall be exempt from

the requirements of an insurance certificate, international or

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

(1) Pursuant to the proviso of article 3(4)(b) of the

Ordinance, compensation for injuries or damages sustained by the

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

Protection and Compensation Fund established by article 9C of the

Ordinance.

(2) In the event that the Protection and Compensation Fund

effects payment for injuries or damages sustained by the use of

vehicles referred to in article 3(4) of the Ordinance, the Fund shall

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

and, without prejudice to the generality of this provision, shall have

a claim against the Guarantee Fund provided for in Article 1(4) of

Directive 84/5/EEC in the designated State where the vehicle is

normally based.

MOTOR VEHICLES INSURANCE (THIRD-PARTY RISKS)

(INSURANCE EXEMPT VEHICLES)

(3) 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 are satisfied.

(4) The Fund shall only be liable to make payments under this

regulation up to such limits of liability as are prescribed under

article 4(1) of the Ordinance.