Amending And Supplementing Law No. 414-Xvi Of 22 December 2006 On Compulsory Insurance Of Civil Liability Of Motor Vehicles

Original Language Title: pentru modificarea şi completarea Legii nr. 414-XVI din 22 decembrie 2006 cu privire la asigurarea obligatorie de răspundere civilă pentru pagube produse de autovehicule

Read the untranslated law here: http://lex.justice.md/index.php?action=view&view=doc&lang=1&id=362920

amending and supplementing Law no. 414-XVI
of 22 December 2006 on compulsory insurance of civil liability
of vehicles


Posted: 02/05/2016
in the Official Gazette

Nr. 25-30
Article No: 59
Effective Date: 02/05/2016

Parliament adopts this organic law.
Art. I. - Law no. 414-XVI of 22 December 2006 on compulsory insurance of civil liability of motor vehicles (Official Gazette of the Republic of Moldova, 2007, no. 32-35, art. 112), as amended, is hereby amended and supplemented as follows:
1. Article 2:
after the term 'Council of Bureaux International Insurance System "Green Card"' introduce two new concepts as follows:
"partial damage - damage to the vehicle as far as restoring or replacing parts and damaged parts is possible and real value of the damage incurred shall not exceed 75% of the vehicle at the time of the accident;
Total damage - destroying or damaging the vehicle as far as restoring or replacing damaged parts and pieces is not possible or the real value of the damage incurred exceeds 75% of the vehicle at the time of the accident, "the notion
"the new value" shall be excluded;
Concept of "remaining value" to read as follows:
"residual value - the amount remaining undamaged parts of the vehicle, demountable and recoverable in the event of total loss of it."
2. Article 5:
in paragraph (2), letter b) reads as follows:
"b) participate with their own funds to the formation of external financial guarantee provided for in art. 351, during the Council of Bureaux requirement is in place to maintain such a guarantee. "
(3) and (4) is repealed.
March. Article 8:
(1) is in the end the words "shall be prepared on paper and / or electronic technical means on-line, under the procedure established by regulations of the supervisory authority";
Paragraph (42) in the end the words: "Changes in the insurance contract in effect during operation of the single information system established by the supervisory authority."
(5) is in the end the text "the form and content of the certificate of insurance" Green Card "is determined in accordance with the model approved by the Council of Bureaux."
4. Article 10 (3) reads as follows:
"(3) Upon termination of the insurance contract, the insurer shall reimburse the insured's insurance premium for days before expiration of the contract, the right to withhold the sum of its costs but not more than 20% of the insurance premium calculated for refund. The insurance premium is calculated to refund gross premium underwritten by the insurer for the period unexpired insurance contract and calculated in proportion to this period. "
May. Article 11 reads as follows:
"Article 11. Insurance premiums
(1) basic insurance premiums and the amount of correction coefficients related compulsory motor liability internal and external are established by insurers under calculations in accordance with the methodology unique, approved by the supervisory authority that will determine the calculation of insurance premiums basic types of coefficients of correction and the calculation of their share minimum and maximum share expenses insurer and margin the profit included in insurance premium structure, other actuarial issues.
(2) The premium to be collected from the insured is calculated by applying the basic insurance premium and rectification coefficients bonus-malus coefficient.
(3) To implement the first basic insurance and the amount of correction coefficients related compulsory motor liability internal and external, certified actuary shall be submitted for consideration by the insurance supervisory authority. Presentation, review, acceptance, rejection basic insurance premiums and rectification coefficients requirements for presenting actuarial calculations made and statistical information shall be fixed by normative acts of the supervisory authority. "
June. Article 12:
(2) is repealed;
Article is supplemented by paragraphs (5) and (6) as follows:

"(5) In applying the bonus-malus, insurers will have access to information on the history of insured damage and vehicle users of unified information system established by the supervisory authority.
(6) Information to be collected and submitted by insurers to single information system provided in par. (5) shall be established by normative acts of the supervisory authority. "
July. Article 14 (2):
in point a), the figures "500 000" is replaced by "1 000 000";
In point b) the figures "350 000" is replaced by "1 000 000" and the numbers "700 000" - by "5 million for".
August. In Article 18, paragraph (1) shall be supplemented by the letters e) and f) as follows:
"e) present in person or by his legal representative, the representative office of the insurer or compensation, the act of the institutions competent on road accident, driving license valid for the category of vehicle belongs led registration certificate and report periodical inspection of the vehicle that caused the accident. The documents referred shall be submitted by the insured or certified copies of the original to make copies of the insurer;
F) provide, at the request of the insurer, access to the vehicle which caused the accident. "
September. Article 19:
in paragraph (1):
point b) is in the end the words "injured party if the insured or the insurer has not provided such information duly certified";
Letter c), the words "information about the accident vehicle" is replaced with the words "injured party application on compensation insurance";
In paragraph (2), the words "information about the insured event" is replaced by "application for compensation".
10. Article 20 (5) in the end the words: "In this case, the rights and obligations concerning the claim file, the finding of damages, settlement and payment of compensation provided by this law for the insurer, will be assigned and the National Bureau of Motor insurers. "
11. Article 21:
(1) reads as follows:
"(1) the submission by the injured person or by representative of the claim, the insurer or, where appropriate, the National Bureau of Insurers Cars and finds open file damage claims in accordance with art. 19 para. (1) c). "
article is completed with paragraph (11) as follows:
" (11) With the opening of the claim file, the insurer or, where appropriate, the National Bureau of Motor Insurers issued to the injured party or representative its written list of documents to be submitted for payment and closure of the file, but not more than those under par. (3) to be presented by the injured person. "
To (4), after" with the participation of the insured "the words" and / or the user's vehicle ";
To (6), after the words "release" the words "on request" and the words "list of documents provided in par. (3) required to complete the claim file and payment "are excluded;
(7) reads as follows:
"(7) injured person is entitled to inspect all documents in the claim file, expressing agreement or disagreement on solutions proposed by the insurer." || | 12. Article 22:
in paragraph (1), the word "insured" shall be excluded;
In paragraph (3), the introductory word "insured" shall be excluded;
(4) is repealed;
In paragraph (5), the word "insured" shall be excluded;
In paragraph (6), introductory part and point c), the word "insured" shall be excluded;
Paragraph (12) in the end the words "if insurer of goods followed the procedure of inviting auto liability insurer under par. (121) ";
In paragraph (121), after "finding damage" the words "guilty person".
13. Article 23:
in paragraph (1) letter b) shall read as follows:
"b) the difference between the date of the accident and vehicle residual value;"
article is completed with paragraph (11) as follows:

"(11) In the case of total damage, the values ​​specified in para. (1) b) are confirmed by the evaluation document prepared by the independent expert or unit specialized accepted by the parties or, if full advantage of the vehicle are set according to supply procurement unit specialized or individuals chosen by contest offers prices. "
(2) reads as follows:
" (2) In case of partial damage, the real value of the damage incurred is equal to the cost of repair parts or damaged parts or to the cost of replacing them, including material expenses for dismantling and installation work related to repairs and replacements necessary. "
to (6), the word" new "is excluded;
Paragraph (61) shall be repealed;
Article is supplemented by paragraphs (9) - (13) as follows:
"(9) While assessing the damage, when it is necessary to replace parts and components if the compensation payment by transfer account specialized banking unit, the amount of insurance compensation to be determined by the insurer taking into account the following:
a) for vehicles with a length of service of up to 3 years and a journey of up to 100 000 km, the cost of repair the vehicle is determined based on documents issued by the specialized unit agreed by the parties. In this case, the vehicle will be used to repair parts and new original songs;
B) for vehicles with a length of service of four years and more and / or a course of more than 100 000 km, car repair cost is determined based on documents issued by the specialized unit agreed by the parties. In this case, the vehicle will be used to repair parts and new parts manufactured under license (after market parts) or former home into corresponding technical requirements and road safety. In case parts and new parts manufactured under license or the original use was not available on the local market, real damage incurred to motor vehicles will be determined according to the price of new original parts and pieces.
(10) For the purposes referred to in para. (9) the seniority operating the vehicle when it is not a whole number of years, if the past year has been consumed for up to 182 days, consider only the whole number of years. If the past year has been consumed for more than 182 days, the seniority operating the vehicle, last year counts as full year.
(11) Regardless of age during operation of the vehicle and its where insurance compensation requested in cash or by transfer to the bank account of the person injured, the amount of insurance compensation is determined by calculating the average prices minimum of three specialized units accepted by the parties for labor and materials related to the repair or replacement of parts and damaged parts as well as parts and new parts manufactured under license or former home into corresponding technical requirements and road safety . In case parts and new parts manufactured under license or the original use was not available on the local market, vehicle damage incurred will be determined taking into account the provisions of par. (8).
(12) Acts assessment of insurance compensation made without compliance with this Article shall not serve as the basis for payment of insurance compensation.
(13) In case of disagreement between the parties on the choice of the independent expert or specialist unit you need to determine the cost of repair parts or damaged parts, cost of repairs, the value of the vehicle at the time of the accident or the amount remaining parts will disclose that fact in the claim file and is entitled to seek individual legal services of independent experts or specialized units to establish the damages. In this case, the payment of insurance compensation, the parties will take into account the provisions of art. 22 para. (1) and Art. 28 para. (2) and (3). "
14. Article 24 is repealed.
15. Article 25:
in paragraph (1), the word "insured" shall be excluded;

In paragraph (2), point d) is in the end the text ". Expenditure mentioned are determined based on prices charged by institutions in Moldova, according to documents issued by them or, in cases where no institution in Moldova practice not mentioned services, according to documents issued by foreign institutions; "
in paragraph ( 3) the word "insured" shall be excluded;
In paragraph (4) a) is in the end the words "minus allowances paid from the funds of state social insurance budget."
16. Article 28:
in paragraph (1) c), after the word "made" the words "or undertake"
(2) in the end the words: "In the presentation of disagreement, the insurer will act this injured party evaluation or estimate costs of repair and / or replacement of parts or damaged parts, indicating prices, or other documents on which it determined the amount of insurance compensation. "
(5) is in the end the words" or if the agreement between the insurer and the injured person is not determined otherwise. "
17. Article 29:
point b) is in the end the words "or user of the vehicle refused to undergo testing alcoolscopice or, where appropriate, physical examination and / or harvesting of biological samples";
Article is completed with the letter h) as follows:
"h) insured vehicle or the user does not comply with Art. 18 para. (1) c) e) and f) for additional expenses related to failure specified. "
18. Article 31:
(1) shall be supplemented with the letter i1) as follows:
"i1) to its members apply penalties in the amount of 12% annually, calculated from the amount due from the date of the call Bureau member national security and the date of effective payment of the amount owed by the member. Penalties are applied to the budget of the National Bureau; "
in paragraph (2), letter b) reads as follows:
" b) develop and submit to the supervisory authority within 4 months late financial, annual activity report also shows the external audit report carried out by an audit firm or an individual auditor, licensed for audit work and / or qualification certificate of the auditor in the insurance, publishing them on its official website. "
19. Article 32:
complement to paragraphs (5) - (7) as follows:
"(5) National Bureau members who are licensed to provide compulsory motor liability internal and external jointly and severally liable for obligations from the past, present and future of the National Bureau assumed in the international insurance system "Green Card".
(6) National Bureau members who are licensed to provide compulsory motor liability internal and external will work according to the rules established by the internal regulations of the Council of Bureaux and to maintain the National Bureau of Insurance in the International System " Green book".
(7) grounds for suspension or revocation of license for compulsory motor liability by external supervisory authority may serve decision of the leadership of the National Bureau on sanctions if:
a) National Bureau receives 3 or more justified request of the guarantee call within 3 months for the same member;
B) the insurer due payments and fees resulting from their membership of the National Bureau including reinsurance premium payment. "
20. Article 34:
in paragraph (2):
in the introductory part, the words "initial monthly contributions and special contributions" shall be excluded;
Letter a) shall read as follows:

"A) the initial contribution, as a guarantee in case of not fulfilling the insurer who has been suspended or revoked license or who are in financial remediation procedure obligations on payment of compensation for compulsory motor liability external deadline or in case of default of payments resulting from their membership of the National Bureau. The balance of the initial contribution, with the interest thereon, shall be returned to the insurer within 30 days of the entry into force of the decision of the supervisory authority regarding the portfolio transfer all obligations for compensation or within 7 years from the date of license withdrawal, but not before the liquidation of damages; "
paragraph is filled with a1) as follows:
" a1) additional contribution, by way of security for the case provided for in point a) of this paragraph, constituted according to art. 351 par. (5). The balance of the additional contribution, with the interest thereon, shall be returned to the insurer within 30 days after it becomes binding on the National Bureau decision governing bodies of the Council of Bureaux relating to revoke or requirement on financial guarantee external and cases for restitution referred to in subparagraph a) of this paragraph; "
in paragraph (5) the words" (initial monthly and special) "are excluded.
21. Article 35 para. (11) the words "planned volume of gross written premiums for all insurers" are replaced by "gross written premiums for all insurers for the last financial year."
22. Law is supplemented with Article 351 as follows:
"Article 351.
external financial guarantee (1) The financial security is established by the National Bureau external to the Council of Bureaux and the size requirement established by it.
(2) The contribution of foreign insurer Financial Guarantee is the ratio between the size of the guarantee and the number of insurers licensed to provide compulsory motor liability home and abroad.
(3) If the insurer to obtain a license for compulsory motor liability Internal and External while it is in force requirement to maintain financial security Foreign National Bureau recalculates foreign financial security contributions and returns, within 30 days of the date of decision of the supervisory authority to issue the license, the excess contribution made by the new insurer licensed by insurers licensed at the time of recalculation.
(4) Where the license of an insurer for compulsory motor liability Internal and External while it is in force requirement to maintain financial security Foreign National Bureau recalculates foreign financial security contributions and insurers licensed recalculation moment are obliged to fill shortage within 30 days of the effective date of the decision of the supervisory authority license cancellation.
(5) In the case under para. (4) of this Article, the contribution of foreign insurer Financial Guarantee and related interest turns its additional contribution to the compensation fund, in compliance with art. 34 para. (2) a). "
23. Article 36 is completed with paragraph (6) as follows:
"(6) The appointment of the Executive Director of the National Bureau approved in advance by the supervisory authority. The Executive Director must meet the requirements established for persons holding responsible positions in the normative acts of the supervisory authority and no right to pass his responsibilities to others. "
24. Article 37 (1), the words "acts and data on" substitute the words "acts and certified data on".
25. Article 39:
(1) and (2) shall read as follows:
"(1) Patrolling the National Inspectorate of the Ministry of Interior is invested with the supervision of the holding by car owners to compulsory motor liability law.
(2) Border Police under the Ministry of Interior will exercise its border checkpoints of the Republic of Moldova, the control function:

A) entering the country, the ownership by users of vehicles registered in other countries of the international insurance documents valid in the Republic of Moldova;
B) to leave the country by all users holding on vehicle documents motor vehicle liability insurance and their validity for the country of destination. "
Article is supplemented by paragraphs (21) and (22 ) as follows:
"(21) authorized technical inspection stations will conduct technical testing only vehicles whose owners have compulsory vehicle liability law.
(22) In the production control function, the entities referred to in para. (1), (2) and (21) will use the unified information system for the compulsory motor liability based information exchange agreements with the supervisory authority. "
(3) and (4) shall be repealed;
In paragraph (5), after the word "auto" insert the word "domestic";
(6) reads as follows:
"(6) Exploitation in Moldova vehicle without insurance compulsory motor liability internal or, where appropriate, with international insurance document valid in the Republic of Moldova shall be sanctioned contravention under the laws in force. "
26. Article 40 (5), (6) and (7) is repealed.
27. The content of the law, the term "Supervisory Authority" is ortografiază lowercase.
Art. II. - (1) This Law shall enter into force on its publication, except art. I pt. 5 and pt. 26 in part referring to art. 40 para. (5) which will come into force on 1 February 2018.
(2) National Bureau of Motor Insurance, within 6 months will bring its statute activity and in compliance with this law.
Art. III. - Law no. 414-XVI of 22 December 2006 on compulsory insurance of civil liability of motor vehicles, with subsequent amendments, including those made by this law, will be republished in the Official Gazette of the Republic of Moldova.