47/2004 Sb.
LAW
of 14 July 1999. January 2004,
amending the Act No. 168/1999 Coll., on liability insurance
caused by operation of the vehicle and amending certain related laws
(law on the liability insurance of the vehicle), as amended
legislation, Act No. 586/1992 Coll., on income taxes, as amended
legislation, Act No. 200/1990 Coll. on offences, as amended
regulations, and Act No. 40/1964 Coll., the civil code, as amended
the laws of the
Change: 89/2009 Sb.
Parliament has passed the following Act of the United States:
PART THE FIRST
Amendment of the Act on the liability insurance of the vehicle
Article. (I)
Act No. 168/1999 Coll., on liability insurance for damage caused by
the operation of the vehicle and amending certain related laws (the law on the
liability insurance of the vehicle), as amended by Act No. 307/1999
Coll., Act No. 56/2001 Coll. and Act No. 320/2002 Coll., is amended as follows:
1. In article 1 (1). 1, after the words "this Act", the words "in the
accordance with the law of the European Communities ' ^ 1 ') "and the word" scope "
replaced by the words "legal status, organisation and course activities".
Footnote 1) reads as follows:
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 directive
72/430/EEC and Council Directive 84/5/EEC.
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.
Third Council Directive 90/232/EEC of 14 June 1993 May 1990 on the approximation of
laws of the Member States relating to insurance
civil liability of the use of motor vehicles.
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. '.
Footnote 1) is renumbered as footnote
No. 1a) including a reference to this footnote.
2. In article 1 (1). 3 the words "civil code" shall be replaced by
"special legislation" ^ 4a) ".
Footnote 4a):
' 4a) Act No. 37/2004 Coll., on insurance contracts and amending related
laws (law on insurance contracts). ".
3. § 2 including the footnotes No. 5), 9) and 10) is added:
"§ 2
Definition of terms
For the purposes of this Act, means the
a) vehicle
the road vehicle, the special vehicle and trolley bus; a road vehicle is
vehicle type of moped, motorcycle, tricycle, or all-terrain vehicle, personal
car, bus, truck, special truck, tractor,
trailer; special vehicle is a vehicle kind of tractor and its
trailers (including jednonápravového tractor with trailer),
self-propelled working machine, working machine mount and vehicle category
R; the special vehicle category R are other vehicles that cannot be
classified in the above categories, in particular, snowmobile, snowcat,
all-terrain vehicle used for the transport of materials or technologies; for the vehicle
does not consider the wheelchair, ^ 5)
b) domestic vehicle
a vehicle that is subject to registration of road vehicles by
special legal regulation ^ 9) (hereinafter referred to as "vehicles"), or
a vehicle which is not subject to the registration of vehicles and is in the possession of the physical
persons residing in the territory of the Czech Republic or a legal entity
located on the territory of the Czech Republic,
(c) a non-resident vehicle)
a vehicle that is equipped with a foreign license plate number or vehicle,
that is not equipped with a foreign license plate number and is owned by
a natural person resident or legal person located outside the territory
The United States,
(d)) by the insurer
the insurance company, which is under special legislation ^ 10) is entitled to
to operate on the territory of the United States liability insurance,
(e)) the policyholder
the person who has entered into a contract with the insurer about insurance,
f) insured
the one whose liability is covered by liability insurance,
g) damaged
the one who was operating the vehicle caused the damage and is entitled to the reimbursement of
damages under this Act,
h) harmful act
the operation of a vehicle causing damage,
I) insurers ' bureaux
professional organisation bringing together insurance undertakings that are in a specific State
authorised to carry liability insurance,
j) authority records
the administrative authority, which keeps records of vehicles, ^ 9)
k) green card
international car insurance card,
l) by the Member State
Member State of the European Union or other State forming the European economic
space,
m) the territory in which the vehicle is normally based,
1. the territory of the State whose license plates or other registration
brand carried by the vehicle, 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 of the vehicle, if the place of residence for
This vehicle does not require or license plate or mark assigned
the insurer or other distinguishing sign, that is similar to the State
license plates.
5) § 3 and the annex to the Act No. 56/2001 Coll., on conditions for the operation of vehicles on
road safety and on the amendment 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 Act No. 309/1999 Coll.
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. ".
4. In article 3, paragraph 3. 1 the first sentence, the words "approved by the Ministry"
shall be deleted.
5. In section 3, paragraph 3. 1 the last sentence, the word "Department" shall be replaced by
"The Ministry of Finance (hereinafter the ' Ministry ')".
6. In section 3, paragraph 3. 4 (b). and) the words "18 million" shall be replaced by "35
000 000 ".
7. in section 3, paragraph 3. 4 (b). (b)), the words "5 million" shall be replaced by "18 000
000 ".
8. in section 3, paragraphs 5 to 7, including the footnote No 11) and 11a) are added:
"(5) an insurer is required to provide insurance, so as to ensure
Permanent satisfiability liabilities arising operation insurance
liability, in particular, adequate assets whose sources are
the technical reserves under special legislation governing the
insurance, ^ 11) and the payment of contributions by the Office pursuant to § 18 para. 5.
(6) when negotiating insurance premiums in the insurance contract, the insurer
obliged to take account of the 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.
(7) the method of determining the amount of the premium, the insurer shall submit to the
the control of the Ministry, at his 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 ^ 11a)
the accuracy of the method of determining the amount of the premium.
11) section 13 and following of Act No. 363/1999 Coll.
11A) Article 23 of Act No. 363/1999 Coll. ".
9. in article 3, paragraph 8 shall be deleted.
10. in the second sentence of paragraph 4 shall be replaced by the phrase "this does not affect the right to
insurance contract by a person other than the owner of the
domestic vehicle or driver of a foreign vehicle. ".
11. in § 5 para. 1 letter b) including footnote 12) reads as follows:
"(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)
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. ".
12. Footnote 13) and 14) shall be deleted.
13. in § 5 para. 1 (b). (c)), the words "police services for the detection
corruption and serious economic crime, vehicle service staff
the criminal police "are replaced by the words" the services of the service of criminal police and
the investigation ".
14. In paragraph 6, the following paragraph 4 to 7 shall be inserted:
"(4) 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.
(5) liability insurance is also valid on the territory of other States than the States
referred to in paragraph 4, the validity of the insurance if the insurer on
green card marked.
(6) in the case of damage 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.
(7) The damage 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
not covered by the scope of the damage occurs, any national Office
insurers are covered by the legislation of the Member State in whose
territory the vehicle is normally based. ".
15. in section 7 (2). 1 at the end of the text of the letter b), the words "with the
the exception of damages in accordance with § 6 para. 2 (a). (c)), if such damage is related to the
damage under section 6 (1). 2 (a). a),".
16. in section 7 (2). 1 letter d) is added:
"(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 the vehicle, ".
17. in paragraph 7 (2). 1 at the end of subparagraph (g)) is replaced by a comma and dot
the following point (h)), which read as follows:
"h) damage caused by the operation of the vehicle when a terrorist crime or war
the event, if this operation has a direct correlation with this Act, or
event. ".
18. in paragraph 7, the following paragraph 3 is added:
"(3) in the event of a collision of vehicles that are owned by the same person
the damage caused by this 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
the damage is caused. ".
19. in § 8 para. 2 at the end of the text of the letter b), the words "and
immediately inform the insurer about its progress and outcome, ".
20. In § 8 para. 3, the word "closed" is replaced by "agreed".
21. in § 9 para. 2, the words "on the amount of damages." shall be replaced by "on the
its obligations to provide indemnity. ".
22. in section 9, paragraph 3 is added:
"(3) the insurer is obliged to carry out the 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
the indemnification obligation has not been contested by the insurer
carry out the insurance liability and claims for damages were
demonstrated, or
(b) submit a written explanation to the victim) to those it claims to
damages, which were rejected by the insurer or for which
performance of the insurer reduced. ".
23. in section 9, paragraph 3, the following paragraph 4 is added:
"(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 amount set out in the insurance contract
higher. ".
The current paragraph 4 shall become paragraph 5.
24. in section 9, paragraph 5, including footnote No. 16a):
"(5) if the threatened proceedings concerning an offence under a special legal
předpisu16) or negotiating a misdemeanor, tells the body active in criminal
control or authority hearing the offense to the insurer or the Office
details about the accident in the range according to a special legal
prescription, 16a) or ^ will allow him to access to the file, and take from it
statements in a case concerning the incident.
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 accidents. "
25. in section 9, the following paragraph 9a is inserted:
"§ 9a
The claims representative
(1) an insurer is required to establish in each Member State, inter
the Member State in which he obtained the licence to operate insurance
liability claims representative. The claims representative shall have, with respect to
natural person, residence or place of business, and in the case of legal
person, its registered office in the State in which it is defined.
(2) the claims representative on behalf of and for the account of the insurer is hearing loss
events, including the final settlement of the claims of the victims
compensation for damages. For this purpose, collects information necessary to investigate
such claims and shall implement measures for their settlement, if the damage
caused by the operation of the vehicle,
and) to which has been the subject of liability insurance with an insurer or
the branch of the insurer in another Member State other than the State in which the
damaged residence or registered office,
(b)) that usually has a post in another Member State other than the State in
which has damaged the residence or registered office, and
(c)) if the damage in another Member State other than the State in which the
It has damaged the residence or head office.
(3) the claims representative may be active and for multiple insurers. Must be
empowered to represent the insurer in relation to the victim, equipped with a
sufficient powers to satisfy the legitimate claims of the injured party in the
full and able to deal with the matter in the official language of the Member State
of residence of the injured party. The appointment of a claims representative shall not preclude the
the right of the injured party or his insurer to make a claim for compensation
damages directly against the person who caused the damage, or
against the relevant insurers.
(4) the appointment of a claims representative is not the establishment of the branch of the insurer.
(5) the insurer is obliged to inform the Office of the first and last name, date of
of birth and home address or business address of the claims representative,
If it is a natural person, or the business name or name and address,
in the case of a legal person, state his scope and all of the changes and
it within 7 days from the date of his appointment or make a change. The Office of the
forwards the information without delay to the competent national
to the information centre of the Member States. ".
26. in section 10, at the end of paragraph 1, the period is replaced by a comma and the following
letters e) and (f)), which read as follows:
"e) has not fulfilled an obligation pursuant to gratuitously § 8 para. 1 and 2, and as a result
It was difficult to envisage the possibility of proper investigation by the insurer pursuant to § 9 para.
3, or
f) unreasonably refused as the driver of the vehicle to undergo the challenge
Member of the police of the Czech Republic to the test for the presence of alcohol,
narcotic or psychotropic substances, or drug marked ban control
motor vehicle. ".
27. in section 10, paragraph 1. 2 (a). and), the word "road" be deleted and the word
"traffic" with the words "on the road".
28. in § 12 para. 1 (b). a) after the word "policy-holder", the words ",
his heir, successor or the owner of the vehicle, if the person
different from the policyholder, ".
29. in § 12 para. 1 letter e) is added:
"(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 premiums; the time limit set by the insurer in
reminder to pay the premium or its part can be before it is
the expiry of the agreement be extended ".
30. In paragraph 12, at the end of paragraph 1, the period is replaced by a comma and the following
Letter g) and (h)), which read as follows:
"g) agreement,
h) expiration of the period for which the insurance was taken out liability. ".
31. in § 13 para. 1 (b). (b)), after the words "the insurer shall" be inserted
the words "return of proof of insurance and a green card without undue
delay to the policyholder in writing to confirm and "and the words" 15 days "
the words "after the date of its delivery."
32. In § 14 para. 2, after the words "United States", the words "and on the
the territory of another Member State ".
33. section 15, including footnote No. 23):
"§ 15
Evidence of liability insurance
(1) the insurer shall supply information to the Office on the creation, modification and termination of
liability insurance, at least in the range of data to be given in the document for
liability insurance, and at the latest 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 the registration of vehicles, the Transportation Department, which operates the
The central register of vehicles.
(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 that it held the data. The Office has the right to
to request the communication of individual data kept in the central register
vehicles, if they are for reasons arising from its scope by
of 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 vehicle, is the owner of the vehicle shall be in the same
the deadline to surrender license plates and registration certificates of this
vehicle registration to the competent authority. If, for objective reasons,
to fulfil this obligation, the owner of the vehicle of such fact without
undue delay inform the competent authority. These obligations
are met, even if he did so, the vehicle operator registered in
the registry of vehicles.
(6) failure to comply with the obligations referred to in paragraph 5 to announce the Office without
undue delay through the central register of vehicle body
evidence to the competent according to the place of residence or seat of the owner
domestic vehicles, which, on the basis of this notice initiates the administrative
a procedure in which depending on the identified circumstances shall decide on the
fines (section 16 (1)), where appropriate, to exclude vehicles from the registry
road vehicles. ^ 23)
(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.
23) sections 13 and 14 of Act No. 56/2001 Coll. ".
34. in paragraph 15 of section 15a shall be inserted:
"§ 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 and
(d)) pojistitelích, their branches established in other Member States
and appointed by claims representatives made.
(2) the information referred to in paragraph 1 (b). and) relating to the domestic
vehicles, detects the Office through a central registry of 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 shame,
(b) the insurance contract number of) liability insurance concluded
the insurer in accordance with subparagraph (a)),
(c) representatives of the insurer's claims) if the injured party with
resident in another Member State,
(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 damage 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, figuring out the Office
through the information centres of the Member States. '.
35. section 16, including the title reads as follows:
"Offences and other administrative offences
section 16 of the
(1) the offense is committed by a natural person who
and operates a vehicle without) insurance, although this must be
the liability of the insured pursuant to § 1 (1). 2,
(b) fails to register to the competent authority) license plates and
certificate of registration of the vehicle in the event of termination of liability insurance
under § 15 para. 5, or
(c) when operating vehicles) do not submit, upon request, National Police
States evidence of liability insurance pursuant to § 17 para. 1.
(2) other administrative offence is committed by a legal person, which
and operates a vehicle without) insurance, although this must be
the liability of the insured pursuant to § 1 (1). 2, or
(b) fails to register to the competent authority) license plates and
certificate of registration of the vehicle in the event of termination of liability insurance
under § 15 para. 5.
(3) 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.
(4) in another administrative offence referred to in paragraph 2 (a). and a fine may be imposed)
up to 20 000 CZK and for other administrative offence referred to in paragraph 2 (a). (b)) can be
impose a fine of up to $10,000. ".
36. in article 16, the following new section 16a, which including the footnotes No.
20) and 20a):
"§ 16a
(1) General conditions of liability for violations shall be assessed and
provincial offences Act shall be carried out under a special legal regulation, ^ 20) if it is not
unless provided otherwise below.
(2) the fine imposed by the Executive authority of the legal person, who is authorized to
discuss the violations referred to in § 16 para. 1. The administrative authority shall also
fines collected and enforced by special legislation. ^ 20a) fines
are income to the budget, which is guaranteed by the activity of the administrative authority
the fine imposed in the block management are the State budget revenue.
(3) liability for offences and other administrative offences shall expire if the
from the date of the Commission of 2 years.
(4) the jurisdiction of the administrative authority to discuss violations and other
administrative offences are governed by the seat of the legal person or permanent residents
natural persons.
(5) in proceedings under this Act, the administrative authority shall be entitled to
request information from the competent authority records, from the insurer, or
from the Office.
20) Act No. 200/1990 Coll. on offences, as amended.
20A) Act No. 337/1992 Coll., on administration of taxes and fees, as amended by
amended. ".
37. In paragraph 17, the existing text shall become paragraph 1 and the words "proof of
insurance, "shall be replaced by the words" proof of insurance or ".
38. In paragraph 17, the following paragraph 2 to 5, including the footnotes
# 20b) are added:
"(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
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
the territory of another Member State who, before entering 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).
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. ".
39. In section 18 para. 1 the second sentence after the word "is" is inserted after the word "professional"
the word "Act" shall be replaced by the word "business" and at the end of paragraph 1,
added the sentence "for the purposes of this Act, the Office considers
domestic insurance undertaking and its activities shall apply mutatis mutandis to the provisions of
special legislation regulating the insurance industry. 10) Office
is recorded in the commercial register. ".
40. in section 18 paragraph 2 reads as follows:
"(2)
and manages the guarantee fund)
(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 insurers ' Bureaux of foreign States, information
centres and bodies in other Member States the handling of
refill requests and secures the tasks arising from these
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 prevention of damage use on the road
and on the prevention of insurance fraud in insurance related to the operation
vehicles. ".
41. In section 18 para. 3, in the first sentence after the word "responsibilities"
the words "or on the date of commencement of activities in this class of insurance in the territory
The United States insurance company from another Member State. '.
42. In section 18 para. 4, the words "to the business of insurance" shall be replaced by
the words "the date on which the insurance undertaking from another Member State may no longer be the permissions
to carry liability insurance on the territory of the Czech Republic. "
43. In section 18 para. 6, the word "rezervy11)" is replaced by "reserve ^ 22)
and that the commitments to which it does not have a corresponding Bureau
assets. ".
Footnote 22):
"22) section 13 and following and § 21 of Act No. 363/1999 Coll., as amended by
amended. ".
44. In section 18 paragraphs 7 and 8, including footnotes # 22a and 22b))
shall be added:
"(7) the Ministry shall notify the Office, without undue delay, the fact
in accordance with paragraphs 3 and 4.
(8) 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) unless it is 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)
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 Coll. ".
45. under section 18 shall be added to § 18a is inserted:
"§ 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 and address of the owner) or usual driver or the registered
keeper of the vehicle, which was damaged, the damage caused by
(b)) the trade name and address of insurance company that was insured
liability from the operation of the vehicle, which was the victim of shame
caused by,
(c) the number of the insurance contract) that it was the responsibility of the operation of the vehicle,
the operation was injured the damage is caused, the insured,
d) name and address of insurance company claims representative referred to in point (a) (b)) in the United
Republic,
If an insured event occurred in a Member State other than the United
Republic vehicle normally based in another Member
State other than the Czech Republic.
(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 in which) the damage 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. ".
46. In article 20 (2). 2 the first and second sentence, the words "the Office," added
the words "who run the liability insurance on the territory of the Czech Republic
otherwise than by way of freedom to provide services. ".
47. In section 24 paragraph 2 reads as follows:
"(2) the Office provides the guarantee fund to the victim
and for damage to) performance of health or killing caused by operation
an unidentified vehicle, for which corresponds to the unknown person
(b)) for damage caused by operation of the vehicle, for which he is responsible
a person without insurance,
(c)) for damage caused by operation of the vehicle, for which he is responsible
a person whose liability for this damage is insured with an insurer
that because of their bankruptcy cannot pay such damage,
(d)) for damage caused by operation of a foreign vehicle, for which the
corresponds to the person whose liability for this damage is insured by the border
insurance,
e) performance for damage 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)). ".
48. In § 24 para. 3, after the words "referred to in paragraph 2", the words "(a).
a) to (e)), "and at the end of the paragraph, the following sentence" the claim Office on
compensation for transaction referred to in paragraph 2 (a). (b)), and (c)) shall be deemed to
the claim for the essence under special legislation. ^ 22 c) ".
Footnote No 22 c) is added:
"22 c) § 31 para. 2 Act No. 328/1991 Coll., on bankruptcy and settlement in
as amended. ".
49. In § 24 para. 4, the second sentence shall be deleted.
50. in § 24 para. 5 the second sentence, the words "five thousand" are replaced by "5
000 ".
51. In section 24 shall be inserted after paragraph 5 a new paragraph 6 is added:
"(6) If a dispute arises between the Office and the insurer, or by the Ministry of
in the cases referred to in § 11 dispute over who is the victim
to discharge, shall provide the injured party the reimbursement of proven damage Office. If from
further investigation shows that the performance should be totally or partially
provided by the insurer, or the Ministry of finance in cases
referred to in section 11, the insurer, or the Ministry of finance in the
the cases referred to in § 11 shall the Office provided by the performance of the
replace. ".
Paragraphs 6 to 9 shall be renumbered 7 to 10.
52. In section 24 paragraph 8 reads as follows:
"(8) the payment of benefits from the guarantee fund is created the Office of the claim against the
who is responsible for the damage referred to in paragraph 2 (a). a) and b), the refund
What filled in for him. Against the insurer has the right to claim
What rankled for the insured person in accordance with paragraph 2 (a). (c)) and under section 24a
paragraph. 1 (b). and the Office is obliged to) request the competent guarantee
the Fund, as appropriate, to the relevant Office of the insurers to pay for what
meet the injured party in accordance with paragraph 2 (a). (e)) or in the form of a replacement
transactions under section 24a of para. 1 (b). (b)) and section 24b. ".
53. In section 24, paragraph 10 shall be deleted.
54. under section 24, the following new section 24a and 24b, which including notes below
line no. 22):
"Refill out of the guarantee fund
§ 24a
(1) the guarantee fund of the Office provides a replacement service
and the insurer has failed to fulfil an obligation under the) § 9 para. 3, or
(b)) the insurer established in another Member State than the Czech Republic,
neustanovil in the Czech Republic a claims representative under section 9a.
(2) Replacement of performance pursuant to paragraph 1. (b)) is provided to the victim
resident in the territory of the United States only in the case of an insured
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 in another Member State than in the Czech Republic and
(b)) this is a vehicle normally based in a Member State other than the
in the Czech Republic, or
(c) the insured event) came into being on the territory of another Member State than in the Czech
Republic or in the territory of another Member State than when passing through its
the territory of one Member State to another Member State.
(3) substitute the Office provides to the victim on the basis of its
written request. Damaged has no objection to the Office the right to replacement
transactions when
and) in the case referred to in paragraph 1 (b). (b)) has already submitted an application for compensation
damages directly to the insurer, which has concluded an insurance contract of insurance
liability relating to the vehicle, which was the damage caused
and if he received an expression of that insurer within 3 months from the date of
the submission of the request, or
(b)) it was in the case of judicial proceedings directly against the competent
the insurer.
(4) 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 directly or through designated a claims representative
provide the injured party with damages or communicate the reasons for the
that reduces your performance or for which he refuses to perform.
(5) the Agency without undue delay after receipt of the request for a replacement
performance writing
and the insurer, which closed) the insurance contract of insurance
liability relating to the vehicle, which was caused by damage,
or to its claims representative,
(b)) in the Member State authority in charge of the seat of the insurer or its
the branch, which has concluded an insurance contract of the insurance liability
relating to the vehicle, which was caused by damage, or
(c)) the person liable, if known, that has received a request from the
the injured party and that this request shall execute within 2 months from the date of its
receipt.
(6) 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 insurer or its branch which has the insurance
the contract of insurance relating to the vehicle, which
have suffered damage.
(7) Payment of compensation rights damaged against the person
which caused the damage, or against its insurer in the Office.
(8) If a competent authority of another Member State other than the United
Republic, provided in accordance with the law of the European communities ^ 22)
refill the injured party resident in the same Member
State and to enforce its right to claim against the Office, Office as follows
entitlement will satisfy without undue delay.
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, cause damage, or
(b)) within 2 months from the date of the damage caused by the operation of the vehicle is not
You can find the insurance company, which was formed to provide insurance
the performance for this damage.
(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 damage occurs, the
If you cannot find the vehicle, which was inflicted,
(b)) against the guarantee fund of the Member State in which the damage occurs, the
If the damage 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 damage was caused by the operation, normally based if you cannot
determine the insurance company, which was founded to provide indemnification
for damage caused by such a vehicle.
(3) the provisions of § 24 para. 7 and 8 shall apply in the case of compensation
referred to in paragraph 1 apply mutatis mutandis.
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. '.
55. section 26 including the title reads as follows:
"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. In case of death of the owner of the vehicle shall exercise
the obligations of the owner of the vehicle under this Act, his heir, in the case of
more heirs because that was the other heirs. If it is not
No one in charge, then the Court shall exercise these obligations specified by the administrator
heritage. 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
a person without legal successor, the liquidator, if this person is in bankruptcy,
the administrator in bankruptcy.
(2) in the case of the death of the policyholder's rights and obligations
liability insurance until the legal force of the resolution on the acquisition of
heritage to the heirs jointly and severally. ".
56. under section 26 the following new section 26a, which reads as follows:
"§ 26a
For the municipal authority municipality with extended powers, or
parts of the city under this Act are transferred
scope. ".
Article II
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. (III)
The publication of the full text of the Act
The Prime Minister shall be empowered, in the collection of laws promulgated the full text
Act No. 168/1999 Coll., on liability insurance for damage caused by
the operation of the vehicle and amending certain related laws (the law on the
liability insurance of the vehicle), as is apparent from later
laws.
Article IV
Regulation (EEC)
The date of entry of the Treaty of accession of the Czech Republic to the European Union in
force ceases to be valid the provisions of § 6 (1). 3 of the Act No. 168/1999
Coll., on liability insurance for damage caused by operation of the vehicle and the
changes to some related laws (Act on liability insurance
operation of the vehicle), as amended by this Act.
PART TWO
Amendment of the Act on income taxes
Article. In
Act No. 586/1992 Coll., on income taxes, as amended by Act No. 35/1993
Coll., Act No. 96/1993 Coll., Act No. 156/1993 Coll., Act No. 196/1993
Coll., Act No. 323/1993 Coll., Act No. 42/1994 Coll., Act No. 85/1994
Coll., Act No. 114/1994 Coll., Act No. 266/1994 Coll., Act No. 32/1995
Coll., Act No. 87/1995 Coll., Act No. 118/1995 Coll., Act No. 149/1995
Coll., Act No. 247/1995 Coll., Act No. 314/1996 Coll., Act No. 18/1997
Coll., Act No. 151/1997 Coll., Act No. 209/1997 Coll., Act No. 209/1997
Coll., Act No. 227/1997 Coll., Act No. 111/1998 Coll., Act No. 148/1998
Coll., Act No. 167/1998 Coll., Act No. 333/1998 Coll., Act No. 63/1999
Coll., Act No. 129/1999 Coll., Act No. 144/1999 Coll., Act No. 169/1999
Coll., Act No. 222/1999 Coll., Constitutional Court published under no.
3/2000 Coll., Act No. 17/2000 Coll., Act No. 27/2000 Coll., Act No.
72/2000 Coll., Act No. 100/2000 Coll., Act No. 101/2000 Coll., Act No.
121/2000 Coll., Act No. 132/2000 Coll., Act No. 242/2000 Coll., Act No.
340/2000 Coll., Act No. 492/2000 Coll., Act No. 115/2001 Coll., Act No.
120/2001 Coll., Act No. 239/2001 Coll., Act No. 452/2001 Coll., Act No.
483/2001 Coll., Act No. 50/2002 Coll., Act No. 128/2002 Coll., Act No.
198/2002 Coll., Act No. 210/2002 Coll., Act No. 260/2002 Coll., Act No.
309/2002 Coll., Act No. 575/2002 Coll., Act No. 161/2003 Coll., Act No.
362/2003 Coll., Act No. 441/2003 Coll. and Act No. 19/2004 Coll., is amended
as follows:
1. in article 15, paragraph 1 reads:
"(13) From the basis of assessment for the tax year, you can subtract the taxpayer
regular premiums paid in the tax year on his private life
insurance under the insurance contract concluded between the taxpayer as
the policyholder and the insured in one person and an insurance company that is
authorized to engage in insurance activities in the territory of the Czech Republic
under a special legal předpisu89), provided that the payment of the
insurance (pension or a one-time performance) is negotiated in the contract
up to 60 months from conclusion of the contract and at the same time, first in the calendar
the year in which the taxpayer reaches the age of 60, and for insurance
the contract with the agreed insurance amount in case of survival, for
provided that it meets the minimum sum insured. Minimum
the insured amount shall be established for these insurance contracts with the insurance period
from 5 to 15 years, including a $40,000 and for insurance contracts with the insurance
time over 15 years to 70 000. For the pension insurance scheme for the minimum
sum insured shall be deemed adequate performance when the one-time life expectancy.
A lump sum paid insurance premiums are fairly shared in the tax year
According to the length of the insurance period to the nearest days. The maximum amount
that can be deducted under this paragraph in the tax period shall be in
the total CZK 12,000, even in the case that the taxpayer has concluded several contracts
with multiple insurance companies. Failure to comply with these terms because of the demise of the
insurance or additional changes to the duration of the insurance claim
the deduction of the tax free amount of tax base and income pursuant to section 10 in the
the tax year in which this event has occurred, the amount of
that was the taxpayer in the relevant years due paid
insurance premium tax base is reduced. For insurance contracts for which will not be
paid indemnity or surrender value and at the same time reserve or
the capital value of the insurance will be transferred to a new contract for the private
life insurance which meets the requirements for tax deductibility is not
the taxpayer as the policyholder and the insured in one person required to file a tax
return and include as income pursuant to section 10 of the amount by which he has been in the
the due premiums paid the tax base
reduced. ".
2. in article 15, the following paragraph 3 is added:
"(15) on insurance contracts that do not meet the minimum insurance
amounts (§ 15 para. 13), in which the taxpayer could apply the tax
You cannot deduct, from the effective date of the amendment to this Act to apply the tax
deduction and insurance companies on such insurance contracts are not policyholders
confirmation of insurance paid by the taxpayer to the private
life insurance on the previous tax period. ".
3. in section 19 para. 1 the letter w) including footnote # 86)
repealed.
Letters x) up to PLN) are known as the letters w) to XP).
4. in section 21 para. 2 with the numeral "15" is replaced by "5".
5. in section 21 para. 2 point a), the words "and the Pension Fund", including a link
on footnote No. 9a) shall be deleted.
6. in article 21, paragraph 2, the following paragraph 3 is added:
"(3) the tax rate is 15% for pension fund. 9a) this tax rate is
apply to the tax base is reduced by the item under section 34, which
rounded up to whole of thousand of down. ".
Paragraphs 3 to 5 shall become paragraphs 4 to 6.
Čl.VI
Transitional provision
The provisions of § 15 para. 13 and 15, § 19 para. 1 and § 21 para. 2 and 3 of the law
No. 586/1992 Coll., on income taxes, as amended by this Act, shall apply
for the first time for the tax period that began in 2004.
PART THREE
Changing the law on misdemeanors
Article. (VII)
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. 283/1995 Coll., Act No. 237/1995 Coll., Act No. 289/1995 Coll.
Act No. 111/1998 Coll., 168/1999 Coll., Act No. 360/1999 Coll., Act No.
29/2000 Coll., Act No. 121/2000 Coll., Act No. 132/2000 Coll., Act No.
151/2000 Coll., Act No. 258/2000 Coll., Act No. 361/2000 Coll., Act No.
370/2000 Coll., Act No. 52/2001 Coll., Act No. 164/2001 Coll., Act No.
254/2001 Coll., Act No. 265/2001 Coll., Act No. 273/2001 Coll., Act No.
273/2001 Coll., Act No. 312/2001 Coll., Act No. 6/2002 Coll., Act No.
62/2002 Coll., Act No. 77/2002 Coll., Act No. 218/2002 Coll., Act No.
259/2002 Coll., Act No. 285/2002 Coll., Act No. 312/2002 Coll., Act No.
320/2002 Coll., Act No. 218/2003 Coll., Act No. 274/2003 Coll. and act
No. 361/2003 Coll., is amended as follows:
1. Section 23a is hereby repealed.
2. In paragraph 86 (a). and) the words "§ 23a para. 1 (b). (c)) "shall be deleted.
PART FOUR
cancelled
Article. (VIII)
cancelled
PART FIVE
The EFFECTIVENESS of the
Article. (IX)
This Act shall take effect on 1 January 2000. May 2004, with the exception of the provisions
§ 6 para. 4 to 6, § 9a, 15a, § 17 para. 2, § 18 para. 2 (a). (b)), and (d)),
§ 18a, § 24 para. 2, § 24a and 24b 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, shall take effect on the date of entry
the Treaty of accession of the Czech Republic to the European Union enters into force.
Fort Worth Star Telegram in r.
Klaus r.
Spidla in r.
