Law on civil liability insurance for foreign motor vehicles and their trailers

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AuslPflVG

Date of completion: 24.07.1956

Full quote:

" The law on civil liability insurance for foreign motor vehicles and their trailers in the revised version published in the Bundesgesetzblatt part III, outline number 925-2, as last amended by Article 4 of the Law of 24 April 2013 (BGBl. 932).

Status:

Last amended by Art. 4 G v. 24.4.2013 I 932

For more details, please refer to the menu under Notes

Footnote

(+ + + Text proof applicable: 21.3.1975 + + +) 

  

Title: introduced in Saarland by § 15 Buchst. r G v. 23.12.1956 I 1011 Unofficial table of contents

§ 1 necessity and proof of insurance protection

(1) Motor vehicles (including auxiliary motor cycles) and their trailers, which do not have a regular location in the country, may only be used in the scope of this Act on public roads or in places where the holder, the The owner and the guide to cover the personal injury and property damage caused by the use shall be subject to liability insurance in accordance with § § 2 to 6. (2) The driver of the vehicle has a certificate from the insurer over the Liability insurance (insurance certificate) to be carried on. It shall, on request, be issued for consideration by the competent official. § 8a remains unaffected. (3) If no liability insurance corresponding to this law exists, or if the driver of the vehicle does not carry out the required insurance certificate, the holder of the vehicle shall not order or allow the vehicle to: A vehicle within the scope of this law is used on public roads or squares. (4) If the required insurance certificate is not required when entering a vehicle, it must reject the border customs offices. If the defect is found during use, the vehicle may be seized until the certificate is submitted. (5) Paragraphs 1 to 4 shall not apply to the vehicles of the foreign armed forces which are to stay in the The scope of this law is empowered. Unofficial table of contents

§ 2 Authorized insurers

(1) The liability insurance may be taken

a)

in the case of insurers authorised to operate in the scope of this law,

b)

in the case of another insurer, only if, in addition to the insurer, a insurer authorised to operate in the scope of this law or an association of such insurers shall comply with the obligations of a liability insurer in accordance with the following provisions: takes over.

(2) For the purposes of this Act, insurers operating in the scope of this law may join together with an insurance community. The statutes of the insurer's community require the approval of the Federal Supervisory Office for the insurance and building economy. Unofficial table of contents

§ 3 The obligation of insurers to conclude the contract

(1) The insurers empowered to conclude contracts relating to civil liability insurance for motor vehicles and trailers within the scope of this Act shall have the holders, owners and drivers of the vehicles referred to in § 1 in accordance with the provisions of (2) The insurer may refuse the application for the conclusion of an insurance contract only if factual or local restrictions on the insurer's business plan are concluded , or if the applicant is already insured with the insurer was and this

a)

has challenged the insurance contract for threat or fraudulant deception; or

b)

has withdrawn from the insurance contract for breach of the pre-contractual notification obligation or for non-payment of the first premium, or

c)

has terminated the insurance contract on the basis of premium default or after an insurance case has entered into force.

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§ 4

The insurance contract in accordance with § 3 must apply to the statutory provisions governing the content and scope of the insurance cover and to the statutory provisions applicable to the insurance of motor vehicles and trailers with a regular location within the country. Minimum insurance amounts. Unofficial table of contents

§ 5 Advance payment of the insurance certificate, prepayment of the premium

The insurer may limit the validity of the insurance certificate (§ 1) and make the suspension dependent on the payment of the premium for the specified period. If the validity is not limited, the insurer may make the suspension dependent on the payment of the first premium. Unofficial table of contents

§ 6

(1) § 3 of the compulsory insurance act and § § 115, 116, 117 (1), § § 119, 120 and 124 (1) and (2) of the Insurance Contract Act shall apply. (2) A circumstance which does not exist or the termination of the insurance contract. In accordance with the first sentence of Article 115 (1) of the Insurance Contracts Act, the third sentence of the insurance contract law can only be countered if he or she becomes apparent from the insurance certificate or if the insurance contract is Insurance certificate has been returned to the insurer. In addition, where the insurance relationship has been terminated by the time lapse or the insurance certificate has been returned to the insurer, the date of termination of the insurance certificate shall be between the date specified in the insurance certificate. Insurance relationship or the date of return of the insurance certificate and the event of damage a period of five months, in the case of a total term of the insurance relationship of less than ten days, a period of five months Weeks have elapsed. Unofficial table of contents

§ 7 Implementing provisions

For the implementation of § § 1 to 5, enacted

a)

The Federal Ministry of Transport, Building and Urban Development, with the consent of the Federal Council, legal regulations on the content and examination of insurance certificates and the security measures required in the absence of the certificate,

b)

the Federal Ministry of Finance, without the consent of the Bundesrat, legal regulations on the measures taken by insurers to ensure the possibility of concluding insurance contracts under this law,

c)

The Federal Ministry of Transport, Building and Urban Development, with the approval of the Bundesrat, general administrative provisions.

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Section 7a Requirement of extended insurance protection

The Federal Ministry of Transport, Building and Urban Development is hereby authorised to fulfil obligations under international law or for the implementation of acts of the Council or the Commission of the European Communities for vehicles without regular location within the scope of this Act by legal regulation without the consent of the Federal Council after consultation of the supreme state authorities, to determine that they are on public roads or places within the scope of this law only shall be allowed to enter and be allowed to enter them only if: the damage caused by the vehicle in all the Member States to which the vehicle is able to continue without the control of an insurance certificate is covered by the provisions in force there. The Regulation may also lay down rules on the conclusion of civil liability insurance, the proof of which is provided by an insurance certificate, the content and the examination of the insurance certificate, and the absence of the necessary insurance certificate. Certificate required for security measures. Unofficial table of contents

§ 8 Exceptions

(1) In order to maintain relations with other countries, the Federal Ministry of Transport, Building and Urban Development may approve individual exceptions to this Act or the legal regulations based on § 7 (a) if the compensation of the (2) In order to maintain relations with foreign countries, to fulfil obligations under international law or to implement acts of the Council or the Commission of the European Communities, the Federal Ministry of Transport, Building and Urban Development under the same condition Ordinance without the consent of the Federal Council after consultation of the supreme state authorities, general exceptions to § 1 (1) to (4) or to the provisions on the content of insurance certificates. Unofficial table of contents

Section 8a omitting the requirement of the insurance certificate

(1) For vehicles carrying on entry the prescribed mark of a given foreign territory, a insurer empowered to operate in the scope of this law or an association of such insurers shall: The Federal Ministry of Transport, Building and Urban Development may, without the consent of the Federal Council, take over the duties of a liability insurer in accordance with the provisions of this Act, after hearing the supreme state authorities. stipulate that the prescribed mark of that territory shall be the subject of does not require the issuing of an insurance certificate. (2) If the issue of an insurance certificate is not required in accordance with paragraph 1, a circumstance that does not exist may vary from § 6 (2). or the termination of the obligations assumed in accordance with paragraph 1 shall not be contrary to the claim of the third party under Article 3 (1) of the compulsory insurance law if the vehicle at the time of the claims event is in the case of entry in the territory covered by this Act, . Unofficial table of contents

§ 9 Crime

(1) Those who, within the scope of this law, use a vehicle on public roads or places or permit such use, even though the vehicle does not exist or is no longer the required insurance ratio in accordance with § 1, and the vehicle does not have the necessary insurance. Obligations of a liability insurer also not pursuant to § 2 (1) (b) or Article 8a (1) of a insurer authorized to operate in the scope of this Act or an association of such insurers shall be provided with: Imprisonment of up to one year or punishable by fine. (2) If the perpetrator is the offender (3) If the offence has been committed intentionally, the vehicle may be recovered if it is committed to the perpetrator or participant at the time of the Decision is heard. Unofficial table of contents

§ 9a Administrative Offences

(1) Contrary to the law, those who intentionally or negligently act

1.

as the driver of a vehicle contrary to Article 1 (2), do not carry out the required insurance certificate or, on request, do not hand it out or, as a holder of the vehicle, tolerate such a breach, or

2.

as the driver or keeper of a vehicle, a provision of a regulation adopted pursuant to paragraph 7 (a) or (7a) is contrary to the provisions of Article 7 (a) or (7a), in so far as the legal regulation refers to this fine.

(2) The administrative offence can be punished with a fine. (3) The Administrative Authority within the meaning of Section 36 (1) (1) of the Law on Administrative Offences is the Road Traffic Authority. Unofficial table of contents

§ 10 Validate in Berlin

(dropped) Unofficial table of contents

Section 11 Entry into force

This Act shall enter into force on the first day of the sixth calendar month following the date of delivery.