The Act On The Liability Insurance Of The Vehicle

Original Language Title: zákon o pojištění odpovědnosti z provozu vozidla

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Read the untranslated law here: https://portal.gov.cz/app/zakony/download?idBiblio=47910&nr=168~2F1999~20Sb.&ft=txt

168/1999 Coll.



LAW



of 13 October. July 1999



on liability insurance for damage caused by operation of the vehicle and amending

some related laws



(law on the liability insurance of the vehicle)



Change: 307/1999 Coll.



Change: 56/2001 Coll.



Change: 320/2002 Coll.



Change: 47/2004 Sb.



Change: 377/2005 Sb.



Change: 57/2006 Sb.



Modified: 296/2007 Sb.



Change: 137/2008 Sb.



Change: 137/2008 Coll. (part), 274/2008 Sb.



Change: 278/2009 Sb.



Change: 281/2009 Sb.



Change: 341/2010 Sb.



Modified: 18/2012 Sb.



Change: 160/2013 Coll. (part)



Change: 160/Sb, Sb 303/2013.



Change: 239/Sb.



Change: 354/2014 Sb.



Parliament has passed the following Act of the United States:



PART THE FIRST



LIABILITY INSURANCE OF THE VEHICLE



The first section



Introductory provisions



§ 1



(1) this Act incorporates the relevant provisions of the European

the communion "^ 1") and modifies the



and) liability insurance for damage caused by operation of the vehicle (hereinafter referred to as

"liability insurance"),



(b)) the establishment of the Czech insurers ' Bureau (hereinafter "the Office"), its

legal status, organisation and activities.



(2) unless otherwise provided by this Act, may, on the highway, ^ highway 1a) ^ 2)

local communication ^ 3) and special-purpose communication, with the exception of special-purpose

communication, which is not publicly accessible ^ 4) (hereinafter referred to as "land

communication "), operate the vehicle only because the obligation to replace

the injury caused by the operation of this vehicle is insured in accordance with this

the law. The obligation of liability insurance must be true even if

leaving the vehicle on the road.



(3) unless otherwise provided by this Act, liability insurance is governed by the

the civil code.



§ 2



Definition of terms



For the purposes of this Act, means the



a) vehicle a road vehicle, a special vehicle, the trolleybus ^ 5); for

the vehicle shall not be considered a wheelchair, and non-motorised vehicle upholstery

vehicle towed or pushed by a person walking, bicycle and scooter, if

they are approved as a type of vehicle, motorcycle,



b) domestic vehicle means a vehicle which is subject to registration of road

vehicles kept under the Act concerning the conditions of the use of vehicles on the road

^ Highway 9) (hereinafter referred to as "vehicle registration"), or a vehicle that

is not subject to vehicle registration and is owned by natural persons with

residence or place of business in the territory of the Czech Republic or a legal

persons established in the territory of the Czech Republic, or a vehicle that has been

sent to the United States from another Member State [the letter l)],

If the Czech Republic by the State of destination, for a period of 30 days

as from the date when the buyer person vehicle took over, even if the vehicle

It has not been registered in the Czech Republic,



c) foreign vehicle means a vehicle which is equipped with a foreign State

registration mark, or a vehicle that is not equipped with a foreign State

registration mark and is owned by a natural person residing or

place of business is outside the United States, or legal entities

located outside the territory of the Czech Republic,



(d)) the insurer undertaking which is under a special legal

prescription ^ 10) authorized to operate on the territory of the Czech Republic insurance

liability,



(e)) the policyholder, one who has entered into a contract of insurance with the insurer

liability,



(f)), on the insured the obligation to pay injury insurance

liability applies,



g) damaged one vehicle was caused by the injury and has the right to

to compensation,



h) harmful act causing injury to vehicle traffic,



I) insurers ' Bureaux professional organisation bringing together insurance undertakings,

that are in a particular State shall be authorized to carry liability insurance,



j) registration place of the administrative authority which is competent to register

vehicles under the Act concerning the conditions of the use of vehicles on the road

roads,



k) green card international certificate proving the fact that the

the vehicle was a contract for the insurance of liability for injury

caused by operation of vehicles referred to in this certificate,



l) by the Member State, the Member State of the European Union or other State forming

The European economic area,



m) the territory in which the vehicle is normally based,



1. the territory of the State whose license plate number or other registration

the brand name is the vehicle, regardless of whether the mark is a

permanent or temporary, or



2. the territory of the State in which the mark assigned to the vehicle by the insurer, or other

the distinguishing mark was issued, if the vehicle is not subject to registration

vehicles, but the tag is placed on the vehicle allocated to the insurer or the

other distinguishing mark which is similar to a vehicle registration plates, or



3. the territory of the State in which the owner or co-owner (hereinafter referred to as

the "owner") of the vehicle, if the place of residence of such vehicle does not require

or license plate or mark assigned by the insurer, or other

the distinguishing mark which is similar to a vehicle registration plates, or



4. the territory of the State in which the harmful event occurred, if it is a

vehicle without registration, although such a mark should be

the latter, or a vehicle with a license plate number or other

registration number, which does not correspond or no longer corresponds to the vehicle,

and that, in cases of delivery in accordance with § 24 para. 2 (a). (b)).



Section two



Liability insurance



§ 3



The insurance contract



(1) the insurance liability arises on the basis of the insurance contract concluded by the

between the policyholder and the insurer. The insurer is always obliged to conclude

the insurance contract, if a proposal to its conclusion is not contrary to this

the law, the law governing the insurance contract or the insurance conditions

the insurer. In the insurance contract, the parties may from this

the law depart only if this does not reduce or limit

claims for damaged, arising from the law on the compensation of insurance

liability caused by the operation of the vehicle. Liability insurance cannot be

Abort ^ 11), unless otherwise agreed in the insurance contract. If there was a

agreed in the insurance contract interruption, liability insurance is

the policyholder shall before the beginning of the interruption of insurance to demonstrate

the insurer of the vehicle was decommissioned under the law on

the conditions of operation of vehicles on the road, if it is about

a vehicle that is subject to the registration of vehicles. At the time of the interruption insurance

responsibility is the obligation to liability insurance.



(2) to conclude the insurance contract of insurance shall be obliged to

owner of the domestic vehicle or driver of a foreign vehicle,

unless otherwise provided by this Act. This does not affect the right to conclude such

contract as insurance foreign insurance risks. Once the locking

the Treaty on liability insurance can insure the liability from the operation of

more vehicles, if they have the same owner, or of the same operator or

If the policyholder has to contract insurance interest based

by providing a loan or other similar financial services, whose purpose is

the acquisition of title to the vehicle, or, if the owner or

the vehicle operator and the policyholder has been part of the same group.



(3) immediately after the conclusion of the insurance contract, relating to domestic

the vehicle, the insurer shall issue the policyholder a green card.



(4) the insurance contract contains the



and the insurer and the policyholder) identification and vehicle data,



(b)) the insurance period,



c) limit of indemnity,



(d)) insurance premiums, its maturity and the manner of its payment and



(e) and place the notice) form of the insured event; If the liability insurance

operated in the form of temporary provision of services, also the home address

or place of business or registered office claims representative under section 9b.



(5) if at the time of conclusion of the insurance contract or the amendments thereto are not

aware of some details of the vehicle, which, however, they do not render his

identify, communicate them to the policyholder to the insurer within a period which

the insurer shall designate, no later than 15 days from the date of conclusion of the insurance

of the Treaty. Change of information relating to the vehicle the policyholder and shall notify the

the policyholder to the insurer within 15 days from the date when this change occurred.



section 3a



Limits of indemnity



(1) For the purposes of this law, the limit of indemnity means

the top border of the insurer's performance at a single insured event. Limits

the indemnification shall be listed separately in the insurance contract,

in a way that corresponds to the breakdown of the limits of indemnity referred to in

paragraph (2).



(2) the Limit of indemnity must correspond to the



and when the injury) according to § 6 paragraph 1. 2 (a). and 35 000 000 CZK for) at least every

the injured or usmrceného, including the reimbursement of costs incurred for the care

paid for by public health insurance and the regression of the claim under section

6 (1). 4,



(b)) when the injury under section 6 (1). 2 (a). (b)), and (c)) at least 35 000 000 CZK

regardless of the number of victims; If the total exceeds the claims

more garbled limit of indemnity indicated in the insurance contract,

insurance benefits each of which decreases in proportion to the limit

the sum of the rights of all victims.



(3) within the limit referred to in paragraph 2 (a). (b)), pursuant to section 6 (1). 4 shall be borne by

the cost of the intervention of the fire brigade of the Czech Republic (hereinafter referred to as


"fire brigade") and units of the Corps of the voluntary fire brigade of the municipality,

in the case of intervention in relation to the damage in accordance with § 6 para. 2.



section 3b



Determination of the amount of insurance premiums



(1) an insurer is required to establish the amount of the insurance to ensure

Permanent satisfiability liabilities arising operation insurance

liability and payment of contributions by the Office pursuant to § 18 para. 5,

in particular, sufficient production assets whose sources are technical

reserves under the law governing the insurance industry ^ 11a).



(2) when negotiating insurance premiums in the insurance contract shall take into account

the insurer total previous claims of liability insurance

the policyholder, and discounts on insurance in the event of bezeškodného during

insurance or surcharge to premiums in case of payment of insurance premiums

the performance of the insurance liability. In the insurance contract can agree that

take into account the claims of the person who operates the vehicle, if the person

different from the policyholder. Taking into account the preceding claims ratio

the insurer shall not take into consideration the time of the interruption of the insurance liability. In

this case, taking into account the preceding claims ratio times

interruption insurance not included in the insurance period of the

insurance. Method of determining the amount of the premium, the insurer shall submit to the

the control of the Czech National Bank to its written request, including

the statistical data on which the method of determining the amount of insurance premiums

based, and a confirmation of the responsible actuary ^ 11b)

the accuracy of the method of determining the amount of the premium.



§ 4



cancelled



§ 5



Exceptions from liability insurance



(1) the obligation to take out insurance under this Act does not



and a foreign vehicle) driver, which is the holder of a valid green card

issued by an insurance company in a foreign State, or of a vehicle whose insurance

liability in the territory of the Czech Republic is guaranteed by insurers ' bureaux

foreign State



b) component of the integrated rescue system for all vehicles

not used to the business and constantly updated included in annex

the emergency plan of the integrated rescue system of the region, ^ 12)



(c) the security information service) for her vehicle, operated by the General

inspection of security forces for her vehicle, operated by the Ministry of

Defense for vehicles operated by the military intelligence and the Ministry of

the Interior for vehicles operated by the Office for foreign relations and information

and vehicles of the Czech Republic police departments responsible for investigating

under special legislation ^ 12a), village for vehicles operated

units of the Corps of the voluntary fire brigade of the municipality and the Ministry of Finance (hereinafter

' the Ministry ') for authorized vehicles operated by the Customs authorities,

under a special legal regulation ^ 12a) position

the police authority.



(2) to the vehicle referred to in paragraph 1 (b). (b)), and (c)) (hereinafter referred to as "the vehicle with

the exception from liability insurance ") to issue a green card by the Ministry.

Lapses if the reason for which the vehicle, with the exception of the insurance

responsibility of the green card is issued, is the one who operates such a vehicle,

the green card shall be obliged to return to the Ministry.



The scope of liability insurance



§ 6



(1) liability insurance shall apply to any person who is

shall make good the injury caused by the operation of vehicles referred to in the insurance

the contract.



(2) unless otherwise provided by this Act, the insured has the right to an insurer

It has paid to the extent and under the civil code

the injured party



caused by injury) bodily harm or killing,



(b) the damage caused by damage), destruction or loss of a thing,

as well as damage caused by theft case, if a natural person has ceased to be

It's ability to cherish,



(c)) loss of profit,



d) reasonably incurred costs associated with legal representation when

claims referred to in points) to c); in respect of the damage suffered by

subparagraph (b)), or (c)), however, only in the case of fruitless expiry of the period referred to in section 9

paragraph. 3 or unauthorized refusal or unjustified reduction

indemnity by the insurer,



If your claim and demonstrated and if the insured

event from which the damage occurred, and that the insured shall be obliged to

replace, occurred in the time of duration of the insurance liability, with the exception of the period of

his break.



(3) the injury referred to in paragraph 2 (a). ) to c) shall be replaced in cash no more than

to the limit of indemnity provided for in the insurance contract.



(4) the insured person has the right to the insurer has paid for it the appropriate

health insurance put forward and proven a claim for costs

incurred medical expenses paid from public health

insurance under the law governing public health insurance ^ 15a)

If health insurance were spent by these health care costs

provided by the victim, if the insured event from which the damage

It was founded and which the insured person is obliged to compensate, occurred in the duration of the

liability insurance, with the exception of the period of interruption. This is true

Similarly, in the case of damages to be paid to the insured person of the prescribed

under the law governing sickness insurance ^ 15b) and in the case of payment of the

the cost of the fire brigade of units or Corps of volunteer

firefighters of the village according to § 3a paragraph 2. 3.



(5) the insurance contract concerning liability insurance must be

closed so that this insurance on the basis of a single premium, true

on the territory of all the Member States and the other States referred to in the list of

States, which establishes the Ministry decree. The insurer is obliged to this

the validity of the green card insurance on the mark.



(6) liability insurance is also valid on the territory of other States than the States

referred to in paragraph 5, if the insurer this insurance validity on

green card marked.



(7) in the case of injury caused by the operation of a domestic vehicle in the territory of

another Member State, the scope of legal liability insurance

editing this in another Member State, if under this Act, or

According to the insurance contract is not wider.



(8) On the injury caused by the operation of the vehicle, a citizen of a Member State during

its a direct journey between two territories of the Member States, if the

the territory of which that person passes on which the event occurred, from which

the injury was not covered by the scope of any national insurers ' bureaux,

covered by the legislation of the Member State in whose territory the

the vehicle is normally based.



§ 7



(1) an insurer shall stipulate



and the injury suffered by) the driver of the vehicle, which was injury

caused by,



(b)) damage according to § 6 paragraph 1. 2 (a). (b)), and (c)) that the insured person is obliged to

replace your husband or with him at the time of occurrence of an insured

the event lived in the same household, with the exception of damages in accordance with § 6 para.

2 (a). (c)), if such damage is related to injury under section 6 (1). 2 (a).

and)



(c) any damage to the vehicle) of which the damage was caused by, as well as on the

goods carried by the vehicle, with the exception of damage caused by the

things that you had this vehicle transported person at the time of the occurrence

events on their own or together, to the extent to which the insured person

shall be obliged to replace the damage,



(d)) under section 6 (1). 2 (a). (b)), and (c)) incurred between vehicles driving

Kit consisting of a motor and trailer, as well as damage to

goods carried by these vehicles, if they are not on the harm caused by

the operation of another vehicle,



e) injury handling of cargo vehicle is stationary,



f) expenditure resulting from granting medical care, sickness benefits,

insurance (care) or pensions from pension insurance as a result of the injury

to health or killing, which suffered a driver of the vehicle, which

This injury was caused,



(g)) the injury caused by the operation of the vehicle during its participation in organized

Moto race or contest, with the exception of injury when

such participation, if the driver is in this race or competition

obliged to comply with the rules of operation on the road,



h) injury operation of the vehicle when a terrorist crime or war

the event, if this operation has a direct correlation with this Act, or

event.



(2) if the injury was caused by the owner of the vehicle the operation of his vehicle,

that the time of injury followed by another person, or a person with

the vehicle, which was the injury caused by that person, lawfully

treated as its own, or with which it legitimately exercises his right to

yourself, and if at the time of the injury was driving the vehicle, the other person is

the insurer shall pay the owner of the only injury to that person or

According to § 6 paragraph 1. 2 (a). and reimbursement of costs), including the spent on care

paid for by public health insurance and the regression of the claim under section

6 (1). 4.



(3) in the event of a collision of vehicles that are owned by the same person

the injury caused by that person pays only if it is a different

operators involved in the occurrence of an insured event, and if

at the same time, this person is not the operator of a vehicle to which this injury

caused by.



(4) the execution for the injury caused by the operation of the vehicle in so far as it is

the insured shall be obliged to replace this injury and by duly demonstrated,


cannot be refused or reduced except as provided in this Act.



§ 8



Obligations of the insured



(1) the insured shall without undue delay notify in writing the

the insurer, that the harmful event occurred, indicating the facts

concerning this event, presenting the relevant documents and in

during the investigation of the incident in accordance with the instructions

the insurer.



(2) the insured person is obliged to the insurer in writing without undue delay

to inform you that



and it was against him) claimed the right to compensation for the damage and comment on

the required compensation and the amount of,



(b)) in the context of the harmful act was initiated administrative or criminal

management and immediately inform the insurer about its progress and outcome,



(c)) the victims claimed to compensation at the Court or

other competent authority, if this fact.



(3) the insured person is obliged to prove the victim without undue delay on the

its request, any information necessary for the exercise of the right of the injured party on the implementation of

According to § 9 para. 1, but at least



and) your name or names, and surname and place of residence, the name or

business name and registered place of



(b)) the name or names, and surname and place of residence, the name or business

name and address of place of business, where the owner of the vehicle,



(c) the name and address of business) of the insurer, where the address of the

the branch of the insurer in the Czech Republic,



(d) insurance contracts and number)



e) in the case of a vehicle that is subject to state registration of vehicles,

the license plate of the vehicle, which the injury was caused by.



(4) the insured shall not liable in the event of an accident

notification of the police of the Czech Republic under the law governing the operation of the

road safety ^ 15 c) without undue delay, submit

the insurer of the joint record of the traffic accident ^ 15 d).



(5) if the insurer requires from the insured person in case of traffic accident

under paragraph 4, notify the police of the Czech Republic, will pay the

the associated costs to the insured person.



§ 9



Insurance benefits



(1) the injured party has the right to exercise his right under section 6 in

the relevant insurer or at the Office, in the case of a claim for performance

of the guarantee fund referred to in section 24. When a claim is obliged to

submit a joint record of the traffic accident ^ 15 d), if it is about

the accident is not subject to notification of the police of the Czech Republic according to

the law governing traffic on roads ^ 15 c).



(2) the performance of the insurer shall be payable within 15 days, as soon as the insurer ended up

the investigation required to ascertain the extent of its obligations or as soon as

the insurer has received a final court decision on its obligations

to provide indemnity.



(3) an insurer is required to make an investigation of the incident without

undue delay. Within 3 months from the date on which the qualified

the person claimed on the implementation of the liability insurance, it is

insurer shall



and the investigation of a claim) to stop and tell the victim of

Indemnity claims by the injured party, including how

the determination of the amount of the obligation has not been contested by the insurer

carry out the liability insurance and claims the victim have been shown,

or



(b) submit a written explanation to the victim) to those it claims,

that were rejected by the insurer or for which the performance

the insurer is reduced, or for which it was not possible within the time limit

to terminate the investigation.



(4) if the insurer has not fulfilled the obligation under paragraph 3, the

the amount of the indemnity to which the arrears of the insurer concerned about the interest of the

the delay. The rate of interest on arrears shall be fixed at a discount rate

set by the Czech National Bank valid on the first day of delay,

plus 4% per year. Interest on arrears shall be determined separately for always

every month of delay in twelfths of the rate of interest on

delay, and the rate of interest on arrears shall be updated each month with the

using a discount rate of the Czech National Bank valid on the first day

the month of delay. Interest derived on the basis of the discount

rates shall apply, unless the insurance contract provided for a greater amount.



(5) if the threatened proceedings concerning an offence under a special legal

prescription ^ 16) or the hearing of the administrative offense, tells the authority

enforcement authority hearing an administrative offence or the insurer of the

or the Office of the traffic accident data in the range, under a special

legislation, 16a) or ^ will allow him to access to the file and

take from the extracts in a case concerning the incident.



§ 9a



The claims representative of the insurer in another Member State



(1) an insurer established in the territory of the United States shall appoint in each

another Member State your claims representative. This also applies to

the insurer, based in the territory of a Member State other than the (hereinafter referred to as

"third State") with the exception of those of the Member States, in which he was

granted permission to carry liability insurance. This claims

the representative shall have, in the case of a natural person, residence or place

business, and in the case of a legal person, its registered office in a Member State, in

which it was defined.



(2) the claims representative referred to in paragraph 1 shall examine on behalf of and for the account of

the insurer of the insured event, including the final settlement of claims

raised by victims. For this purpose, collects the information necessary to

examination of the claims of the injured party, and carries out measures for their settlement,

If the injury was caused by the operation of the vehicle,



and) to which the insurer agreed in another liability insurance

Member State other than the State in which the injured party has a place of residence,

of business or registered office,



(b)) which is normally based in a Member State other than the State in

which has a damaged residence, place of business or registered office, and



(c)) if such injury in another Member State other than the State in which the

It has damaged the residence, place of business or registered office, or



d) if there is such injury in a third State, whose Office insurers

joined the green card system.



(3) the claims representative referred to in paragraph 1 may be active and for more

insurers. Must be authorised to represent the insurer in relation to the

the victim, to the settlement of claims by the injured party in its entirety and able to

to act in an official language of the Member State of residence of the

the injured party. The appointment of a claims representative referred to in paragraph 1 shall not preclude

the right of the injured party to exercise the right to compensation directly against a person

This caused the injury, or against the competent insurer.



(4) the appointment of a claims representative referred to in paragraph 1 is not the establishment of a branch

the insurer and the activities of the claims representative are not considered to be a form of

establishment in the territory of another Member State (hereinafter referred to as the "establishment").



(5) an insurer is required to communicate to the Office the name or names, and

last name and address of the place of residence, place of business or business name

the claims representative referred to in paragraph 1, if a natural person, or

business name or name and address, in the case of a legal person, State

its scope and all the changes within 7 days from the date of his appointment

or make a change. The Office forwards the information without undue

delay by the national information centres of the Member States.



§ 9b



The claims representative of the insurer in another Member State for the Czech

Republic



(1) an insurer established in another Member State which

has liability insurance in the Czech Republic on the basis of

the freedom to temporarily provide services is required to establish in the Czech

Republic of your claims representative.



(2) the claims representative referred to in paragraph 1 on behalf of and for the account of the insurer

hearing of the incident, including the final settlement of the victims

claims. For this purpose, collects the information necessary to

examination of the claims of the injured party, and carries out measures for their settlement,

If the injury was caused by the operation of the vehicle,



and) to which he had arranged for liability insurance, the insurer shall, if the

damaged residence, place of business or registered office in the Czech Republic, and



(b)) if such injury within the territory of a Member State or of another State

According to § 6 paragraph 1. 5 or 6.



(3) the claims representative referred to in paragraph 1 may be active and for more

insurers. Must be authorised to represent the insurer in relation to the

the victim, to the settlement of legitimate claims of the injured party in full

the range and able to act in the Czech language. The appointment of a claims representative

referred to in paragraph 1 shall not preclude the right of the injured party to exercise the right to compensation

injury directly against the person who caused the injury, or against

to the appropriate insurer.



(4) the appointment of a claims representative referred to in paragraph 1 is not the establishment of a branch

the insurer and the activities of the claims representative are not considered to be a place of business.



(5) an insurer is required to communicate to the Office the name or names, and

last name and address of the place of residence, place of business or business name

the claims representative referred to in paragraph 1, if a natural person, or

business name or name and address, in the case of a legal person,

within 7 days from the date of his appointment. All changes relevant to this


claims representative, the insurer shall notify the Office, and that up to 7

days from the date of implementation of this change.



(6) the claims representative referred to in paragraph 1 shall represent the insurer in accordance with

paragraph 1 in relation to the Office in cases provided for in section 15 and section 24

paragraph. 7 and 9, even if jednatelské permission according to § 18 para. 9 it is for

the other person.



§ 9 c



The claims representative of the insurance undertaking for the Czech Republic



(1) the claims representative appointed in accordance with the law of the European

"^ 1") community in the Czech Republic by an insurance undertaking which has been granted in

Member States other than the Czech Republic permit to operate

liability insurance and liability insurance in the Czech Republic

does not operate, on behalf of the insurance company and on behalf of the insured

the event, including compensation for the injury caused by the damaged vehicle,



and) to which the insurance company has negotiated an insurance liability, if

damaged residence, place of business or registered office in the Czech Republic,



(b)) which is normally based in another Member State than in the Czech

Republic and



(c)) if such injury in another Member State than in the Czech Republic,

or



d) if there is such injury in a third State, whose Office insurers

joined the green card system.



(2) the claims representative referred to in paragraph 1, the information required to collect the

examination of the claims of the injured party, and carries out measures for their settlement,

If the injury was caused by the operation of the vehicle if the insurance company has negotiated

liability insurance of the vehicle effective at the time of

insured event. Must be authorised to represent the insurer in respect of

to the victim, to the settlement of legitimate claims of the injured party in full

the range and able to act in the Czech language. The appointment of a claims representative

referred to in paragraph 1 shall not preclude the right of the injured party to exercise the right to compensation

injury directly against the person who caused the injury, or against the

the insurance company.



(3) the claims representative referred to in paragraph 1 in relation to the injured party exercises

the rights and obligations of the insurer under this Act, including the

represent the insurance undertaking before the courts when making decisions about these rights or

obligations.



(4) the claims representative referred to in paragraph 1 may be active and for more

insurance companies. His appointment is not the establishment of a branch of an insurance undertaking and activity

claims representative is not considered to be a place of business.



§ 9 d



If the insurance company liability insurance on the territory of the Czech Republic

on the basis of rights establish branch offices as an insurer established in another

Member State, it shall be deemed that the obligation of a claims representative under section 9 c

paragraph. 1 to 3 holds the head of this branch in the territory of the United States, if

the insurance company has not as a claims representative for her agreed

liability insurance of the vehicle, which is normally based in the

another Member State than in the Czech Republic, another person. If the

the insurance company liability insurance on the territory of the Czech Republic on the basis of

the freedom to temporarily provide services as the insurer under section 9b paragraph 1. 1,

It is considered that the obligations of the claims representative referred to in section 9 c of paragraph 1. 1 to 3

fulfils the claims representative pursuant to § 9b, if an undertaking has not as

the claims representative for her affordable liability insurance

the vehicle, which is normally based in another Member State than in the Czech

Republic of, another person.



§ 10



The right of the insurer to pay the amounts paid



(1) an insurer has the right to claim against the insured what for him

undertake, if it proves that the insured person



and) caused the injury intentionally



(b)) has violated the basic obligation of road

roads and this was in violation of causality with the emergence of

the injury sustained by the insured person is obliged to compensate,



(c)) has caused injury to vehicle operation that used improperly,



d) Notwithstanding good reason has failed to fulfil an obligation under the Act

regulating traffic on roads ^ 15 c) write up without

undue delay a common traffic accident record, or report

the accident, which is a harmful act, and consequently, the

impeded by the ability of the insurer in accordance with proper § 9 para. 3,



e) Notwithstanding good reason has not fulfilled an obligation pursuant to § 8 para. 1, 2, and

3 and as a result, it was difficult to envisage the possibility of a proper investigation of the insurer

According to § 9 para. 3, or



f) Notwithstanding a good reason he refused as the driver of the vehicle to comply with the

the prompt National Police United States test for the presence of

of alcohol, narcotic drugs or psychotropic substances, or drug marked ban

drive a motor vehicle.



(2) breach of fundamental obligations in the operation of the vehicle on the road

communications for the purposes of this Act, the



and operation of the vehicle), its construction or technical condition

does not match the requirements of traffic safety on the road,

serving the people, passengers and goods,



(b)) the operation vehicle whose technical competence to operate a vehicle

has not been approved,



c) control the vehicle by a person who is not the holder of the relevant licence

permissions, with the exception of driving the vehicle by a person who is learning to drive a vehicle

or composed of driving test, and always under the supervision of

the authorized driver or trainer of the individual teacher training,



d) driving the vehicle by a person who was saved by a ban on the activities of the control

vehicle at the time of this prohibition,



e) control the vehicle by a person who while driving a vehicle was under the influence of

of alcohol, narcotic drugs or psychotropic substances, or drug marked ban

drive a motor vehicle,



(f) the transfer of control of the vehicle) the person referred to in subparagraphs (a) (c)), (d) or (e)).)



(3) the operator of a vehicle shall be jointly and severally liable to the insured for

the insurer's claim for compensation for the amount paid against the insured

referred to in paragraph 1 (b). (b)), unless that was unable to conduct of the insured person

affect.



(4) the insurer has against the policyholder the right to payment of the amount

has paid by reason of the injury caused by the operation of the vehicle, if the

the cause was the fact that for the knowingly false or incomplete

the insurer could not find answers in negotiating insurance and that

the insurance contract was substantial.



(5) the sum of the refunds referred to in paragraphs 1, 3 and 4 must not be higher

than the performance of paid by the insurer as a result of an insured event

This right of the insurer.



(6) if the insured person has violated any of the requirements referred to in § 8 para. 1

up to 3, is the insurer entitled to require the costs associated

with the investigation of a claim, or other costs caused by the violation of the

These obligations. This does not prejudice the right of the insurer to pay

the amounts paid pursuant to paragraph 1. (e)).



§ 11



The injury caused by the operation of the vehicle, with the exception of liability insurance



(1) the injury caused by the operation of the vehicle, with the exception of the insurance

liability, the Ministry.



(2) the manner and extent of damages in the cases referred to in paragraph 1 shall be governed by the

the civil code. The person who operates the vehicle, with the exception of the

liability insurance is required to notify the Ministry of the fact

pursuant to section 8 (2). 1 and 2. The sufferer has in such a case the right to compensation

the injury against the Ministry. Activities associated with the compensation of the injury benefit paid by the

the Ministry may by agreement to exercise it on behalf of the Ministry of

authorized by the insurer.



(3) where the injury caused by the operation of the vehicle, with the exception of the insurance

liability in the territory of a State that is listed in the list of States pursuant to paragraph 6 of

paragraph. 4, this injury will pay the agent or the insurer referred to in paragraph

2. The Ministry shall pay to the person who has paid the injury in the first sentence, the amount

indemnity paid including costs associated with executing the

of the insured event.



(4) Replace the Ministry of injury caused by the operation of the vehicle, which

is required to replace the person who operates the vehicle, with the exception of the

liability insurance, the Ministry has the right to reimbursement of

This person had performed well against the natural person who caused the injury, for

conditions referred to in section 10, paragraph 1. 1. If the injury Was caused in the performance of

job duties, the Ministry may exercise the right to compensation

paid performance at a level at which it would be able to exercise

an employer to an employee under special legislation. ^ 18)

This restriction does not apply in the case of injury caused by deliberate, unauthorized

the use of the vehicle, after ingestion of an alcoholic beverage under the influence of narcotic drugs or

the substance.



Termination of the insurance liability



§ 12



(1) liability insurance pursuant to this Act shall cease to exist



and the date on which the policy-holder), his heir, successor or the owner of the

of the vehicle, if the person other than the policyholder, the insurer of the change announced

the owner of a domestic vehicle,



(b) the date on which the vehicle), which is not subject to vehicle registration under the Act

the conditions governing the operation of vehicles on the road,

has been terminated,



(c) disposal of domestic vehicles) the day of the operation in accordance with the Act concerning the conditions of

the use of vehicles on the road, if the insurer and

the policyholder have agreed on his break,



(d) vehicle theft); If you cannot determine precisely for theft of the vehicle,

the vehicle shall be considered as having been stolen, as soon as the police of the Czech Republic

adopted a notice of theft of the vehicle,




(e)) the day following the expiry of the period set by the insurer in

reminder to pay the premium or its part, delivered to the policyholder;

This time limit shall not be shorter than one month, and a reminder of the insurer must

include the termination of the insurance liability in case

non-payment of the insurance premiums and the insurer about the reminder at the same time

inform the person specified in the insurance contract as the owner of the domestic

of the vehicle, if it is a person distinct from the policyholder; the deadline laid

the insurer on the reminder to pay the premium or its part can be

the expiry of the agreement may be extended,



f) notice under special legislation, ^ 19)



g) agreement,



h) expiration of the period for which the insurance was agreed upon responsibilities.



(2) the policyholder shall without undue delay notify the insurer

the matters referred to in paragraph 1 (b). a) to (d)).



(3) termination of the vehicle that is subject to vehicle registration, the date of

the demise of the liability insurance of the registration date of his demise in the registry

road vehicles except in the case where a person entitled to apply for

write the demise of vehicle could not, for reasons beyond its will, such

claim, and if so, when these obstacles without delay

have passed away. In this case, the date of demise of the liability insurance day

When changing the unrecoverable hinder its operation.



section 13 of the



(1) after the termination of liability insurance is



and the policy-holder shall be obliged to) without undue delay, deliver to the insurer

green card if it was issued,



(b)), the insurer shall on the written request of the policyholder to issue him in

the time limit of 15 days from the date of its delivery to the confirmation of the duration of the

liability insurance and the incurred loss during which the requirements

the Ministry shall determine by Decree; at the same time, the insurer shall

to issue this certificate at the request of the policyholder at any time during the duration of the

insurance, the insurer has the same obligation and, in the case of

the request of the policyholder, on the issue of the confirmation of the return of the green card

the insurer.



The elements of this confirmation, the Ministry shall determine by Decree.



(2) the termination of the insurance before the expiration of the period for which

the insurance was agreed, the insurer has the right to insurance by the end of

the calendar month in which liability insurance has been terminated.

The remaining portion of the premiums paid, the insurer shall return.

Occurred at the time of liability insurance, the insured event,

the right arises on insurance premiums in the first sentence; the obligation to

the remaining portion of the premiums return has only if this

insured event does not arise an obligation to fulfill.



(3) if the policyholder has failed to fulfil an obligation pursuant to paragraph 1. and)

the insurer is not obliged to fulfill this obligation by the time of return

to the policyholder the insurance referred to in paragraph 2 nor to issue the certificates referred to in

paragraph 1 (b). (b)).



(4) the obligation of the policyholder pursuant to paragraph 1. and) apply even if

interruption insurance.



§ 14



Frontier insurance



(1) the driver of a foreign vehicle, with the exception of the driver who is the holder of

valid green cards issued in a foreign State, other than the driver, whose

liability insurance in the territory of all the Member States is guaranteed

insurers ' Bureaux foreign State, is obliged to conclude with the Office

the insurance contract the insurance of liability for damage caused by operation of

Foreign vehicle (hereinafter referred to as "the perimeter"). Border

insurance shall be concluded upon the entry of a foreign vehicle in the territory of the United

by paying the insurance premium of the Republic, at least for a period of 15 days. Without

frontier insurance should not Police the United States allow the ride

such a vehicle on the territory of the Czech Republic.



(2) frontier insurance applies only to claims which

have occurred in the territory of the Czech Republic and in the territory of another Member State.

Activities associated with the closing of the frontier insurance may, on the basis

the Treaty, to exercise on behalf of the Office of the designated officer her.



(3) the Office shall issue to the driver of the vehicle a green card as proof of the border

insurance premiums paid for once.



(4) if it is operated in the Czech Republic the aliens

vehicle in which the traffic on this territory is subject to the frontier insurance,

without the conclusion of this insurance, the driver of the vehicle shall be obliged to pay the

The Office premiums corresponding to three premiums that should be

the duration of the stay of the vehicle in the territory of the United Kingdom paid,

but at least 10 thousand CZK. The same applies if such foreign

vehicle is operated on the territory of the Czech Republic without a frontier insurance

After expiry of the period of validity of the green card.



(5) unless it is a foreign vehicle, whose driver traffic on the territory of the

The United States is subject to the border, at the exit of this insurance

vehicles from the territory of the United States document of frontier insurance

closed for the entire period of stay of this vehicle in the territory of the Czech Republic

or for the duration of the stay after expiry of the period of validity of the green card,

Member of the police of the Czech Republic will not allow more foreign

vehicle to the time of fulfilment of the obligation referred to in paragraph 4.



(6) Paid a premium for frontier insurance will not be refunded.



§ 15



Evidence of liability insurance



(1) the insurer shall supply information to the Office of origin, the time of the interruption, change

and the demise of the liability insurance, at least in the range of the data, which provides for the

Ministry decree no later than within 1 month from the date of

the relevant facts.



(2) the Office shall communicate the information referred to in paragraph 1 in respect of vehicles which

subject to vehicle registration, the Ministry of transport.



(3) the Department of transportation pursuant to paragraph 2 compares data with the data it

passing and shall communicate to the Office the comparison result and details of the vehicles and the

their owners, or operators that have not been communicated to the

Offices, and to the extent of the data referred to in paragraph 12, held in the registry

road vehicles. The Office has the right to request the communication of individual

the data kept in the central register of vehicles, if the reasons for this

arising from its responsibilities under this Act.



(4) data held Offices relating to vehicles and their owners or

operators can be notified to the insurer's offices.



(5) if the liability insurance has been terminated and if within 14 days

from the date of termination of the insurance concluded a new insurance contract for

the same domestic vehicles, on the basis of which was formed by

expiry of that period the obligation the policyholder to pay the premiums and the obligation to

the insurer for the case of an insured event, is

the owner of the vehicle shall, at the latest at the same time ask

the disposal of the relevant registration of the vehicle in accordance with the law on

the conditions of operation of vehicles on the road.



(6) if the Office finds, on the basis of a comparison of the data referred to in paragraphs 1 and 3,

that after the demise of liability insurance has not been concluded, the new insurance

the contract pursuant to paragraph 5, it shall notify without delay

evidence to the competent authority in accordance with the domestic registration of the vehicle,

through the registry of road vehicles. On the basis of this notice

registration authority verifies the compliance with obligations; where the failure to comply with this

obligations, it shall proceed according to the law governing the conditions of operation

vehicles on roads ^ 20).



(7) the information referred to in paragraphs 2, 3 and 6 shall be communicated at least once a month.



(8) the information shall be communicated in a manner allowing remote access.



(9) the Insurers shall communicate to the Office information on the item of loss and insurance

events including personal data to be processed for the purposes of section 3b of the paragraph. 2,

§ 18 para. 2 (a). f) and (g)) of this Act and the Act on insurance

^ 24). The provisions of paragraphs 1, 4, 7 and 8 shall apply mutatis mutandis.



(10) the processing of personal data by the insurer or agent in

connection with the performance of duties under this Act shall be deemed to

processing is necessary for compliance with a legal obligation to the administrator under the Act

governing the protection of personal data ^ 25).



(11) if the result of the administrative procedure under paragraph 6 disposal

the vehicle, in accordance with the Act concerning the conditions of the use of vehicles on

road safety, it shall inform the relevant registration

instead of the Office through the registry of road vehicles way

allowing remote access, and without undue delay after their

of the relevant proceedings.



(12) in the performance of the duties referred to in paragraph 3, the Ministry of transport

passes the Office from the registry of each vehicle to road vehicles,

the demise of the liability insurance Office has informed according to paragraph

2 the Ministry of transport, the following information:



and) the name or first and last name, social security number and place of residence in the case of

the natural person or the name, identification number and registered office in the case of

the legal person as the registered owner of the vehicle and its

the registered operator, if different from the owner,



(b) state the licence plate) road motor vehicle, or

the trailer,



(c) the technical card) the number of road motor vehicle, or

the trailer,



(d) the type and category) road motor vehicle or trailer

of the vehicle,



e) manufacturer of road motor vehicle, or trailer,


brand (trade name specified by), type of vehicle, commercial

the designation,



f) the identification number of the road transport vehicle or trailer

(VIN), if it is not, then the serial number of the chassis of the road

of the motor vehicle or trailer,



g) type, power and engine capacity,



h) technically permissible maximum weight, maximum allowed weight

and the mass of the road transport vehicle,



I) date of first registration of the vehicle the road transport vehicle or

the trailer and



j) disposal date of the vehicle or of the vehicle according to the sunset date

Act concerning the conditions of the use of vehicles on the road.



section 15a



Information Centre Offices



(1) in order to provide the information necessary for the assertion of claims

injured persons to compensation from insurance operates

Office information centre through which detects and

stores the data on the



a) misappropriated domestic vehicles



(b)) to the insurer, the numbers of the insurance policies relating to insurance

liability in respect of the operation of domestic vehicles and dates the beginning and end of the

the validity of the insurance,



c) green card numbers, numbers of the insurance policies relating to the

frontier insurance,



d) pojistitelích and their appointed claims representatives made pursuant to § 9a,



e) claims representatives made pursuant to § 9b and 9 c.



(2) the information referred to in paragraph 1 (b). and) relating to the domestic

vehicles, detects the Office through the registry of road vehicles

(section 15 (3)). Information referred to in paragraph 1 (b). a) and (c)) regarding the

vehicles with the exception of liability insurance pursuant to § 5 para. 1 (b). (b))

and (c)) collects the Ministry. At the request of the Office is the Ministry of

duty bound to tell her that this is a vehicle to the owner or

the operator of this derogation applies.



(3) the information referred to in paragraphs 1 and 2 shall be kept for at least

7 years from the date the vehicle from the register of permanent disposal of road vehicles

or from the date of termination of the insurance contract so that the sufferer could

Offices within 7 years from the date of occurrence of an insured event to get information

about



and the company, and headquarters) the business of the insurer, which has concluded the insurance contract

on the liability insurance of the vehicle, which was damaged

caused by injury



(b) the insurance contract number of) liability insurance concluded

the insurer in accordance with subparagraph (a)),



(c)) claims representatives according to § or § 9b, 9a



(d)) the owner of the vehicle or its operator, if different from the

the owner, and



e) place, to which the injured party has recourse in the event that the injury was

caused by the operation of the vehicle, with the exception of liability insurance.



(4) information concerning vehicles normally based in another

Member State other than the Czech Republic, and information about claims

officials under section 9 c detects Office through information

the centres of these Member States.



Administrative offences



section 16 of the



Misdemeanors



(1) a natural person has committed the offence by



and) breach of an obligation under section 1 (1). 2, or



(b)) as the driver of the vehicle contrary to section 17 para. 1 do not submit Green

card.



(2) for the offense referred to in paragraph 1 (b). and you can impose a fine of) 5 000

CZK to CZK 40,000 and for the offense referred to in paragraph 1 (b). (b) a fine from 1)

$ 500 to $ 3,000. You can control the page block for the offense referred to in paragraph 1

(a). (b) impose a fine of up to 1 500). In proceedings for the offence can be

referred to in paragraph 1 (b). and impose a fine of 5 000).



section 16a



Administrative offences of legal persons and natural persons-entrepreneurs



(1) a legal entity or individual entrepreneur is committed by the administrative

tort by breach of an obligation under section 1 (1). 2.



(2) for the administrative offence referred to in paragraph 1 shall be fined from 5000 € to

40 000 CZK. In the proceedings for this can impose a fine of 5

000.



section 16b



Common provisions



(1) a legal person for an administrative offence is not liable if he proves that

made every effort, that it was possible to require that the infringement of the

a legal obligation is prevented.



(2) in determining the amount of the fine on a legal person shall take account of the seriousness of the

the administrative offense, in particular, the way a criminal offence and its consequences, and

the circumstances under which it was committed.



(3) the liability of a legal person for an administrative offense shall cease, if the

administrative authority about him has not initiated proceedings within 1 year from the date on which it

learned, but not later than within 3 years from the date on which it was committed. The offense

According to § 16 para. 1 cannot be discussed, if the administrative authority about him

has commenced proceedings within 1 year from the date on which it learned, no later than

However, within 3 years from the date on which it was committed.



(4) administrative offences under sections 16 and 16a in the first instance to discuss municipal

the Office of the municipality with extended competence. Offences under section 16(1). 1 (b).

(c)) can be dealt with by the police of the Czech Republic in block management. In

If it detects a violation of § 1 (1). 2 inform the authority referred to in the first sentence,

of this fact without undue delay, the Office, in the manner

allowing remote access. In the enter the details of the vehicle and its

the owner of the.



(5) the territorial jurisdiction of the administrative authority to discuss the offence under section

16 is governed by a resident natural person suspected of a criminal offence and the local

jurisdiction of the administrative offense under section 16a is governed by established

entrepreneurial natural persons or legal persons suspected of having committed

the administrative offense.



(6) liability for the acts, which took place in the business

person or in direct connection with it shall be subject to the provisions of this

the law on liability of legal persons and the provisions of § 16 para. 1 (b).

(b)).



(7) the fine exacted and collected by the authority which is saved. Income from fines is

budget, income from which is covered by the activities of the authority, that the fine

saved by. The fine imposed in the block management by the police of the Czech Republic are

State budget revenue; these fines in place unpaid enforced

the competent tax authority.



§ 17



Review of liability insurance



(1) the operation of the vehicle on the road is bound to have his driver

carrying a green card or a frontier insurance and proof of on-demand

to submit to the national police of the Czech Republic. This does not apply for

the driver of the vehicle, with the exception of liability insurance and driver

Foreign vehicle whose insurance is guaranteed

insurers ' Bureaux of the foreign State.



(2) the Czech Republic Police checks in liability insurance

the case of entry of a foreign vehicle in the territory of the Czech Republic. If it is not

unless provided otherwise below, the police of the Czech Republic does not scan

liability insurance in the case of entry into the territory of the Czech Republic

Foreign vehicle normally based in the territory of another Member

the State and the vehicle normally based in the territory of another Member

State, if such a vehicle arrives on the territory of the Czech Republic from the territory of

of another Member State.



(3) the Czech Republic Police is authorized to carry out the control of insurance

responsibility in each entry of a vehicle normally based in the territory of the

another Member State in the territory of the Czech Republic, which is referred to in

the list of vehicles to which the Member State has forwarded, in accordance with the law

Of the European communities, ^ 20b) Ministry and Commission of the European

the community.



(4) the police of the Czech Republic carried out a random check on insurance

liability, which may not be discriminatory, is performed as part of

border police controls and is not focused exclusively on the control

liability insurance of the vehicle, which is normally based on

territory of a State other than the United States and which enter the territory of the United

Kingdom from another Member State.



(5) the list of vehicles referred to in paragraph 3 and all its amendments passes

the Ministry without undue delay after receipt of the Office and

Police of the Czech Republic. The Ministry notified to the other Member States

and the Commission of the European communities the list of persons, with the exception of the insurance

^ 20b) liability (§ 5 para. 2).



The third section



The Office of the



section 18



(1) there is hereby established the Czech insurers ' Bureau as a professional organization

insurers. The Office is a legal person with its headquarters in Prague, which is

authorized to engage in any activity within the scope of this Act. For the purposes of

This Act shall be considered a domestic insurance company Office and on its

activity shall apply mutatis mutandis the provisions of the special legal regulation

regulating the insurance industry. ^ 10) Office is entered in the commercial

the register.



(2) Office



and guarantee fund) manages the and insurance claims,



(b)) runs a frontier insurance and information centre



(c)) provides the fulfilment of tasks related to its membership of the Council

offices,



d) concludes agreements with agencies of foreign States and insurers guarantee

funds of foreign States, information points and other authorities responsible for the

Member States the handling of applications for refill and secures the

tasks arising from those agreements,



e) cooperates with State authorities in matters relating to insurance

liability,



(f) the registration and statistics), for the purposes of liability insurance,



g) participates in the item of prevention of events in the operation of the


Road, and to the prevention of insurance fraud in insurance

related to the operation of vehicles,



h) processes for the needs of its members or their insurers ' bureaux

foreign States and their member insurance companies data on road accidents

from the police of the Czech Republic in a way allowing remote access to

data.



(3) membership begins on the day in the Office with legal force of decisions

The Czech National Bank, which has been granted a residence permit to the insurer

the operation of liability insurance, or on the date of commencement of activities in this

the insurance sector in the Czech Republic by the insurer from another

of a Member State. Acquisition of membership is the insurer who has been granted

permission to carry liability insurance, the Czech National Bank,

shall without undue delay notify the Office. The insurer

established in another Member State shall, without undue delay in writing

notify the Office when the operation of liability insurance on the territory of the

The United States



and the anticipated launch of the day) in liability insurance on

the territory of the Czech Republic through a branch established in the territory of the United

Republic and the name or names, surnames, date of birth and address of the

for service of the person authorized to act on behalf of the insurer with the Office,

in the case of a natural person, business name or the name and address, in the case of

the legal entity,



(b) the date envisaged for the commencement of activity) in liability insurance on

the territory of the Czech Republic on the basis of the freedom to temporarily provide services and

the name or names, surname, date of birth and address for

the delivery of the person authorized to act on behalf of the insurer with the Office,

in the case of a natural person, business name or the name and address, in the case of

the legal entity,



(c) the date of actual start or) day cessation of activities in the insurance

liability in the territory of the United States, at least on this day,



(d)) the change in the person with jednatelským permission to the Office, and it

not later than on the date of entry into force of this amendment.



(4) membership in the Office terminates on the date of acquisition of the decision

The Czech National Bank, which has been the insurer withdrawn the authorization to

operation liability insurance. The insurer established in another

the Member State which has liability insurance in the territory of the United

States, membership in the Office terminates on the date of termination of the activity.



(5) The Registrar is obliged to pay the Office posts. Posts can be

use only for the scope of the Security Office.



(6) the members of the Agency shall be liable for its debts in proportion to the amount of their

contributions, and for this purpose are required to form the technical provisions, ^ 22) and

the debts that are not Office appropriate assets.



(7) the Czech National Bank without undue delay shall notify the Office of her known

the facts referred to in paragraphs 3 and 4. If, according to the Czech National Bank

the law governing the insurance industry will suspend the insurer permission to

the conclusion of contracts of insurance in or require liability insurance

the insurer to transfer insurance portfolio insurance, shall notify the

the fact without undue delay to the Office.



(8) if the Office of an infringement against the Office set

This law its Member, is obliged to such fact without

undue delay, inform the Czech National Bank.



(9) until the Office receives a written notification of the insurer with headquarters

outside the territory of the United States of jednatelském permissions of another person, with

Offices on behalf of the insurer



and the head of branches established) the territory of the Czech Republic, if the insurance

operated through the liability, or



(b)), the claims representative for the Czech Republic pursuant to § 9b, if insurance

operated under the responsibility of freedom to temporarily provide services.



(10) in order to carry out obligations pursuant to § 24 para. 2 and under section 29 creates

The Office of the technical provisions. Structure of the financial placement must meet the

conditions laid down by specific legislation, ^ 22) if it is not a

claims for insurers, who are these commitments to Office Forms

the technical provisions referred to in paragraph 6. Bookkeeping office

It's the special legislation governing the accounting for

insurance. ^ 22a) the financial statements of the Office must be verified

Auditor. ^ 22b)



§ 18a



Information obligations of the Office



(1) the Office is obliged to the injured party residing or established in the territory of

The United States communicate, on request



and) the name or name, surname and the address of the residence or place of

business or trading name, or the name and address of the owner or

usual driver or the registered keeper of the vehicle, the operation of the

the victim was the injury caused



(b)) the trade name and address of insurance company that was insured

liability from the operation of the vehicle, which was the victim of injury

caused by,



(c) the number of the insurance contract) that it was the responsibility of the operation of the vehicle,

the operation was the injury caused to the victim, insured,



(d) the name or names), surname and the address of the residence or place of

business, or the name and address of the claims representative referred to in § § 9b or 9 c,



If an insured event occurred in the Member State of operation of the vehicle with

normally based in a Member State; as regards the claims representative

pursuant to § 9b, also on the territory of the State referred to in paragraph 6 (1). 5 or 6.



(2) the Office is obliged to the injured party based or residing in another

Member State other than the Czech Republic, at his request, to communicate to similar

the information referred to in paragraph 1, if the



and the harmful event occurred) on the territory of the Czech Republic, or



(b) the operation of a vehicle whose) injury was caused, it is normally based

on the territory of the Czech Republic.



(3) the injured party which calls for the communication of information referred to in paragraphs 1 and 2, it is

shall be obliged to communicate to the Office in the request



and) date and place of occurrence of an insured event, including the identification of the Member

the State on whose territory the incident occurred, and



b) data on the license plate of the vehicle, which was a pity

caused by, and of the State where the registration number was released, if they are

the injured party is known.



(4) information concerning vehicles normally based in the territory of the

The United Kingdom shall provide the Agency, on request, information centre

another Member State, in whose territory it has damaged the residence or head office

or in which the harmful event occurred.



(5) paragraphs 1 to 3 shall also apply in the case of the injured party residing or

based in a non-Member State, if the State were

the injured party residing or established in the territory of the Czech Republic provided

the same information.



§ 19



The Authorities Of The Office



The authorities of the Office are



and Assembly members)



(b)) the Management Board,



(c)) of the Audit Commission,



(d)), the Executive Director.



section 20



Assembly of members



(1) the highest authority of the Office is the Assembly of members. The right to participate in the

the Assembly of members, each Member of the Office. The Assembly of members shall be convened by

the Governing Board at least once every 12 months. The Management Board shall be convened by

the Assembly of members, to be held not later than 30 days from the date when

requested by the Audit Committee or by at least one third of the members of the

Office. Each meeting of the Assembly of members shall be entitled to participate in the

authorized representative of the Czech National Bank; representatives of the Czech National Bank

at his request, must be given the floor.



(2) the Assembly of members is capable of ruling, is the presence of an absolute

the majority of the Offices which operate on liability insurance

the territory of the Czech Republic otherwise than by way of freedom to provide services.

If there is no Assembly of members capable of ruling, the Administrative Council shall be convened by the new

the Assembly of members, to be held not later than 30 days from the date of

previous Assembly members; such a gathering is capable of

the Fund is the presence of at least one third of the members of the Office, who

operating liability insurance on the territory of the Czech Republic otherwise than

by way of freedom to provide services. Each Member has one vote.

The Assembly of members shall be decided by a majority vote of the members present.



(3) it is for the Assembly of members



a) elect and dismiss the members of the Management Board and Audit Committee,



(b) determine the amounts of the annual) and the extraordinary contributions of the members,



(c) approve the budget Office)



(d) interfere with or change) decision of the Administrative Council,



(e) approve the annual accounts of the Office),



(f)) to make decisions about matters that you checked out



g) receive the Statute of the Agency after its previous approval of the Czech

National Bank,



(h)) to appoint or remove the representative offices in the Commission for the creation of programs

Prevention of damages and for the allocation of resources of the Fund of claims under § barriers

23B (hereinafter referred to as "the Commission").



(4) the contribution of the members referred to in paragraph 3 (b). (b) a fixed amount) is determined

a vehicle referred to in the insurance contract or percentage of

written premiums.



section 21



The Management Board



(1) the Board is a statutory authority of the Agency, which has 5 members. For

the Administrative Board acting on behalf of the Office of each Member of the Board of Directors.



(2) it is for the Board of




and) vote of its members and dismiss the Chairman and Vice-Chairman of the Board

the Council,



(b)) to appoint and dismiss the Executive Director and his Deputy,



(c) to manage the assets of the Office)



(d) to approve the internal organizational regulations) Offices and their changes



(e) approve the setting up or canceling) section of the Office,



f) ensure publication, documentation and other activities related to the

scope of the Office,



g) to decide on the scope of the Executive Director in the administration area

resources of the Fund of claims on subsidies, barriers from the resources of the Office to the

This Fund and on a proposal from the Commission on the internal rules for the provision of

grants and loans from the Fund.



(3) the Board shall be decided by a majority of its members, shall meet as a rule

Once a month, the meetings shall be convened by its Chairman or Vice Chairman.



section 22



The Audit Commission



(1) the Audit Commission is the supervisory body of the Office. The Audit Commission

oversees the performance of the Management Board on the performance of the activities of the Office and

performance, and whether the members of the Office pays contributions within the prescribed

the time limit and the amount of.



(2) the Audit Commission has 3 members and of its members elects and recalls its

Chairman. Member of the Audit Commission may not simultaneously be a member of the Management Board,

in the employment contract or in relation to him on an equal footing, built to the Office and

or a statutory body or a member, or a member of the supervisory body,

even the head of a member of the Office.



(3) in order to exercise control of the Office of the members of the Supervisory Commission must

provide the necessary papers and truthful and complete information about the survey

the facts. The same obligations to members of the offices, if

subject to inspection is the amount of the contribution paid by a member of the Office.



(4) the Audit Commission announces its findings to the Management Board, which is

required to consult and consultation and on the measures taken to inform

The Czech National Bank.



Article 23 of the



The Executive Director



The Executive Director is authorized to legally Act to secure the scope of

The Office, in the time between meetings of the Board of Directors to take all

the measures and decisions necessary to ensure the proper operation of the Office,

If the Board specifies otherwise.



§ 23a



Insurance damage



(1) the Office creates insurance damages, which will be used for barrier

damages arising from the operation of the vehicles. Insurance damages is made up of

contributions of premiums received in accordance with paragraph 2, of the proceeds from the investment

temporarily free funds of the Fund and other resources under section 21

paragraph. 2 (a). (g)) for the preceding calendar year, in a given calendar

year.



(2) The Registrar shall be required to pay into the Fund for damages of at least 3% barrier

from the annual premiums received from the insurance of liability for each

calendar year. Contribution to the Fund is a member of the Office damage barrier

obliged to pay Office in quarterly instalments, with payment for

The first quarter of each calendar year is due within 30. April II.

quarter to 31. July, III. quarter to 31. October, and IV.

quarter to 31. January 1 of the immediately following calendar year.



(3) the resources of the Fund inhibitions damages shall apply only to the payment of costs

associated with the



and acquisition of technology) or material resources required for the activity of

the essential components of integrated rescue system and other components

the integrated rescue system providing the planned assistance for the

demand in the area of prevention and damage from the use of vehicles,



(b)) by modifying the technology and operation of operating and information centres

Fire Brigade in connection with the provision of the necessary

to help motorists



(c)) the realisation of the projects, with a focus on road safety

approved by the Government, or



(d) the realization of the programmes referred to in §) 23b para. 4 (b). (b)).



(4) the resources of the Fund is to cover damage barrier of the costs referred to in paragraph

3 (b). a) or b) provide at least 60% of the fire department or the relief Corps and

of which at least 20% of the units of the Corps volunteer fire brigade. From

the Fund will provide further damage barrier of at least 15% of the next

arms of the integrated rescue system and at least 15% on the implementation

projects and programmes in accordance with paragraph 3 (b). c) or (d)).



(5) the recipient of funds from the pool barrier damage is obliged to provide

The Commission, at its request, with all information and documents relating to the use of

funding from this Fund and to allow her to perform the scan

the use of resources from the Fund. In the case of the consequence if the use of these

resources, or the violation of the purpose of their use, the beneficiary shall these

funds return to the pool barrier damage.



(6) If the resources referred to in paragraph 5 has not been returned within the time limit laid down

The Commission, the beneficiary shall pay interest on arrears and costs

associated with their recovery. Leaked resources within a specified period

recover Office including interest and related costs.



Section 23b



The Commission



(1) there is hereby established by the Commission as a body, the Office for the creation of prevention programs

damages and for the distribution of the Fund's inhibitions.



(2) the Commission has nine members and is composed of two representatives of the fire

rescue service, which appoints and dismisses the General Director

Fire Brigade, of one representative of the police of the Czech

Republic, which appoints and dismisses the police President, from one

the representative, which appoints and dismisses the Minister of the Interior, from one

the representative, which appoints and dismisses the Minister of health, from one

the representative, which appoints and dismisses the Minister of transport, and three representatives of the

The Office under section 20 (2). 3 (b). h). the Commission shall elect from among its members and

dismisses the Chairman and Deputy Chairman. The Commission's activities governed by the President of the

or in his absence, the Deputy Chairman. The Commission shall,

If they are present, at least two-thirds of its members and decides

a majority vote of the members present.



(3) the duties of a member of the Commission shall be treated as a formality in the General

interest. The employer is obliged to provide to the Member of the Commission for the performance of its

the activities of the work to the extent necessary.



(4) the Commission



and) handles the proposal for distribution of the Fund, the inhibitions of damage to

the following calendar year,



(b)) in the field of prevention programmes proposed damage from the use of vehicles,



c) establishes the criteria evaluation of proposals under (a)),



(d) approving the internal regulations) relating to the activities of the Commission,



(e) the Governing Board) suggests the scope of the Executive Director in the field of

resource management the pool barrier damage including regulations pursuant to § 21 para.

2 (a). (g)),



(f)) performs a check of the pool barrier damage.



(5) the application referred to in paragraph 4 (b). and the Commission shall submit to the Management Board),

The Ministry of Interior and the Ministry of transport. The proposal is approved, if

him within 30 days from the date of its delivery to any of the authorities referred to in the sentence

first they do not oppose because of inconsistent determination of the resources of the Fund

inhibitions of damage with its purpose under this Act. If you give the

the disagreement, the Commission shall submit these authorities within 30 days from the date of receipt of the

the modified design of the disagreement. If the modified draft consent

at least two of these bodies shall be considered approved by the modified design.



section 24



The guarantee fund



(1) the guarantee fund is formed from insurance for frontier insurance pursuant to section

14, contributions from the insurers pursuant to § 18 para. 5, from received refunds

According to § 24 para. 7 and 9.



(2) the Office provides the guarantee fund to the victim



and for the injury caused by) the operation of an unidentified vehicle, which is

required to replace unknown person; performance for the injuries or foregone

profit resulting in connection with the damage to provide Office only

If, at the same time with this damage has been caused to the victim and the

serious injury to health, and if the damage according to § 6 paragraph 1. 2 (a). (b)) or

foregone profits exceeded $ 10,000,



(b)) for the injury caused by the operation of the vehicle, which is required to

replace the person without liability insurance, if the operation of the vehicle

subject to liability insurance pursuant to this Act,



(c)) of the injury caused by the operation of a domestic vehicle, which is

required to replace the person whose responsible for the damage is insured for

the insurer, which because of their bankruptcy cannot pay this injury



(d)) of the injury caused by operation of a foreign vehicle, which is

required to replace the person whose responsible for the damage is insured

frontier insurance,



e) implementation for the injury caused by operation of a foreign vehicle of which

the driver does not arise in the operation of the vehicle in the territory of the Czech Republic

the obligation to conclude a frontier insurance,



f) refill pursuant to section 24a and 24b to the extent in which it is

The Office shall be required to perform in accordance with subparagraphs) (c)),



g) implementation for the injury caused by the operation of a vehicle that was sent from

another Member State to the United States as the State of destination,

This has not been agreed upon, the vehicle liability insurance pursuant to this

the law and the insured event has occurred within 30 days from the date on which the

the buyer of the vehicle the person took over, even though the vehicle has not been in the Czech

Republic registered.



(3) for serious personal injury referred to in paragraph 2 (a). and) is considered to be

death or severe bodily injury or personal injury sustained


the character that makes it difficult for the social application of the injured party.



(4) the injured party has the right to assert a claim for performance referred to in paragraph 2 (a).

b), c) and (g)) against the Office under the same conditions under which could

make a claim for performance against the insurer (section 9). Claim Offices

on the compensation for transaction referred to in paragraph 2 (a). b), c) and (g)) shall be deemed to

the claim, which is under special legislation ^ 22 c) rear sight

as a logged-in.



(5) the condition of the injured party in respect of the guarantee fund

in accordance with paragraph 2 (a). and the investigation of the incident) is the police of the Czech

of the Republic.



(6) the Office provides the victim of performance referred to in paragraph 2 for the same

conditions, such as an insurer the indemnity provides (§ 6 (2) and 5, §

7 to 10).



(7) If a dispute arises between the Office and the insurer, or by the Ministry of the

the cases referred to in section 11, a dispute over who has the victim to perform,

give the injured party the reimbursement of the demonstrated injury Office. If from the next

the investigation shows that the performance should be wholly or partly

the insurer, or by the Ministry, the insurer, or

the Department of management's Office of performance, is obliged to replace it.



(8) the maximum limit of transactions referred to in paragraph 2 (a). a) to (c)), and (g)

one of the harmful event are limits on claims referred to in § 3a

paragraph. 2.



(9) Payment in respect of the guarantee fund is created the Office entitled to

a refund of what rankled the injured party in accordance with paragraph 2 (a). a), b) and (g))

including the costs of another person charged with following up the case and Offices

by providing the performance to the victim or the application of this law. Against the

the claim for compensation under the Office of the first sentence are solidárními

borrowers and driver of the vehicle operator, which was caused by

the injury; only if the driver has an obligation to replace the injury. If you cannot

specify the operator of a vehicle, it is solidarity against the claim by the debtor

The Office of the owner of the vehicle. This does not apply to the owner of the vehicle, whose

liability insurance has been terminated in accordance with § 12 para. 1 (b). d). The Office is

shall request the competent guarantee fund, as appropriate, to the relevant

insurers ' Bureau to pay what rankled the victim according to the

paragraph 2 (a). (e)) or in the form of compensation under section 24a of para. 1

(a). (c)) and section 24b.



(10) the guarantee fund shall not be granted for



and the injury caused by the operation of the vehicle) with the exception of the insurance

responsibility, unless it is for the reimbursement referred to in paragraph 7,



(b)) injury under section 7,



c) expenditure resulting from granting medical care, sickness benefits,

insurance (care) or pensions from pension insurance as a result of the injury

to health or killing caused by an unidentified vehicle operation,

which is required to replace the unknown person.



(11) where the Office entrusts the expediting of the case referred to in paragraph 2 or 9

Member of the Office, a separate claims or of the liquidator

another person, providing them with all the details for its handling, including

the necessary personal data.



Alternate fulfilment of the guarantee fund



§ 24a



(1) the guarantee fund of the Office provides a replacement service



and the insurer has not complied with the obligation to) within the time limit referred to in § 9 para. 3,



(b)) the insurer established in another Member State than the Czech Republic,

neustanovil in the Czech Republic a claims representative under section 9b, or



(c)) in the Czech Republic to establish insurance claims representative pursuant to §

9 c.



(2) Replacement of performance pursuant to paragraph 1. (b)) is provided to the victim

resident in the territory of the United States in the event of a loss

events caused by the operation of the vehicle, if the



and the insurance contract of insurance) liability in respect of its operation has been

concluded with an insurer operating liability insurance on the basis of

rights to temporarily provide services,



(b)) this is a vehicle normally based in the Czech Republic and



(c) the harmful event originated on) the territory of a Member State or in the territory of

another State pursuant to § 6 paragraph 1. 5 or 6.



(3) substitute pursuant to paragraph 1. (c)) shall provide the injured party

resident in the territory of the United States in the event of a loss

events caused by the operation of the vehicle, if the



and the insurance contract of insurance) liability in respect of its operation has been

concluded the insurance company pursuant to section 9 c,



(b)) this is a vehicle normally based in a Member State other than the

The Czech Republic and



(c) the harmful event originated on) the territory of a Member State or in the territory of

third State, whose Office insurers joined the system

green cards.



(4) the substitute Office provides to the victim on the basis of its

written request.



(5) the injured party has no objection to the Office the right to substitute if



and) have already submitted an application for compensation for the damage directly to the insurer pursuant to § 9b

paragraph. 1, who has entered into an insurance contract of the insurance liability

relating to the operation of the vehicle, the injury was caused by, or directly

claims representative of the insurer under section 9b and if, within 3 months from the date of

the submission of this request has received expression of any one of them,



(b)) has already submitted an application for compensation directly to the insurance undertaking in accordance with § 9 c,

which has concluded an insurance contract of insurance relating to

the vehicle, which injury was caused by, or directly to the claims

representatives of the insurance company under section 9 c and if, within 3 months from the date of

the submission of this request has received expression of any one of them, or



(c)) it was in the case of judicial proceedings directly against the insurer

under section 9b paragraph 1. 1 or against the insurance company pursuant to section 9 c.



(6) the Office shall carry out the victim or disclose the reasons for which

implementation of reduced or refused, within 2 months from the date of receipt of the request for

refill. This request shall, pending its execution

the insurer under section 9b paragraph 1. 1, or the insurance company pursuant to section 9 c, directly or

through designated a claims representative under section 9b or 9 c §

will provide compensation to the injured party or his reasons for

that reduces your performance or for which he refuses to perform.



(7) the Agency without undue delay after receipt of the request for a replacement

performance writing



and the insurer under section 9b) para. 1 or an insurance company pursuant to section 9 c or

their claims representative under section 9b or 9 c, §



(b) the authority in charge of the handling of applications) on the refill in the Member

State of the insurance undertaking in accordance with § 9 c, which has concluded the insurance contract on the

liability insurance relating to the vehicle, which was

caused the injury, or



c) to a person who is required to replace the injury if it is known that it has received

a request from a victim and that he will handle this request within 2 months from the date of

receipt of the request.



(8) the Office has the right to reimbursement of the sum paid compensation from the

the authority responsible for handling requests for replacement transactions in the Member

State of the insurance undertaking in accordance with § 9 c, which has concluded the insurance contract on the

liability insurance relating to the vehicle, which was

caused the injury.



(9) Payment of compensation rights damaged against the person

that caused the injury, or exposure to the insurer pursuant to § 9a or 9b. §

paragraph. 1, or his insurance undertaking under section 9 c of the Office.



(10) if the competent authority of a Member State other than the United

Republic, provided in accordance with the law of the European communities of 27 ^ ^)

refill the injured party resident in the same Member

State and to enforce its right to compensation for this performance against the Office,

The Office thus applied the right to satisfy without undue delay in

provided, that the vehicle, which was caused by the injury, should, in

the time of occurrence of an insured event is normally based in the territory of the United

of the Republic.



section 24b



(1) the guarantee fund of the Office provides the victim with a disability

resident in the territory of the Czech Republic also when



and it is not possible to determine) vehicle, which was on the territory of another

Member State other than the Czech Republic, caused the injury, or



(b)) within 2 months from the date of the injury caused by the operation of the vehicle on the territory of the

another Member State than the Czech Republic, it is not possible to determine

the insurance company, which was founded to provide insurance benefits for this

injury.



(2) the Office has the right to reimbursement of the amounts paid, compensation

referred to in paragraph 1



and) against the guarantee fund in the Member State in which the injury occurred,

If you cannot determine the vehicle in which the injury was caused by operation,



(b)) against the guarantee fund of the Member State in which the injury occurred,

If the injury was caused by the operation of a vehicle, which has the usual

stations on the territory of a Member State other than the



(c)) against the guarantee fund in the Member State in whose territory the vehicle,

the injury was caused by traffic, normally based if you cannot

determine the insurance company, which was founded to provide indemnification

for injury caused by such a vehicle.



(3) the provisions of § 24 para. 9 and 10 applies in the case of compensation

referred to in paragraph 1 apply mutatis mutandis.



§ 24 c



cancelled



§ 25



The supervision of the activities of the Office



(1) the activities of the Office in accordance with § 18 para. 2 (a). a), b), (d)), and (f)) is subject to

supervision shall be exercised by the Czech National Bank under the law governing


the insurance industry.



(2) in exercising supervision may impose Office, Czech National Bank

measures to remedy any identified deficiencies. If the Agency fails to comply with

the measures imposed in the time limit set by the Czech National Bank, or if the

in its activities, these deficiencies are repeated, the Czech National Bank

Save the Office a fine, up to EUR 10 million.



Section four



Common and transitional provisions



section 26



Common provisions



(1) if the vehicle is in the ownership of several persons, satisfies

This Act because of the joint owners, which has been the co-owners

vehicle in writing. If none of the joint owners in writing

responsible for fulfilling the obligations under the first sentence all co-owners

jointly and severally. In the case of dissolution of a legal person the obligation to

the owner of the vehicle under this Act shall exercise its legal successor,

shall lapse if the legal person without legal successor, the liquidator. If

insolvency proceedings, in which it is handled by a bankruptcy or threatened bankruptcy

the owner of the vehicle, the owner of the vehicle shall perform the duties provided for in this

After his act the provisions of the insolvency practitioner if it passed

permission to dispose of the estate of the owner of the vehicle.



(2) in case of death of the owner of the vehicle shall perform the duties of the owner

vehicles under this Act until the legal force of the resolution

on the acquisition of the legacy of his heir, heirs in the case of more the one to

was the other heirs. If no one is in charge, then these

the administrator shall perform the duties of the heritage. If no one from the heirs of

commissioned or was not specified, perform the duties of the heritage Manager

owner heirs jointly and severally. In case of death

the policyholder's rights and obligations of liability insurance to

time with legal force resolution of the acquisition of heritage to the heirs jointly and

severally liable.



Section 26a



For the municipal authority municipality with extended powers, or

parts of the city under this Act are performance by.



Transitional provisions



section 27 of the



(1) the insurance contract may be concluded with effect from the first 1. January

2000.



(2) the obligation provided for in § 1 (1). 2 created the day 1. January 1, 2000.



(3) the item of the events that occurred before the 1. in January 2000, and the claims of the

them arising from the process according to the existing legislation.



(4) an insurer which, prior to 1. January 2000 concluded with a policyholder

the insurance contract concerning a vehicle that was taken in the register

vehicles 1. in January 2000, shall, within 5 working days after their

calendar month pass to the Office an overview of insurance documents

issued for the whole of the preceding calendar month, and the information in them

contained.



section 28



(1) the Ministry shall convene within four months from the entry into force of this Act

the first Assembly of all members of the Office.



(2) the costs of the activities of the Office in 1999 to pay its members in the form of

the extraordinary contribution, the amount being determined by the Assembly of members at its first

meeting. This post is due within one month from the date when the

Assembly of the members of the set.



(3) the amount of the guarantee fund must amount to at least



and) to 1. January 2000 3% of the total volume of claims from

legal liability insurance for damage caused by operation

motor vehicles (hereinafter referred to as "legal insurance") paid in

1998,



(b)) to 1. January 2001 5% of the total volume of claims paid

by the statutory insurance paid in 1999,



(c)) to 1. July 2001 20% of the total volume of transactions paid from

the guarantee fund in the previous accounting period.



section 29



(1) the rights and obligations of the Česká pojišťovna a. s. arising from the legal

insurance are switching on 1. January 2000 to the Office. These rights and

the obligation applies and is exercised on behalf of and for the account of the Office of the United

the insurance company and s., including representation before the courts in the Office

deciding on the rights or obligations of the statutory insurance, especially in

connection with the provision of compensation to the victims and the application of the law on

compensation paid amounts against the insured. For the purposes of the agreement with

injured party pursuant to § 449a civil code, in these cases, the

The Office considers the mandatory person even if the injured party does not have direct

a claim for performance against the Office. This activity leads Česká pojišťovna

and the accounting separate from the accounting of other activities.



(2) by Česká pojišťovna, a. s., converts it to the last day of the month

following the verification of the financial statements for the year 1999 the Auditor on

the special account the amount corresponding to the amount of funds the Office of technical

reserves created from premium for statutory insurance adopted before 31 December.

in December 1999, after deduction of the amount of indemnity paid from

legal insurance from 1. January 2000 to the date of the transfer. The resources saved

on this account can only be used to pay the obligations of statutory insurance

and costs associated with its arrangement. If this means to

This account are insufficient, the payment of the liabilities of legal insurance and costs

with its arrangement of the United is due the Office.



(3) by Česká pojišťovna, a. s. is obliged to pass within one month after

the first session of the Assembly of members of the Office of the persons to the database

This date, pay a premium for statutory insurance in 1999, and

statistical data on the development of legal insurance for the past 5 years.



(4) the Czech insurance company, and shall submit to the Office by 31. March

the current year activity report referred to in paragraph 1, second sentence, and her

the expense report.



(5) the activities of the Office and Česká pojišťovna a.s. in accordance with paragraphs 1 to 4

is subject to the supervision of the insurance sector under a special legal

prescription, ^ 10) with the provisions of this special legislation is

for the exercise of supervision over the activities of the Office and Česká pojišťovna, a. s.

shall apply mutatis mutandis.



PART TWO



Amendment of the Act No. 185/1991 Coll., on insurance, as amended

the laws of the



section 30



In Act No 185/1991 Coll., on insurance, as amended by Act No. 320/1993

Coll., Act No. 60/1995 Coll. and Act No. 152/1995 Coll., section 26 is repealed.



PART THREE



Amendment of the Act No. 12/1997 Coll. on safety and traffic flow on

the road



section 31



In the Act, no. 12/1997 Coll. on safety and traffic flow on

the road, with section 14 include footnotes # 14) and 15)

repealed.



PART FOUR



Amendment of the Act No. 200/1990 Coll. on offences, as amended

overrides



§ 32



Act No. 200/1990 Coll. on offences, as amended by Act No. 337/1992 Coll.,

Act No. 344/1992 Coll., Act No. 357/1992 Coll., Act No. 67/1993 Coll.

Act No. 290/1993 Coll., Act No. 133/1994 Coll., Act No. 83/1995 Coll.

Act No. 237/1995 Coll., Act No. 283/1995 Coll., Act No. 289/1995 Coll.

and Act No. 111/1998 Coll., is amended as follows:



1. in paragraph 23 of Section 23a is added, which include footnotes No.

3E), 3f) and 3 g) is added:



"§ 23a



(1) the Offence is committed by one who



and operates a vehicle without insurance) liability for damage caused by

the operation of the vehicle, although this responsibility must be insured under the

a special legal regulation, ^ 3e)



(b)) does not relinquish the competent authority, which keeps records of vehicles, State

the license plate and certificate of roadworthiness of the vehicle in case of

the demise of the liability insurance for damage caused by operation of the vehicle

According to a special legal regulation, ^ 3f)



(c) when operating vehicles) do not submit, upon request, National Police

Republic proof of liability insurance for damage caused by operation

the vehicle provided for special legislation. ^ 3 g)



(2) for the offense referred to in paragraph 1 (b). and you can impose a fine to) 20 000

And the prohibition of activities consisting in the prohibition of driving until

for a period of one year for the offense referred to in paragraph 1 (b). (b)), you can save

a fine of up to $ 10,000 and for the offense referred to in paragraph 1 (b). (c)), you can save

the fine to $ 500.



3E) § 1 (1). 2 of the Act No. 168/1999 Coll., on liability insurance

damage caused by operation of the vehicle and amending certain related

laws (the law on the liability insurance of the vehicle).



3F) § 15 para. 7 of Act No. 168/1999 Coll.



3 g) § 17 of the Act No. 168/1999 Coll. ".



2. In section 52 (a). (c)), after the words "the road," shall be inserted after

the words "offences under section 23a para. 1 (b). (c)) ".



3. In paragraph 86 (a). a), the words ' article 23 para. 1 (b). a), b), (h)), ch) and

(j)) "shall be inserted after the words" § 23a para. 1 (b). (c)) ".



PART FIVE



cancelled



§ 33



cancelled



PART SIX



The EFFECTIVENESS of the



§ 34



This Act shall take effect on the date of its publication, with the exception of the provisions of section 1 of the

paragraph. 2, article 15, paragraph 2. 1, 7, 8 and 9, §§ 16, 17, part of the second, third, fourth and

the fifth, which will become effective on 1 January 2004. January 1, 2000.



Klaus r.



Havel, v. r.



Zeman in r.



Annex



cancelled



Selected provisions of the novel



Article II of Act No. 46/2004 Coll.



Transitional provisions



1. the insurer is obliged to make a change to an insurance contract that was

concluded with the indemnity limits lower than those of the newly

determined in accordance with § 3 (1). 4 of the Act No. 168/1999 Coll., on insurance


liability for damage caused by operation of the vehicle and amending certain

related laws (law on liability insurance

the vehicle), as amended by this Act, not later than 1 year from the date of acquisition

the effectiveness of this Act. In this context, the insurer has the right to the newly

establish the amount of the premium. If the policyholder does not agree with the amount of newly

fixed premiums, has within the time limit of one month from the date of receipt of the draft

of the insurer to change the amount of the premium the right terminate the insurance contract.

The mere lapse of this period, the insurer's proposal for the amendment of the above

insurance premiums be considered adopted.



2. rights and obligations arising from the item of loss events that occurred

before the date of entry into force of this law, shall be assessed in accordance with the existing

of the legislation.



3. the insurer is obliged to appoint a claims representative under section 9a of the law No.

168/1999 Coll., on liability insurance for damage caused by operation

vehicles and amending certain related laws (law on insurance

liability of the vehicle), as amended by this Act, not later than

3 months from the date of entry of the Treaty of accession of the Czech Republic

The European Union enters into force.



4. The Office is obliged to create the information centre in accordance with § 15a of the Act

No 168/1999 Coll., on liability insurance for damage caused by operation

vehicles and amending certain related laws (law on insurance

liability of the vehicle), as amended by this Act, within 3 months

the date of entry of the Treaty of accession of the Czech Republic to the European Union in

force.



5. the Insurers are obliged to proceed in accordance with § 18 para. 6 of law No.

168/1999 Coll., on liability insurance for damage caused by operation

vehicles and amending certain related laws (law on insurance

liability of the vehicle), as amended by this Act, from 1. January

2004. The Office is required to do pursuant to § 18 para. 8 of law No.

168/1999 Coll., on liability insurance for damage caused by operation

vehicles and amending certain related laws (law on insurance

liability of the vehicle), as amended by this Act, from 1. January

2004.



Article. XX of Act No. 57/2006 Sb.



Transitional provisions



1. the decision in administrative procedure, issued by the Ministry prior to the date of acquisition

the effectiveness of this act according to the existing legislation shall be considered as

the decision issued by the Czech National Bank, if, under this

substantive jurisdiction to act in such a decision is transmitted from the Ministry of

the Czech National Bank. The rights and obligations arising from the

such decisions are not affected. If such a decision was

a fine, which has not yet been paid, when you select and

enforcement of the process according to the Act No. 168/1999 Coll., on insurance for

damage caused by operation of the vehicle and amending certain related

law, in the version in force from the date of entry into force of this Act.

If the decision of the Ministry before the date of entry into force of this

the Act repealed and the case returned for reconsideration, it is appropriate

The Czech National Bank, which shall act in accordance with current legislation.



2. proceedings conducted by the Ministry and initiated before the date of entry into force of

This Act in cases where substantive jurisdiction under this Act

transfers from the Department of the Czech National Bank, the Czech national

the Bank according to the existing legislation. If in such proceedings is imposed

fine, when collecting and enforcing the process according to the law No.

168/1999 Coll., on insurance for damage caused by operation of the vehicle and the

amending certain related laws, in the version in force from the date of acquisition

the effectiveness of this Act.



3. If, before the date of application of this Act issued in the case,

where the substantive jurisdiction under this Act transfers from the Ministry of the

The Czech National Bank, the Ministry of the decision against which was filed

decomposition, it decides on the Bank Board of the Czech National Bank pursuant to

the existing legislation. If the Board such a decision be revoked and

the matter returns to the new discussion is relevant to this new consultation

The Czech National Bank, which shall act in accordance with current legislation. About

the renewal of proceedings and in the examination procedure in relation to those decisions shall be decided by

from the effective date of this Act, the Czech National Bank in accordance with the existing

of the legislation.



4. the date of entry into force of this Act shall become the Czech National Bank

instead of the Ministry of the party to the proceedings in matters where substantive

jurisdiction under this Act transfers from the Department of the Czech

the National Bank. Financial liabilities on the basis of such procedures

incurred by the Czech National Bank, will pay the State. This also applies to the commitments

that the Czech National Bank will arise as a result of proceedings initiated after the date of

entry into force of this Act and relating to the activities of the

the Department of the current legislation.



5. the time limits, which began to run before the date of entry into force of this Act

According to the existing legislation, are not affected by this Act.



Article. (II) Act No. 138/2008 Sb.



Transitional provisions



1. On 1 January 2004. June 2012, the maximum limit of indemnity for insurance contracts

liability insurance for damage caused by operation of the vehicle, closed

before the date of entry into force of this Act, with the limit of indemnity

lower than the limit of indemnity the newly determined in accordance with § 3a paragraph 2.

2 (a). (b)) Law No 168/1999 Coll., on liability insurance

operation of the vehicle, in the version in force from the date of entry into force of this

the law increases to the level provided for by law No 168/1999 Coll., Act on

liability insurance of the vehicle, in the version in force from the date of

entry into force of this Act.



2. In the context of increasing the limit of indemnity in accordance with § 3a paragraph 2.

2 (a). (b)) Law No 168/1999 Coll., on liability insurance

operation of the vehicle, in the version in force from the date of entry into force of this

the law, the insurer has the right to newly establish the amount of the premium. If

the policyholder does not agree with the amount of the newly established insurance, is within the period 1

months from the date of receipt of the draft of the insurer to change the amount of insurance premiums

the right to terminate the insurance contract.



3. the insurer shall issue the policyholder a green card within 30 days from the

the effective date of this Act, if it has not given prior to the date

entry into force of this law, at his request, in accordance with the existing legal

editing.



4. Proof of liability insurance issued pursuant to the existing legal

adjustments shall expire on 31 December 2007. December 2008.



5. In proceedings for administrative offences committed before the date of the acquisition of

the effectiveness of this Act shall be treated in accordance with the existing legislation.



Article. (II) Act No. 354/2014 Sb.



Transitional provisions



1. all judicial, enforcement and similar proceedings for contribution referred to in

section 24 c of the Act No. 168/1999 Coll., on liability insurance

vehicle, as amended, initiated before the date of the acquisition of

the effectiveness of this law shall be completed in accordance with Act No. 168/1999 Coll., on

the version in force before the date of entry into force of this Act.



2. the allowance referred to in point 1 shall constitute revenue of the guarantee fund pursuant to § 24 para.

1 of the Act No. 168/1999 Coll., on the liability insurance of the vehicle,

in the version in force before the date of entry into force of this Act.



3. Recovery of amounts to which originated the insurer or Office entitled

pursuant to Act No. 168/1999 Coll., on liability insurance

the vehicle, in the version in force before the date of entry into force of this Act,

started to the date of entry into force of this law shall be governed by the existing

the legislation.



4. the right to post, including its accessories in accordance with § 24 c shall cease,

If the effective date of this Act, the Office will not send the call to

his payment.



1) Council Directive 72/166/EEC of 24 June 1993. April 1972 on the approximation of

the laws of the Member States relating to insurance against civil

liability in respect of motor vehicles, and the enforcement of the obligation to conclude a

for against such liability, as amended by Council directives

72/430/EEC and 84/5/EEC and directive of the European Parliament and of the Council

2005/14/EC.



Second Council Directive 84/5/EEC of 30 June. December 1983 on the approximation of

laws of the Member States relating to insurance

against civil liability in respect of motor vehicles, as amended by

Council Directive 90/232/EEC and directive of the European Parliament and of the Council

2005/14/EC.



Third Council Directive 90/232/EEC of 14 June 1993 May 1990 on the approximation of

laws of the Member States relating to insurance

against civil liability in respect of motor vehicles, as amended by

European Parliament and Council Directive 2005/14/EC.



European Parliament and Council Directive 2000/26/EC of 16 December 2002. May 2000

on the approximation of the laws of the Member States relating to insurance

civil liability of the use of motor vehicles and amending

Council Directives 73/239/EEC and 88/357/EEC, as amended by the directive of the European

Parliament and Council Directive 2005/14/EC.



European Parliament and Council Directive 2005/14/EC of 11 December 1997. may

2005 amending Council directives 72/166/EEC, 84/5/EEC, 88/357/EEC and

90/232/EEC and European Parliament and Council Directive 2000/26/EC on

insurance against civil liability in respect of the use of motor vehicles.




1A) § 4 paragraph 2. 1 of Act No. 13/1997 Coll., on the road.



2) section 5 of the Act No. 13/1997.



3) section 6 of the Act No. 13/1997.



4) section 7 of the Act No. 13/1997.



5) section 3 of the Act No. 56/2001 Coll., on conditions for the operation of vehicles on the road

roads and on the amendment of the Act No. 168/1999 Coll., on liability insurance

for damage caused by operation of the vehicle and amending certain related

laws (the law on the liability insurance of the vehicle), as amended by

Act No. 309/1999 Coll., as amended by Act No. 190/2003 Coll.



Appendix to Act No. 56/2001 Coll.



Annex No. 5 to Ordinance No. 341/2002 Coll., on the approval of the technical

eligibility and technical conditions of the use of vehicles on the road

safety, as amended by Decree No 197/2006 Sb. ".



9) § 4 to 6 of Act No. 56/2001 Coll., as amended.



10) Act No. 363/1999 Coll., on insurance and amending certain

related acts (the Insurance Act), as amended

regulations.



11) section 18 of Act No. 37/2004 Coll.



11A) section 13 and following of Act No. 363/1999 Coll., as amended

regulations.



11B) section 23 of Act No. 363/1999 Coll., as amended by Act No. 38/2004 Coll., and

Act No. 57/2006 Sb.



12) § 4 paragraph 2. 7 of Act No. 239/2000 Coll., on the integrated rescue

the system amending certain laws, as amended by Act No. 320/2002 Coll.



section 4 of the Government Decree No. 172/2001 Coll., to implement the law on fire

the protection.



12A) Act No. 141/1961 Coll., on criminal court proceedings (code of criminal procedure), in

as amended.



15A) section 55 of Act No. 48/1997 Coll., on public health insurance, and about

amendments to some related laws, as amended by Act No.

137/2008 Sb.



15B) section 126 of Act No. 187/2006 Coll., on sickness insurance, as amended by

Act No. 585/2006 Sb.



15 c) § 47 para. 4 Act No. 361/2000 Coll., as amended.



15 d) § 47 para. 3 (b). g) Act No. 361/2000 Sb.



16) § 8a of the code of criminal procedure.



16A) § 123 paragraph. 2 Act No. 361/2000 Coll., on the road

roads and on amendments to certain acts.



Decree No 32/2001 Coll., on registration of traffic accidents.



18) for example, § 179 of the labour code.



19) section 800 of the civil code.



20) Act No. 56/2001 Coll., on conditions for the operation of vehicles on the road

roads and on the amendment of the Act No. 168/1999 Coll., on liability insurance

for damage caused by operation of the vehicle and amending certain related

laws (the law on the liability insurance of the vehicle), as amended by

Act No. 309/1999 Coll., as amended.



20A) Act No. 337/1992 Coll., on administration of taxes and fees, as amended by

amended.



Article 20b). 4 Council Directive 72/166/EEC of 24 June 1993. April 1972 on the approximation of

laws of the Member States relating to insurance

civil liability of the use of motor vehicles and control

the obligation to insure against such liability.



21) section 18 para. 2 (a). (d)) of the civil code.



22) section 13 and following and § 21 of Act No. 363/1999 Coll., as amended by

amended.



22A) Act No. 563/1991 Coll., on accounting, as amended.



22B) Act No. 254/2000 Coll. on Auditors and amending Act No. 165/1998

Coll., as amended by law no 209/2002 Sb.



22 c) Act No. 182/2006 Coll., on bankruptcy and the ways of its solution

(insolvency law), as amended.



Article 22). 6 European Parliament and Council Directive 2000/26/EC of 16 December 2002.

May 2000 on the approximation of the laws of the Member States on

with civil liability insurance for the operation of motor vehicles and

amending Council Directive 73/239/EEC and 88/357/EEC.



24) § 39 para. 13 of Act No. 363/1999 Coll.



25) § 5 para. 2 (a). a) of Act No. 101/2000 Coll., on the protection of personal

data and on amendments to certain laws, as amended.



26) for example, § 55 para. 2 of Act No. 48/1997 Coll., on public health

insurance, as amended.



27) Article. 6 European Parliament and Council Directive 2000/26/EC.



27A) § 4 paragraph 2. 4 (b). a) and b) of Act No. 56/2001 Coll.