Law On The Liability Of Foreign Motor Vehicles And Their Trailers

Original Language Title: Gesetz über die Haftpflichtversicherung für ausländische Kraftfahrzeuge und Kraftfahrzeuganhänger

Read the untranslated law here: http://www.gesetze-im-internet.de/auslpflvg/BJNR006670956.html

Law on the liability of foreign motor vehicles and their trailers AuslPflVG Ausfertigung date: 24.07.1956 full quotation: "law on the liability of foreign motor vehicles and trailers in the in the Federal Law Gazette Part III, outline number 925-2, adjusted version published recently by article 4 of the law of April 24, 2013 (BGBl. I p. 932) has been changed" stand: last modified by article 4 G v. 24.4.2013 I 932 for details on the stand number you see in the menu see remarks footnote (+++ text detection from validity) : 21.3.1975 +++) heading: introduced In the Saar region by § 15 book. r G v 23.12.1956 I 1011 need and proof of insurance coverage may § 1 (1) motor vehicles (bicycles with auxiliary engine) and trailers, which have a regular location, domestically in the territorial scope of this Act on public roads or places is only used if for the holder, the owner and the Director to cover the personal injury caused by the use and property damage exists a liability insurance according to the paragraphs 2 to 6.
(2) the driver of the vehicle has to carry a certificate of the insurer of the liability insurance policy (insurance certificate). She is handing the officials to check on demand. § 8a shall remain unaffected.
(3) there is no liability corresponding to this law or does the driver of the vehicle with the required certificate of insurance, so the holder of the vehicle must not arrange or admit that the vehicle in the scope of this Act on public roads or places is needed.
(4) the required insurance certificate is missing from the entry of a vehicle, so the border customs office must reject it. Turns out the defect during use, so the vehicle can be ensured until the certificate is presented.
(5) paragraphs 1 to 4 do not apply to the vehicles of the foreign forces who are authorised to reside in the territorial scope of this Act.

§ 2 approved insurers (1) the liability insurance may be a) one in the area of application of this Act to conduct business insurer, b authorised) with another insurer only if, next to him an insurer authorised in the territorial scope of this Act to the business or an Association of such insurer takes over the duties of a liability insurance company according to the following rules.
(2) for the purposes of this Act, insurers that operate in the territorial scope of this Act, the motor vehicle liability insurance may join to form an insurance company community. The Constitution of the insurer community requires the approval of the federal supervisory Office for insurance and Bausparwesen.

§ 3 obligation of the insurer to the conclusion of the contract (1) the insurer who are authorised, in the area of application of this Act to the award of contracts by the third party liability insurance for motor vehicles and trailers have insurance against liability to the holders, the owners and leaders of the vehicles referred to in paragraph 1 under the statutory provisions.
(2) the insurer may deny the application for conclusion of an insurance contract only if factual or local restrictions in the business plan of the insurer against the conclusion, or if the applicant for the insurer was already covered and this a) the insurance contract due to threat or arglistiger deception has challenged or b) is withdrawn from the insurance contract for breach of precontractual duty of disclosure or due to non-payment of the first premium or c) has cancelled the insurance contract due to delay in premium or after the occurrence of an insured event.

Article 4 § 3 need the insurance contract after for the insurance of motor vehicles and trailers with regular location in the domestic legal regulations about content and scope of insurance coverage as well as the minimum insurance sum.

§ 5 limitation of the insurance certificate, advance payment of the premium of the insurer can limit the validity of the certificate of insurance (section 1) and make them dependent upon the delivery of the payment of the premium for a given period. The validity is not limited, so the insurer can do depends on the handing over of the payment of the first premium.

§ 6 (1) section 3 of the Insurance Act and the sections 115, 116, 117 paragraph 1, the §§ 119, 120 and 124 paragraph 1 and 2 of the German insurance contract law apply.
(2) a fact of the non-existence or the termination of the insurance result that may be invoked against the claim of the third only after § 115 paragraph 1 sentence 1 of the German insurance contract law, if he the insurance certificate States obvious, or if the certificate of insurance has been returned to the insurer. Still within five months, in the case of a total duration of the insurance contract by less than ten days must be passed if the insurance is terminated by lapse of time or the certificate of insurance has been returned to the insurer, between the date of termination of the insurance contract specified in the insurance certificate or the date of return of the certificate of insurance and the incident a period of five weeks.

§ 7 detailed rules for the implementation of paragraphs 1 to 5 you can adopt a) the Federal Ministry of transport, building and urban development with the consent of the Federal Council regulations on the content and the checking of certificates of insurance, and that in the absence of the certificate necessary precautionary measures, b) the Federal Ministry of finance without the consent of the Federal Council regulations on the measures of the insurer to guarantee of the possibility to conclude insurance contracts under this Act , c) the Federal Ministry of transport, building and urban development with the consent of the Federal Council general administrative provisions.

§ 7a requirement of extended insurance protection to comply with international commitments or to carry out acts of the Council or of the Commission of the European communities is the Federal Ministry of transport, building and urban development authorized for vehicles without a regular location in the territorial scope of this Act by Decree without the consent of the Federal Council to determine that they may only be used on public roads or places within the territorial scope of this Act and the entry here only may be allowed after consulting the Supreme Land authorities , if the damage caused by the vehicle in all States in which the vehicle without control of an insurance certificate can travel, are covered according to the applicable regulations. The Ordinance may contain also provisions on the liability insurance, and their detection by a certificate of insurance, the content and the examination of the insurance certificate and the precautionary measures necessary in the absence of the required certificate.

§ 8 exceptions (1) to maintain relations with foreign countries can the Federal Ministry for transport, building and urban development individual exceptions to this law, or the on article 7 letter a-based regulations approve, if the compensation of road accident victims are maintained.
(2) for the maintenance of relations with foreign countries, to comply with international commitments or to carry out acts of the Council or of the Commission of the European communities, the Federal Ministry for transport, building and urban development under same condition can approve general exceptions from article 1, paragraph 1 to 4 or the rules relating to the contents of insurance certificates by Decree without the consent of the Federal Council after consulting the Supreme Land authorities.

section 8a of the Elimination of the requirement which has insurance certificate (1) for the cars that carry the prescribed mark of a given foreign area upon entry, an insurer authorised in the territorial scope of this Act to the business or an Association of such insurers the duties of a liability insurance company according to the provisions of this Act adopted, so the Federal Ministry for transport, building and urban development by means of an Ordinance without the consent of the Federal Council may determine after consulting the Supreme Land authorities , that for the vehicles carrying the required indicator of this area an insurance attestation is not required.
(2) issue a certificate of insurance is referred to in paragraph 1 not required, so a circumstance that has the non-existence or termination of the commitments referred to in paragraph 1 to the result, not countered the claims of third parties according to § 3 No. 1 of the compulsory insurance law can be contrary to section 6 para 2, if the vehicle has been in the area of application of this Act at the time of the loss event with the indicators mentioned in the entry.

§ 9 crimes
(1) Whoever in the territorial scope of this Act used a vehicle on public roads or places or such use allows, although for the vehicle the of the insurance required pursuant to section 1 not or no longer exists and the duties of a liability insurance company not according to § 2 para 1 letter have been taken on b or Article 8a, paragraph 1 by an insurer authorised in the territorial scope of this Act to the business or an Association of such insurers , is punishable by up to one year or punished with fines.
(2) the perpetrator is due to negligence, the penalty is up to six months or a fine of imprisonment up to one hundred eighty daily rates.
(3) the Act has been committed intentionally, the vehicle can be indented when it heard the perpetrators or participants at the time of the decision.

§ any person is 9 a offences (1), who intentionally or negligently 1 as the leader of a vehicle violates article 1 para 2 performs the required certificate of insurance not to not issued on request or as holder of the vehicle will tolerate such a violation, or 2 as a leader or keeper of a vehicle of a rule 5(2)(a) or section 7 (a) adopted law Regulation contravenes one according to § 7, as far as refers to the legal regulation for a specific offence on this fine provision.
(2) the offence can be punished with a fine.
(3) administrative authority no. 1 of the code of administrative offences is the road authority in the sense of § 36 para 1.

Article 10 applicability in Berlin (dropped out) section 11 this law into force shall on the first day of the sixth calendar month following on the announcement.