137/2008 Sb.
LAW
of 20 December. in March 2008,
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. 363/1999 Coll., on insurance and amending certain
related acts (the Insurance Act), as amended
legislation, 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., as amended
regulations, and Act No. 48/1997 Coll., on public health insurance, and about
amendments to some related laws, as amended
the laws of the
Change: 278/2009 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., Act No. 320/2002 Coll., Act No. 47/2004
Coll., Act No. 377/2005 Coll., Act No. 57/2006 Coll. and Act No. 296/2007
Coll., is amended as follows:
1. in article 1, paragraph 1, including footnote No 1 is added:
"(1) this Act incorporates the relevant provisions of the European
the communion ^ 1) and edits and) liability insurance for damage caused by
the operation of the vehicle (hereinafter referred to as "liability insurance"), (b)) the establishment of the United
insurers ' Bureaux (hereinafter referred to as "the Office"), its legal status,
Organization and activities.
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. ".
2. In paragraph 1, at the end of paragraph 2 the following sentence "the insurance obligation
liability must be met even when leaving the vehicle on the ground
communication. ".
3. in article 2 letter a) including footnote # 5 reads as follows:
"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,
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. ".
4. In paragraph 2 (a). (b)) after the word "resident", the words "or the place of
business ".
5. in paragraph 2 of the text at the end of subparagraph (b)), the words "or vehicle,
that was sent to the United States from another Member State
[the letter l)], if the Czech Republic by the State of destination, and that after
for 30 days from the date when the buyer the person took over, even if the vehicle
the vehicle has not been registered in the Czech Republic ".
6. In paragraph 2 (a). (c)), the words "resident" shall be replaced by ' residence
or place of business is outside the territory of the Czech Republic, or ".
7. In paragraph 2 (a). (g)), the word "claim" is replaced with "right" and the words
"under this Act" shall be deleted.
8. in paragraph 2 of the letter k):
"k) green card international certificate proving the fact that the
the vehicle was a contract for liability insurance
caused by operation of vehicles referred to in this certificate ".
9. In paragraph 2 (a). m), point 1, the words "brand or a different license plate
the vehicle carries, "shall be replaced by the words" brand name or other registration
the vehicle is fitted with, regardless of whether the mark is a perpetual
or temporary, ".
10. In paragraph 2 (a). m) point 3 shall be added after the word "owner", the words "or
joint owner (hereinafter referred to as the "owner") ".
11. In paragraph 2 (a). m) at the end of the dot point 3 shall be replaced by ", or"
and the following point 4 is added:
"4. the territory of the State in which the harmful event occurred, if this is
on the vehicle without registration, although should be such
tag bears, 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).“.
12. section 3, including title and footnote No 11:
"§ 3
The insurance contract
Insurance of liability arises on the basis of the insurance contract concluded between the
policyholder and an 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 locking ^ 4a
the terms of the insurer. In the insurance contract, the parties may, by
This law depart only if this does not reduce or
restriction of rights of the injured party, arising from the law on the compensation of the
liability insurance, caused by the operation of the vehicle. Insurance
liability cannot break ^ 11), unless the insurance contract
otherwise agreed. It was agreed in the insurance contract interruption
liability insurance, the policyholder is obliged to interrupt before the beginning
demonstrate to the insurer, insurance that gave evidence to the competent authority
license plates and vehicle registration certificates. At the time of
interruption insurance is not, the insurance obligation
liability.
(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.
(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 are not aware of some of the
details of the vehicle, but they don't identify, communicate them to the
the policyholder to the insurer within a period which the insurer shall designate, no later than
within 15 days from the date of conclusion of the insurance contract. Change of information relating to
the policyholder and the policyholder shall notify the insurer of the vehicle within 15 days from the date of
When this change occurred.
11) section 18 of Act No. 37/2004 Coll. ".
Footnote No. 11a shall be deleted.
13. in section 3, the following new paragraph 3a and 3b, which including the titles and notes
footnote No. 11a and 11b shall be added:
' 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 a) for damage in accordance with § 6 para.
2 (a). and at least 35 000 000 CZK), of each of the injured or usmrceného
including a refund of the cost of care paid for by the public
health insurance and the regression of the claim under section 6 (1). 4 (b)) when you
damage under section 6 (1). 2 (a). (b)), and (c)) at least 35 000 000 Eur, 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.
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. Taking into account the previous
the insurer shall not take into consideration the claims during the time of the interruption insurance
liability. In this case, taking into account the previous
the claims during the period of interruption shall not be counted in the liability insurance
the insurance period of the insurance. The method of determining the amount of insurance premiums
the insurer shall submit to the control of the Czech National Bank on its written
request, including statistical data, on which is a way of
determination of the amount of the insurance premium is based, and the confirmation of the responsible insurance
Mathematics ^ 11b) the accuracy of the method of determining the amount of the premium.
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. ".
14. section 4 is repealed.
15. in § 5 para. 2 the first sentence, the word "Department" shall be replaced by
"The Ministry of Finance (hereinafter the ' Ministry ')".
16. in section 6 paragraph 2, including footnote # 15:
"(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 ^ 15)
the injured party
and the damage caused to health) 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 for which the insured is liable,
occurred at the time of duration of the insurance liability, with the exception of the time of its
the interrupt.
15) § 442 and following of the civil code. ".
17. In paragraph 6 shall be inserted after paragraph 2 of the new paragraphs 3 and 4, including
footnotes # 15a and 15b are inserted:
"(3) the damage referred to in paragraph 2 (a). ) to c) are to be paid in cash,
However to the maximum limit of indemnity provided for in the insurance
the 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 for which the insured is liable, occurred during the insurance period
liability, with the exception of the period of interruption. This applies mutatis mutandis in
the case of the damages to be paid to the insured person prescribed by law
governing sickness insurance ^ 15b).
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. ".
Paragraphs 4 to 7 shall become paragraphs 5 through 8.
18. in paragraph 7 of the text at the end of paragraph 2, the words "including compensation
the cost of care paid for by public health insurance
and regression of the claim under section 6 (1). 4. "
19. in paragraph 7, the following paragraph 4 is added:
"(4) for damage caused by operation of the vehicle, to the extent that they
the insured person for such damage and by duly demonstrated,
You cannot refuse or decrease except in the cases referred to in this
Act. ".
20. In § 8 para. 2 (a). (c)), the words "it was claimed" are replaced by
the words "it was claimed".
21. in section 8 paragraph 3 reads:
"(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 the registration of vehicles, State
the license plate number of the vehicle to which the damage was caused by. ".
22. in § 9 para. 3 (b). a), the words "to compensation ' shall be replaced by
"the injured party".
23. in § 9 para. 3 (b). (b)), the words "to compensation ' shall be deleted.
24. in paragraph 9, the end of the text of paragraph 3, the words ", or the
which it was not possible to end the investigation in due time ".
25. section 9a including title:
"§ 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 damage 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 the damage 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 the damage 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 for damages directly against a person
that caused the damage, 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. ".
26. in section 9a shall be inserted a new section 9b to 9 d that including the following titles:
"§ 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 damage 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 the damage in 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
damages directly against the person who caused the damage, 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 damage 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 the damage in another Member State than in the Czech Republic,
or
(d)) if the damage 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 damage 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
damages directly against the person who caused the damage, or against
the relevant 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, any other person. ".
27. in section 10, paragraph 1. 1 (b). (c)), the word "or" is deleted.
28. in section 10, paragraph 2, the following paragraph 3 is added:
"(3) the operator of a vehicle shall be jointly and severally liable with the insured
for the insurer's claim for compensation for the amount paid against the insured
referred to in paragraph 1 (b). (b)), or (f)), unless that was unable to conduct
of the insured person's control. The right to reimbursement of the sum paid in accordance with paragraph
1 (b). (f)) against the operator of the vehicle does not arise in the case where the
the vehicle operator has suffered while the vehicle itself did not drive, damage
According to § 6 paragraph 1. 2, which corresponds to the insured, up to the amount in which the
According to this Act, a right to indemnity
liability. ".
Paragraphs 3 and 4 shall become paragraphs 4 and 5.
29. in section 10, paragraph 1. 5, the words "referred to in paragraphs 1 and 3 shall be replaced by
"in accordance with paragraphs 1, 3 and 4".
30. in paragraph 10, the following paragraph 6 is added:
"(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).“.
31. in paragraph 11 (1) 3, the words "in accordance with § 6 para. 3 "shall be replaced by" referred to in
§ 6 para. 4 "and the words" who issued the green card (§ 5 para. 2) "
shall be replaced by "referred to in paragraph 2".
32. In section 11 (1) 4 first and second sentence, the word "claim" shall be replaced by
the "right".
33. In § 12 para. 1 (b)):
"(b)) the date on which a vehicle which is not subject to the registration of vehicles.
the vehicle ceases to exist the moment when the non-refundable change occurs that prevents the
operation ".
34. In § 12 para. 1 (b). (e)), after the words "Inbox to the policyholder"
the words "and at the same time the owner of a domestic vehicle, as regards the
a person different from the policyholder ".
35. In section 12, the following paragraph 3 is added:
"(3) termination of the vehicle that is subject to the registration of vehicles, is the day of the demise of the
liability insurance the day of his permanent exclusion from register vehicles
referred to in paragraph 1 (b). c) except in the case where a person entitled to
This evidenčnímu the Act could not, for reasons independent of the will of the
the obligation to meet and if it fulfilled without delay, when these obstacles
have passed away. In this case, the date of demise of the liability insurance day
When such a vehicle had disappeared. ".
36. In § 13 para. 1 (b). a), the words "proof of insurance and" are deleted.
37. In § 13 para. 1 (b)):
"(b)), the insurer shall on the written request of the policyholder to issue him
within 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
insurer. ".
38. In § 13 para. 2, in the first sentence, the words "for which the premiums were
paid "shall be replaced by" on which the insurance was agreed upon, "and in the
the second sentence after the word "part" is inserted after the word "paid".
39. In article 13, the following paragraph 4 is added:
"(4) the obligation of the policyholder pursuant to paragraph 1. and) apply even if
interruption insurance. ".
40. in article 14, paragraph 1 reads:
"(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
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 United States. ".
41. In § 14 para. 3, the second sentence shall be deleted.
42. In article 15, paragraph 2. 1, after the words "the creation," the words "the time of the
interruption, "and the words" referred to in the proof of liability insurance "
replaced by the words ", which provides for the Ministry by Decree".
43. In article 15, paragraphs 5 and 6, including footnote No 20:
"(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 commit
State license plate and registration certificate or certificate of
technical certificate (the "certificate of registration") of the vehicle
evidence to the competent authority. If you cannot comply with the obligation to turn over State
the license plate and vehicle registration certificate to the competent authority
registration, the owner of the vehicle shall be obliged to make such fact without undue
delay, notify the competent authority. Obligation to surrender his State
the license plate and vehicle registration certificate to the competent authority
evidence is met, even if he did so, the vehicle operator
registered in the registry of vehicles.
(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 central register of vehicles. On the basis of this
the notification authority shall verify compliance with the obligation to turn over evidence of State
the license plate and registration certificate of the vehicle; where the failure to comply with
This obligation, it shall proceed according to the law governing the conditions of operation
vehicles on roads ^ 20).
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. ".
Footnote # 23 is repealed.
44. In article 15, paragraph 2. 9, the words "§ 3 (1). 6 "shall be replaced by the words" § 3b of the paragraph.
2. "
45. In article 15, paragraph 10, including footnote No 25:
"(10) to 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).
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. ".
46. In article 15, the following paragraph 11, which read:
"(11) if the result of the administrative procedure under paragraph 6 disposal
vehicle from the register of road transport vehicles, shall inform the competent
authority of the Registration Office by the central register of vehicles
manner allowing remote access, without undue delay after the
the end of the relevant proceedings. ".
47. In § 15a paragraph 1. 1 letter d) is added:
"(d)) and appointed pojistitelích claims representatives made pursuant to § 9a.".
48. In § 15a paragraph 1 is at the end of the dot is replaced by a comma and the following
the letter e), which reads as follows:
"e) claims representatives made pursuant to § 9b and 9 c.".
49. In § 15a paragraph 1. 3 (c)):
"(c)) claims representatives pursuant to § 9a or 9b, §".
50. In § 15a paragraph 1. 4, after the word "Republic", the words "and
information on claims representatives made pursuant to section 9 c ".
51. In § 16 para. the letter a) to (c)):
"and) contrary to section 1 (1). 2 operates a vehicle without insurance
liability,
(b)) as the owner of the vehicle in violation of § 15 para. 5 does the State
the license plate and registration certificate of the vehicle, or
(c)) as the driver of the vehicle contrary to section 17 para. 1 do not submit Green
card, or proof of frontier insurance. ".
52. In section 16 paragraph 2 reads as follows:
"(2) for the offense referred to in paragraph 1 (b). and you can impose a fine of) 5 000
$ 40 USD, for the offense referred to in paragraph 1 (b). (b) a fine of 2 500)
CZK to CZK 20,000 and for the offense referred to in paragraph 1 (b). c) fine from 1
$ 500 to $ 3,000. You can control the page block for the offense referred to in paragraph 1
(a). (c) impose a fine of up to 1 500). In proceedings for the offence can be
referred to in paragraph 1 (b). and a fine) save CZK 5,000. ".
53. In article 16a para. 1 a) and (b)):
"and) contrary to section 1 (1). 2 operates a vehicle without insurance
liability, or
(b)) as the owner of the vehicle in violation of § 15 para. 5 does the State
the license plate and registration certificate of the vehicle. ".
54. In article 16a, paragraph 2 reads as follows:
"(2) for the administrative offence referred to in paragraph 1 (b). and) saves a penalty from 5
EUR to CZK 40,000 and for the administrative offence referred to in paragraph 1 (b). (b))
a fine from $ 2 500 to $ 2,000. In proceedings for the offence can be
referred to in paragraph 1 (b). and a fine) save CZK 5,000. ".
55. In section 16b, paragraph 3 reads:
"(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. "
56. In paragraph 16 b paragraph 4 is added:
"(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. ".
57. In section 16b, para. 5, after the words "natural person" the words ", at the
entrepreneurial natural persons the place of his business ".
58. In article 16b shall be inserted after paragraph 5 a new paragraph 6 is added:
"(6) the responsibility for acts that occurred during 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).
c).“.
The present paragraph 6 is renumbered as paragraph 7.
59. In section 16b paragraph 7 is added:
"(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 selects and
exercises the authority competent under the law governing the customs administration of the Czech
Republic. ".
60. In § 17 paragraph 2. 1 the first sentence, the words "proof of insurance or"
shall be deleted.
61. In paragraph 17, at the end of the text of paragraph 2, the words "and the vehicle with
normally based in the territory of another Member State than if such
the vehicle enters the territory of the Czech Republic from the territory of another Member
the State ".
62. In § 17 paragraph 2. 4, the words "Member State" shall be replaced by
"the State other than the United States."
63. In section 18 para. 1, first sentence, second and third sentences are replaced by the
"Czech insurers ' Bureau is hereby established 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. ".
64. In section 18 para. 2 (a). (h)), the second sentence, including footnotes.
26 be deleted.
65. In § 18 paragraph 3 reads:
"(3) the membership of the Office created the day of 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 that amendment. ".
66. In section 18 para. 4, the word "acquisition" is replaced by "the date of application",
the words "or the date when the insurance company from another Member State may no longer be
permission to carry liability insurance on the territory of the United
the Republic "shall be deleted and in paragraph 4, the following sentence
"Insurers established in another Member State which has
liability insurance in the territory of the United States, membership in the Office
expires on the date of termination of the activity. ".
67. In § 18 paragraph 7 is added:
"(7) the Czech National Bank without undue delay shall communicate to the Office, her
known 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 the Office. ".
68. In section 18 shall be inserted after paragraph 7, paragraphs 8 and 9 are added:
"(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
liability operated on the basis of the freedom to temporarily provide
services. ".
The present paragraph 8 shall become paragraph 10.
69. In paragraph § 18a. 1 (b). and) the words "and address" shall be replaced by ",
where appropriate, the name, surname and the address of the residence or place of business or
business name or name and address ".
70. in paragraph § 18a. 1 letter d) is added:
"(d)) the name or name, surname and the address of the residence or place of
business, or the name and address of the claims representative under section 9b or §
9 c, ".
71. In paragraph § 18a. 1 the final part of the provision, the words "other" and the words
"Czech Republic" and are deleted at the end of paragraph 1, the dot is replaced by
a semicolon and the following words "in respect of the claims representative referred to in section
9B, also on the territory of the State referred to in paragraph 6 (1). 5 or 6. ".
72. In section 18a, the following paragraph 5 is added:
"(5) paragraphs 1 to 3 shall also apply in the case of damaged residing
or located in other than the Member State, if they were in that State
the injured party residing or established in the territory of the Czech Republic provided
the same information. ".
73. In article 24, paragraph 1 reads:
"(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, and from the contributions received pursuant to § 24 c. ".
74. In § 24 para. 2 a) and (b)):
"and for any damage caused) performance of the operation of an unidentified vehicle, for which the
corresponds to the unknown person; performance for damage to things or foregone profits
disputes arising in connection with the damage to provide Office only
If at the same time with this damage has been caused to the victim and serious
damage to health, and if the damage according to § 6 paragraph 1. 2 (a). (b)) or foregone
the profit exceeded the $ 10,000, b) for damage caused by operation
the vehicle, which corresponds to a person without liability insurance, if the
the operation of this vehicle is subject to liability under this insurance
the law ".
75. In § 24 para. 2 (a). (c)), after the word "operation" shall be replaced
"domestic".
76. In paragraph 24, at the end of paragraph 2, the period is replaced by a comma and the following
the letter g) is added:
"(g)) of the damage caused by the operation of a vehicle that was sent from
another Member State to the United States as the State of destination,
If this vehicle liability insurance according to the agreed
This Act and to the insured event has occurred within 30 days of the date on
When the buyer person vehicle took over, even though the vehicle has not been in the Czech
Republic registered. ".
77. In article 24, paragraph 2, the following paragraph 3 is added:
"(3) for severe injury referred to in paragraph 2 (a). and) is considered to be
death or severe personal injury, or damage to the health of the Permanent
the character that makes it difficult for the social application of the injured party. ".
Paragraphs 3 to 10 shall be renumbered as paragraphs 4 to 11.
78. In § 24 para. 4 the first sentence, the words "(a). a) to (e)) "shall be replaced by
"(b). b), c) and (g)). "
79. In § 24 para. 6 the first sentence of the number "3" is replaced by "5" and the
the second is hereby repealed.
80. in section 24 paragraph 7 is added:
"(7) If a dispute arises between the Office and the insurer, or by the Ministry of
in the cases referred to in section 11, a dispute over who has the victim to perform,
give the injured party the reimbursement of proven damage 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 Ministry, shall be obliged to replace the implementation provided by the Office. ".
81. In § 24 para. 8, after the words "(a). a) to (c)) "the words" and (g)) "and
the words "in article 3, paragraph 3. 4 "shall be replaced by the words" in § 3a paragraph 2. 2. "
82. In § 24 para. 9 the first sentence, the word "claim" shall be replaced by
"right", the words "(a). a) and b) "shall be replaced by the words" (a). a), b) and (g)) "and
the word "claim" shall be replaced by the words "of this law; If the damage
more people, then such claim Offices correspond to those persons
jointly and severally liable ".
83. In § 24 para. 9, the second sentence shall be inserted after the phrase "this does not apply for
the owner of the vehicle, the liability insurance has been terminated under section 12
paragraph. 1 (b). d). the driver or operator of a vehicle shall be jointly and
severally liable within the meaning of the second sentence, if they are responsible for the damage referred to in
paragraph 2 (a). a) and (b)). ".
84. In § 24 para. 9 the last sentence, the words "(a). (b)) "shall be replaced by
"(b). (c)) ".
85. In § 24 para. 10 at the end of the text of subparagraph (a)) the following words
"it is not the reimbursement referred to in paragraph 7,".
86. In § 24 para. 11 is the number "8" is replaced by "9".
87. section 24a, including footnote # 27:
"§ 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 directly to the insurer pursuant to § 9b
paragraph. 1, who has entered into an insurance contract of the insurance liability
relating to the vehicle, which was the damage 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 was the damage 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 §
provide the injured party with damages or communicate the reasons for the
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
cause 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.
(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 by the damage.
(9) Payment of compensation rights damaged against the person
which caused the damage, or exposure to the insurer pursuant to § 9a § or
9B paragraph 1. 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 damage, in
the time of occurrence of an insured event is normally based in the territory of the United
of the Republic.
27) Article. 6 European Parliament and Council Directive 2000/26/EC ".
88. In section 24b of paragraph 1. 3, the words "paragraph. 7 and 8 "shall be replaced by" paragraph. 9 and
10. "
89. the following section is inserted after section 24b 24 c, including the footnotes.
27A:
"§ 24 c
(1) if it is operated by a domestic vehicle without liability insurance in
inconsistent with this Act, the owner of the vehicle shall pay Office
contribution for the period during which the vehicle is operated in contravention of this
by law. For the payment of the contribution referred to in the first sentence shall be jointly and
severally liable with its operator, the owner of the vehicle if it is not at the same time
its owner. The obligation referred to in the first sentence and the second arises the
the owner and the operator of a vehicle that has been or should be entered in the
road vehicle registry ^ 27a) at the time when the vehicle was operated in
inconsistent with this Act. This does not apply in the case where the insurance
liability ceases under section 12 paragraph 1. 1 (b). (d)).
(2) the amount of the contribution shall be determined by the sum of the values calculated by multiplying the amount of the
the daily rate for the type of vehicle, the number of days when it was
vehicle is operated in contravention of this Act, and the cost of its
application and enforcement. The daily rates for individual types of vehicles
set out in annex to this Act.
(3) when the collection of data pursuant to paragraphs 1 and 2 is based on the Office of the
comparison of the data in accordance with § 15 para. 3.
(4) the contribution is payable within 30 days from the date of delivery of the written invitation
Office to the payment to the address of the person referred to in paragraph 1. The effects of the
delivery has not a written request for payment of the contribution within 15 days
the date of its deposit at the establishment of postal services
or deny receipt of the call, except in the case where a person referred to in
paragraph 1, for reasons beyond its will, could not challenge the Office
take over. There is no obligation to pay a contribution if it is within the time limit referred to in
the first sentence, the Office established that the vehicle has not been operated in violation of the
with this Act.
(5) the payment of the contribution is without prejudice to the obligation pursuant to § 1 (1). 2, section 3
paragraph. 2, and article 15, paragraph 2. 5, or the right of the Office in accordance with § 24 para. 9.
(6) the address referred to in paragraph 4 shall communicate to the Office, at its request, the competent
authority records, and even manner allowing remote access.
27A) § 4 paragraph 2. 4 (b). a) and b) of Act No. 56/2001 Coll. ".
90. in § 25 para. 1 at the end of the text of the first sentence, the words "in accordance with
the law governing the insurance industry ".
91. In § 25 para. 1, the second sentence shall be deleted.
92. In § 25 para. 2 the second sentence, the words "and within the time limit referred to in the Special
Law ^ 10) "are deleted.
93. In § 26 para. 1, the second and third sentences shall be replaced by the phrase "if it is not
None of the joint owners in writing authorized fulfils the obligations in a sentence
the first all co-owners jointly and severally. ".
94. In section 26 paragraph 2 reads as follows:
"(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. ".
95. the Act No. 168/1999 Coll., the following annex is added:
"Appendix to Act No. 168/1999 Coll.
The amount of the daily rate by type of vehicle for the purposes of section 24 c of paragraph 1. 2
Type of vehicles Daily
rates are in Czk
-----------------------------------------------------------------------------------------------
1. motorcycle with a cylinder capacity of the engine to the 350 cm3, 20
-----------------------------------------------------------------------------------------------
2. motorcycle with a cylinder capacity of the engine above the 350 cm3 30
-----------------------------------------------------------------------------------------------
3. passenger car with a cylinder capacity of the engine to the 1850 CC 50
-----------------------------------------------------------------------------------------------
4. passenger car with a cylinder capacity of the engine above the 1850 CC 70
-----------------------------------------------------------------------------------------------
5. bus 160
-----------------------------------------------------------------------------------------------
6. the truck with the largest permissible mass not exceeding 12,000 kg 130
or a trailer with a permissible maximum mass over the largest
3500 kg to 10 000 kg
-----------------------------------------------------------------------------------------------
7. the tractor or other truck with the largest permissible mass not exceeding 300
over 12 000 kg or trailer with the greatest permissible
weighing over 10 000 kg
-----------------------------------------------------------------------------------------------
8. special vehicle 80
-----------------------------------------------------------------------------------------------
9. a trailer with a maximum authorised mass not exceeding 3500 kg 30
-----------------------------------------------------------------------------------------------
10. the agricultural or forestry tractor and trailer 40
-----------------------------------------------------------------------------------------------
11. other vehicles 60
-----------------------------------------------------------------------------------------------“.
Article. (II)
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. (III)
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.
PART TWO
cancelled
Article. (IV)
cancelled
PART THREE
Amendment of the Act concerning the conditions of the use of vehicles on the road
Article. In
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. 483/2001 Coll., Act No.
175/2002 Coll., Act No. 320/2002 Coll., Act No. 190/2003 Coll., Act No.
103/2004 Coll., Act No. 186/2004 Coll., Act No. 235/2004 Coll., Act No.
411/2005 Coll., Act No. 227/2006 Coll., Act No. 309/2006 Coll., Act No.
342/2006 Coll. and Act No. 170/2007 Coll., is amended as follows:
1. In section 4, paragraph 4. 5 (b). (c)), after the words "(hereinafter referred to as" insurance
liability in respect of the operation of a vehicle ")" the words "communicated by the Czech
insurers ' bureaux or agencies returned by registry road
motor vehicles and trailers, and "and the words" referred to in
proof of liability insurance of the vehicle, "shall be replaced by
"laid down by law governing liability insurance
vehicle ^ 2) ".
Footnote 2 reads as follows:
"2) § 15 para. 1 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), as amended by
Act No. 57/2004 Coll. and Act No 137/2008 Coll. ".
2. In article 6 (1). 3 (b). (b)), the word "agreed" is replaced by "true
obligation ".
3. In article 38 paragraph 2. 1 (b). (d)), the word "agreed" is replaced by "true
obligation ".
PART FOUR
Article. (VI)
Amendment of the Act on public health insurance
In Act No. 48/1997 Coll., on public health insurance and amending and
certain related laws, as amended by Act No. 242/1997
Coll., Act No. 2/1998 Coll., Act No. 125/1998 Coll., Act No. 225/1999
Coll., Act No. 363/1999 Coll., Act No. 18/2000 Coll., Act No. 132/2000
Coll., Act No. 155/2000 Coll., the Constitutional Court declared under no.
167/2000 Coll., Act No. 220/2000 Coll., Act No. 258/2000 Coll., Act No.
458/2000 Coll., Act No. 176/2002 Coll., Act No. 198/2002 Coll., Act No.
285/2002 Coll., Act No. 309/2002 Coll., Act No. 320/2002 Coll., Act No.
222/2003 Coll., Act No. 274/2003 Coll., Act No. 361/2003 Coll., Act No.
424/2003 Coll., Act No. 422/2003 Coll., Act No. 461/2003 Coll., Act No.
85/2004 Coll., Act No. 359/2004 Coll., Act No. 422/2004 Coll., Act No.
436/2004 Coll., Act No. 435/2004 Coll., Act No. 127/2005 Coll., Act No.
168/2005 Coll., Act No. 251/2005 Coll., Act No. 350/2005 Coll., Act No.
361/2005 Coll., Act No. 47/2006 Coll., Act No. 109/2006 Coll., Act No.
112/2006 Coll., Act No. 115/2006 Coll., Act No. 165/2006 Coll., Act No.
189/2006 Coll., Act No. 216/2006 Coll., Act No. 248/2006 Coll., Act No.
264/2006 Coll., Act No. 340/2006 Coll. and Constitutional Court
the declared under no. 57/2007 Coll., Act No. 181/2007 Coll., Act No.
261/2007 Coll. and Act No. 296/2007 Coll., section 55:
"§ 55
Reimbursement of costs of care incurred expenses paid from health insurance
as a result of the infringement against the insured person
(1) the health insurance fund has against a third party the right to claim
the cost of care paid for by health insurance, which
incurred as a result of a culpable infringement of a third party
to the insured person. Compensation under the first sentence is receiving funds health
the insurance company.
(2) for the purposes of reimbursement of costs of care paid for by the health insurance
referred to in paragraph 1 shall be required to notify the relevant health facilities
health insurance accidents and other damage to the health of people
provide health care if they have reason to suspect that an accident or
other damage to health caused by acts of legal or natural
of the person. Authorities also have a duty to notify the police of the Czech Republic,
the Prosecutor's Office and the courts. The obligation of notification under this
paragraph shall be fulfilled within 1 month from the day on which the person who the fact
announce about it.
(3) for the purposes of reimbursement of costs of care paid for by the health insurance
referred to in paragraph 1 are public health authorities are required to
provide upon request the competent health insurance company reports
the results of epidemiological and other investigations that such bodies are
required to make under the specific legislation.
(4) for the purposes of reimbursement of costs of care paid for by the health insurance
referred to in paragraph 1 are the labour inspection authority and the authorities of the State mining
the administration required to provide on request the competent health insurance company
the results of the investigations into the causes of deadly, heavy and bulk of work
accidents at work and occupational diseases.
(5) for the purposes of reimbursement of costs of care paid for by the health insurance
referred to in paragraph 1, the information referred to in the preceding paragraphs provide
free of charge ".
PART FIVE
The EFFECTIVENESS of the
Article. (VII)
This Act shall take effect on 1 January 2000. June 2008, with the exception of the provisions
article. I, section 73, in terms of § 24 para. 1, and section 89 in respect of section 24 c,
that will become effective on 1 January 2004. January 1, 2009.
Vaidya in the r.
Klaus r.
Topolanek in r.
