Ordinance On The Rental Of Motor Vehicles Without A Driver

Original Language Title: Bekendtgørelse om udlejning af motorkøretøjer uden fører

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Read the untranslated law here: https://www.retsinformation.dk/Forms/R0710.aspx?id=125390

Overview (table of contents) Chapter 1 scope

Chapter 2 Registration

Chapter 3 the lessor's obligations

Chapter 4 the lessee and any driver's obligations

Chapter 5 Insurance and even risk

Chapter 6 Derogation

Chapter 7 the punishment

Chapter 8 entry into force The full text of the Ordinance on the rental of motor vehicles without a driver

Under section 79 and section 118, paragraph 8, in the highway code, see. lovbekendtgørelse nr. 1058 of 4. November 2008, fixed:

Chapter 1

The scope of the

§ 1. This Ordinance shall apply to commercial rental of motor vehicles without a driver, meaning all conditions where such a vehicle in the course of trade should be left to use, see. However, paragraph 3.

(2). The notice also applies to landlord's lending of motor vehicles within the scope of the notice referred to in article 6. However, § 9.

(3). Conditions, whereby another person achieves lasting availability of a motor vehicle, so that this person must be registered as a user of the vehicle in accordance with the General rules thereof, are not covered by the notice.

Chapter 2

Registration

§ 2. Motor vehicles intended to be used for rental without drivers must be registered to rent without a driver.

§ 3. If the motor vehicle owner lets another person establish rental conditions, and if this is in the nature of a firm business relationship, so that the other person even lay down the rules on liability for the motor vehicle to be rented out to, that other person shall be registered as a user of the vehicle and shall be considered as the landlord.

Chapter 3

Landlord's obligations

§ 4. Rental can be made only to persons who can legally transfer the leased vehicle. Rental to legal persons may take place on condition that the natural persons responsible for the vehicle in question, will be able to do this legally, and that those with a leasing contract be given permission to do so, see. § 5, paragraph 3, nr. 1.

(2). The lessor shall, in connection with the rentals require proof in the form of presentation of driver's license for the tenant and any drivers can legally transfer the leased vehicle.

(3). By rental, where the vehicle is to be used for driving, requiring special permission or training, must the landlord also require the necessary permits and certificates presented.

§ 5. Before each rental must create a written lease with landlord tenant. The contract shall be drawn up in at least two copies, one of which the tenant must be given one.

(2). The contents of this publication section 10 section 12, paragraph 2, and section 13 shall be separately and distinctly stated in the contract.

(3). The contract should also contain the following information:





1) Rent's full name and address and the names of any drivers with the contract be given permission to fly the vehicle, and if the tenant is a legal person, its registration number.

2) Number, place of issue and date of rent's passport or equivalent identity card, if the person is a foreign, non-Nordic citizen.

3) Number on each driver's license, which must be presented under section 4 (2).

4) number of permits and the name of the issuing authority and date of qualifications, which must be presented in accordance with § 4 (3).

5) Motor vehicle registration number.

6) the time of commencement and termination of the relationship with the rental date and time.





§ 6. The landlord must keep his copy of the lease for at least 5 years.

(2). The lease shall, at the request appears to the police.

Rental of motor vehicles for commercial passenger transport and drive according to road haulage legislation

§ 7. Motor vehicles may only be leased for commercial passenger transport and for services subject to authorisation according to road haulage legislation, with a view to temporarily replace a vehicle used in the tenant's business, and which are out of function. In that case, it can be rent for a period of no more than 8 weeks.

§ 8. The landlord must have permission from the traffic Agency for rental of motor vehicles to be used for corporate drive.

Landlord's lending of motor vehicles that are registered to rent without driver

§ 9. Landlord can regardless of § 1, paragraph 2, lend motor vehicles registered to rent without a driver, to persons who belong to the landlord's household, and to the staff of the rental company without observing the rules laid down in this Decree, without prejudice. However, paragraph 2.

(2). Lending of motor vehicles to drive covered by sections 7 and 8 may in all cases be made only in accordance with the rules set out in the notice.

Chapter 4

The lessee and any driver's obligations

§ 10. A rented motor vehicle must only be carried out by the tenant or any other person with the rental contract has been granted an authorisation, without prejudice. § 5, paragraph 3, nr. 1.

(2). The lease must be taken while driving and on request will appear to the police.

Chapter 5

Insurance and even risk

§ 11. In addition to the General rules of the law of the road on compensation and insurance and the rules laid down in the Ordinance on civil liability insurance for motor vehicles, etc., see the rules in this chapter shall apply in relation to leased motor vehicles.

§ 12. Liability agreements for vehicles covered by the Ordinance shall be designed in such a way that the renter and any additional drivers are eligible to fly the vehicle, is considered safe.

(2). If the landlord does not draw comprehensive insurance for the motor vehicle, the renter and any additional drivers are eligible to fly the vehicle, have the same legal status against the motor vehicle owner, as he would have had if comprehensive insurance had been drawn.

§ 13. The landlord and tenant may agree that the tenant shall hold the landlord harmless for any amount exceeding 5000 euros which the lessor is required to pay pursuant to the provisions of the liability insurance policy or in any kaskoforsikrings police that the lessor bears part of the risk for the damage which is covered by that insurance.

§ 14. An insurance company can only make recourse against the lessee or driver in accordance with the road traffic Act section 108, paragraph 2, and in cases where the person concerned has led the car without having a valid driving licence, or where there has been a violation of article 10, paragraph 1.

§ 15. If the landlord and tenant have entered into an agreement referred to in section 13, the insurer can correct claims directly against the tenant for payment of the amount that the tenant pursuant to the agreement are obliged to hold the landlord harmless for.

§ 16. If the landlord has not complied with its obligations under articles 4, 5, 7 or 8, bears the lessor in relation to the insurance company if the full risk of any injuries occurring during the rental, and covered by liability insurance or a possible comprehensive insurance, unless it is demonstrated that the occurrence or extent is not due to the fact that those obligations have not been complied with.

(2). Are the obligations referred to in paragraph 1 are not complied with, the insurer is entitled to terminate the insurance relationship without notice.

§ 17. Notification to the insurer of damage covered by liability insurance or a possible comprehensive insurance should be accompanied by one of the under section 5, paragraph 1, made copies of the lease.

Chapter 6

A derogation

§ 18. Police may, in exceptional cases, grant derogations from the provisions of section 4, section 5, paragraph 3, and § 10.

(2). A derogation referred to in paragraph 1 may, in particular, shall be notified in the case where the landlord want to rent to URf.eks. authorities or companies who need to hire a larger number of vehicles or to let one or more leased vehicles use by a larger number of drivers.

Chapter 7

Penalty

§ 19. With fine punished anyone who violates sections 2-8, § 9, paragraph 2 and article 10.

(2). That can be imposed on companies, etc. (legal persons) criminal liability in accordance with the provisions of the criminal code 5. Chapter.

Chapter 8

Date of entry into force of

§ 20. The notice shall enter into force on the 1. June 2009.

(2). Executive Order No. 524 of 19. June 1997 concerning the rental of motor vehicles without drivers are repealed.
The Ministry of Justice, the 29. May 2009 Brian M/Dan Bjerring