2 AOUT 2002. - An Act to amend the Act of 21 November 1989 on the compulsory insurance of civil liability in respect of motor vehicles and to amend sections 29 and 31 of the Act of 25 June 1992 on the land insurance contract

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. In the Act of 21 November 1989 on compulsory liability insurance for self-propelled vehicles, a chapter IIbis read as follows:
“Chapter IIbis . - Pricing Office
Art. 9bis . § 1^er. It shall be established, within the Joint Guarantee Fund referred to in Article 79, § 2, of the Act of 9 July 1975 relating to the control of insurance companies, a Pricing Office which has the task of establishing the premium and conditions to which an insurance company is required to cover a person subject to the obligation of Article 2 and which is in the conditions fixed by or under this chapter.
§ 2. The office consists of four members representing insurance companies and four members representing consumers, appointed by the King for a term of six years. These members are selected on two double lists presented respectively by the professional associations of insurance companies and by associations whose purpose is to defend the interests of consumers.
The King also designates for each member an alternate. Alternates are chosen in the same way as the actual members.
The King appoints, for a term of six years, a president who does not belong to the previous categories. The office can join experts without a deliberate voice.
The Minister with economic affairs in his office may delegate an observer to the office.
§ 3. The Joint Guarantee Fund provides the secretariat and daily management of the Pricing Office.
The Pricing Office shall establish its rules of procedure and submit it to the Minister with the Economic Affairs in his or her powers for approval.
Art. 9ter . § 1^er. Any person subject to the obligation of section 2 may apply to the Pricing Office when at least three insurance companies to which they have applied have refused to grant them coverage.
§ 2. The proposal of a premium above the threshold defined by the King is considered to be a refusal.
This threshold is determined by multiplying the lowest premium of the insurance company's rate for a self-propelled vehicle identical to that covered by the 5. This coefficient can be modified by the King without it being less than 4.
§ 3. The proposal of a franchise above the threshold defined by the King is considered to be a refusal.
This threshold is determined by multiplying the lowest premium of the insurance company's fare for a self-propelled vehicle identical to that subject to the coverage request by 3. This coefficient can be modified by the King without it being less than 2.5.
§ 4. The King may subdivide the coefficients referred to in paragraphs 2 and 3 in particular depending on the age, the seniority of the driver's license and the driver's loss statistics.
§ 5. The insurance company is required to inform the insurance applicant that it is in one of the cases referred to in §§ 2 and 3.
Art. 9quater . § 1^er. The application must be filed with the Pricing Bureau within two months of the refusal or proposed pricing referred to in section 9ter . It is not admissible when the applicant received an offer from the Pricing Bureau, for the same risk, within nine months prior to that refusal or proposal.
§ 2. The Pricing Office sets the award taking into account the risk that the insurance licensee presents and the solidarity between all insured persons. It may impose conditions to reduce the risk that the insurance taker presents.
§ 3. The Pricing Office makes a pricing proposal in the month of receipt of the application and the information necessary to establish the pricing. The proposal is notified to the applicant within eight days. It is valid for a month from its expedition.
Art. 9quinquies. § 1^er. The Pricing Office entrusts the management of the risks tariffed by it to one or more insurance companies members of the Joint Guarantee Fund established by Article 79, § 2, of the Act of 9 July 1975 referred to above.
§ 2. The result of the loss management of risk tariffed by the Pricing Office is integrated into the accounts of the Fund.
§ 3. The King may set rules to distribute this result among insurance companies members of the fund. »
Art. 3. Section 1 title^re Chapter V of the Act is replaced as follows:
Section 1^re - seizures and other similar measures.
Art. 4. Chapter V, section 1^re, of the same law, is inserted an article 19bis, which reads as follows:
"Art. 19bis . The Joint Guarantee Fund, established by Article 79, § 2, of the Act of 9 July 1975 on the control of insurance companies, is responsible for collecting all information allowing the application of the provisions of this chapter.
Where the Joint Guarantee Fund is located, on the basis of information collected under section 80, § 6, of the same law in the impossibility of immediately identifying the insurance company of a self-propelled vehicle, this fund invites the owner of the self-propelled vehicle to provide it with any information that would enable it to establish the insurance situation of its self-propelled vehicle.
If there is no response in the month of the application or the result of the response provided that the self-propelled vehicle does not comply with the mandatory liability insurance regulations for self-propelled vehicles, the fund shall report this situation without delay to judicial police officers, officials or agents referred to in Article 20. The measures referred to in Article 20. »
Art. 5. Section 20, first paragraph, of the Act, is replaced by the following paragraphs:
Without prejudice to the powers granted by the Code of Criminal Investigation, any judicial police officer and any officer or officer of the qualified public authority to make records of the offence leader in this Act may, where it is necessary to believe that the civil liability to which a self-propelled vehicle may be brought in public or on any of the grounds referred to in Article 2, § 1^er is not covered, enter the vehicle or its registration marks.
When the vehicle is not put in public traffic, the same officers, officials and agents may also take any action to ensure that the vehicle will not be put in circulation on the public track or the land referred to in Article 2, § 1^er. »
Art. 6. Article 29, § 2, paragraph 1^erof the law of 25 June 1992 on the earth insurance contract the words "31, § 1^er, paragraph 2" are replaced by the words "31, § 1^er".
Art. 7. The following amendments are made to section 31 of the Act:
(1) § 1^erParagraph 2 is replaced by the following subparagraphs:
"Resiliation takes effect not earlier than three months after the date of notification.
However, it may take effect one month after the date of its notification when the insurance taker, the insured person or beneficiary has failed in any of the obligations arising from the occurrence of the claim in the intention of deceiving the insurer, provided that the insurer has filed a complaint against one of these persons before an investigating judge with the constitution of a civil party or cited it before the court of judgment, on the basis of sections 19396,
The insurer is required to repair the damage resulting from this termination if the insurer has distracted from its action or if the public action has resulted in a dismissal or acquittal. »;
(2) a § 2bis is inserted as follows:
"§ 2bis . In insurance covering compulsory civil liability for self-propelled vehicles, the insurer may not reserve the right to terminate the claim contract unless the insurer has paid or will have to pay compensation for injured persons, except for payments made under section 29bis of the Act of 21 November 1989 relating to the compulsory liability insurance for self-propelled vehicles.
In cases where termination is not permitted within the meaning of the preceding paragraph, the insurer's termination of a warranty annexed to the civil liability contract does not allow the insurer to invoke the provisions of section 12 to terminate the civil liability contract. »
Promulgate this law, order that it be put on the seal of the state and published by the Belgian Monitor.
Given in Punat, 2 August 2002.
ALBERT
By the King:
Minister of Justice,
Mr. VERWILGHEN
Minister of Economy,
Ch. PICQUE
Seal of the state seal:
Minister of Justice,
Mr. VERWILGHEN
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Note
(1) Regular session 1999/2000.
Senate.
Parliamentary documents . - Mr. Monfils' bill.
Regular session 2000/2001.
Amendments. - Report. Text adopted by the Commission. Text adopted in plenary meeting and transmitted to the House of Representatives.
Annales du Sénat : 1^er February 2001.
House of Representatives.
Parliamentary documents. - Project transmitted by the Senate. Amendments. Report. Text adopted by the Commission.
Amendments filed after filing of the report.
Amendments. Supplementary report. Text adopted by the Commission.
Amendments submitted after filing of the report. Text adopted in plenary and referred to the Senate.
Annales de la Chambre des représentants : 7 mars et 16 mai 2002.
Senate.
Parliamentary documents. - Project amended by the House. Amendments. Amendments filed after approval of the report. Decision to join the bill amended by the House.