Key Benefits:
Law of 30 May 1963, concerning compulsory insurance against civil liability in respect of motor vehicles
We JULIANA, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we have taken into consideration the fact that, in connection with the Treaty of 7 January 1955 in Brussels, between the Netherlands, Belgium and Luxembourg, on compulsory liability insurance for motor vehicles ( Trb. 1955, No 16), and the Additional Agreement to this effect of 3 July 1956 ( Trb. 1956, No 75) necessary, and also desirable, to arrange for compulsory insurance against civil liability to which motor vehicles may give rise;
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
For the purposes of this Act, the following definitions shall apply:
Motor vehicles: all driving vehicles, whether or not operated along the ground or partly by mechanical force, whether or not present on the driving or driving or vehicle itself or by electric traction with or without electric traction power supply from elsewhere; if a part of it is considered to be linked to the driving or vehicle or to uncoupling or dissociate it, as long as it has not yet come to a halt outside the traffic;
insured persons, whose liability is covered in accordance with the provisions of this Act;
Injured parties: those who have suffered damage as a result of the application of this law, and of those who suffer from the law;
permit: a licence issued by a non-life insurer under the Law on financial supervision Liability for the exercise of the line of responsibility of motor vehicles;
Insurer: a non-life insurer Law on financial supervision in the Netherlands, a company in the class of liability for the use of motor vehicles, and the office referred to in Article 2 (6) , which is in charge of settlement of the damage caused in the Netherlands by motor vehicles usually based abroad, and of settlement of the damage done in any of the following cases. Article 3, third paragraph , designated countries have been caused by motor vehicles which are normally based in the Netherlands;
path: a road on which the definition of the concept of 'roads' in Article 1, first paragraph, part b, of the Road Traffic Act 1994 is applicable under 'road' means a vessel used in the exercise of a ferry service;
terrain: an area that is accessible to the public or to a certain number of people who have the right to come there;
Number of plates: a registration number as specified in Article 36 of the Road Traffic Act 1994 ;
Motor Traffic and Fund Guarantee Fund: the Article 23, first paragraph , designated legal person;
dangerous substance: a substance as intended in Article 1210, part a, of Book 8 of the Civil Code ;
event: an event as intended in Article 1210, part d, of Book 8 of the Civil Code ;
operator: an operator as intended Article 1210, part e, of Book 8 of the Civil Code ;
Member State: a Member State of the European Union;
Information center: the Article 27b , first member, designated legal person;
Compensation body for the purpose of: Article 27k, first paragraph , designated legal person;
Shaft heator: A claims representative as intended to be used in the operation of the Article 4:70, 2nd paragraph, of the Financial Supervision Act .
1 The owner of a motor vehicle and the person on whose behalf it is registered in the registration registration register shall be obliged to conclude and maintain an insurance for the motor vehicle which is the subject of the provisions of this Law where the vehicle is placed on a road or is driven on a road, if the motor vehicle is used for the traffic in an area of that vehicle or if that vehicle is entered in the registration plate and tenated.
2 By way of derogation from the previous paragraph, the obligation to cover insurance shall not be given to the holder, but to the holder who:
a. The motor vehicle is subject to a contract of hire purchase, or
(b) the motor vehicle has a usufruct, or
c. otherwise, the motor vehicle, other than its holder, has long-lasting use.
3 The obligation to provide insurance in respect of a motor vehicle registered in the registration number and name shall be removed if the vehicle is not used and kept out of the vehicle by its placing outside a road, followed by a by the insurer in accordance with Article 13 to the Road Service, intended in Article 4a of the Road Traffic Act 1994 , notification of suspension of insurance for the use of the motor vehicle for the use of the motor. The termination of the insurance obligation referred to in the previous sentence shall end as soon as the insurer is in accordance with Article 13 has notified the Road Administration of the termination of the suspension as soon as the vehicle is on a road or as soon as it is taking part in traffic on a site. The rules and conditions laid down in this paragraph may be subject to or pursuant to general measures of management. The termination of the insurance obligation referred to in this paragraph shall be carried out only if the system of registration of the motor vehicle in question has been suspended in accordance with the conditions laid down in that registration. Article 67 of the Road Traffic Act 1994 .
4 The obligation to cover insurance shall be suspended until such time as an insurance concluded by another person is in force in accordance with the provisions of this law in respect of the motor vehicle. However, the obligation to provide insurance shall not be suspended during the period of Article 13 (4) , and the in Article 13 A , seventh paragraph, second sentence , meant period. The same shall apply to the period resulting from Article 13 A , sixth paragraph, second sentence .
5 The insurance must be concluded with a non-life insurer which is responsible for the Law on financial supervision In the Netherlands, the company is entitled to operate motor vehicles in the field of liability.
6 The first paragraph shall not apply to motor vehicles which are normally based abroad, provided that an office, approved for that purpose by Our Minister of Finance, which is a legal person with full jurisdiction, or a group of In the case of insurers, or a general management measure for that purpose, a foreign body established in the Netherlands, vis-vis the injured parties, has taken on the obligation to carry out the damage caused by such motor vehicles in accordance with the provisions of the reimbursement of the provisions of this Act.
7 For the purposes of this Act, the following shall be deemed to be normally based in the Netherlands:
(a) motor vehicles fitted with a registration number, whether they are a permanent or temporary registration number;
(b) motor vehicles which have been incorrectly not fitted with a registration number or a foreign licence number or are provided with a registration number or a registration number which does not correspond to or no longer corresponds to the motor vehicle, which to become involved in an accident in the Netherlands solely for the purposes of winding up a claim by the office referred to in the sixth paragraph, or by the Motor Traffic Guarantee Fund;
(c) motor vehicles dispatched from another Member State to the Netherlands, from acceptance of delivery by the purchaser, for a period not exceeding 30 days, even if the vehicle is not officially registered in the Netherlands.
For the purposes of this Act, it is considered normally to be based abroad:
d. Vehicles for which a special licence plate with a limited period of validity has been declared in accordance with a model established by Our Minister for Transport and Water State;
Motor vehicles which are the subject of the application of Article 36, first paragraph, of the Road Traffic Act 1994 are excluded and for which a military registration number has been declared;
(f) motor vehicles registered in another country under the legislation in force or provided with a compulsory insurance plate or other distinguishing sign.
8 To the motor vehicles in respect of which the Agency takes on the obligation referred to in paragraph 6, in any case, the motor vehicles normally based in a country which, in order to comply with this provision, are normally based on the obligations of the Member State concerned. A measure of management has been designated, provided that no exception has been made to that measure.
9 The non-life insurers which Law on financial supervision in the Netherlands, their holding in the class of motor vehicle liability may be paid each year to the office referred to in paragraph 6, the contributions to be determined by the Office, calculated on the basis of the premium paid in the Netherlands; or the number and nature of the motor vehicles insured by each of them in the Netherlands.
1 The insurance must cover, for the entire duration of the insurance, for the entire duration of the insurance, including the periods in which the motor vehicle is situated in the territory of another Member State, the civil law of the motor vehicle. liability to which the motor vehicle may give rise in the traffic, of any possessor, holder and driver of the motor vehicle, and of those who are transported therewith, except for civil law. liability of those who are after the conclusion of insurance by theft or have provided the power over the motor vehicle and of those who, knowing this, use that motor vehicle without a valid reason.
2 The insurance must include the damage caused to persons and to cases by facts which have occurred in the case of the territories to which the Agreement on the European Economic Area applies. It is understood that the damage caused to persons under any heading is transported by the motor vehicle, which causes the damage; the cases, carried by that motor vehicle, may be excluded from the insurance system, except where it concerns cases, belonging to persons, transported by virtue of a person under the conditions of Passenger Transport Act 2000 valid authorisation. ( Stb (1987, 175)
3 The insurance must also cover the damage caused to persons and cases by facts, including cases in countries designated by a general measure of management. The level of cover for the damage referred to in paragraph 2 shall be determined by the legislation of the country in which the event has been taken, or by the legislation of the country in which the vehicle is normally based, if, in the latter country, the coverage is higher. If the Agency is intended to Article 2 (6) In so far as this obligation has not been fulfilled in accordance with the provisions of this paragraph, such damage shall have been taken into account for the amount paid to the person on whom the obligation to insurance rests.
(4) By way of derogation from the provisions of paragraph 3, in respect of motor vehicles, as provided for in Article 6 of the Directive of 24 April 1972 on the approximation of the laws of the Member States, the on the insurance against civil liability in respect of the use of motor vehicles and on the control of insurance against such liability ( Pb. EC 2 May 1972, L 103), as amended by the Council Directive of 19 December 1972 ( Pb. EC , 28 December 1972, L 291, corrigendum Pb. EC 23 March 1973, L75), the insurance covers the damage caused to persons and cases by facts, in cases where the Agreement on the European Economic Area is applicable.
5 The insurance must cover civil liability for damage caused by the motor vehicle as it results from the applicable law.
1 In the case of a vehicle whose maximum permissible weight is greater than 3500 kilograms, the insurance shall also cover the liability of the operator to which a dangerous substance, on board the vehicle, give rise to and that is based on the first department of the fourteenth title of Book 8 of the Civil Code .
2 The coverage referred to in paragraph 1 must extend to liability for damage, intended to Article 1210, part B , from Book 8 of the Civil Code , which is caused by events occurring within the territory of which the Agreement on the European Economic Area applies. It is understood that the damage caused to persons under any heading is transported by the motor vehicle which causes the damage; the cases, carried by that motor vehicle, may be excluded from the insurance.
3 Coverage should also extend to liability for damage caused by events that have taken place in countries designated by a general measure of management. The level of cover for damage, including those referred to in paragraph 2, shall be determined by the legislation of the country in which the event took place or by the legislation of the country in which the motor vehicle is normally Based on a higher level of coverage in the latter country. If the Agency is intended to Article 2 (6) In so far as this obligation has not been fulfilled in accordance with the provisions of this paragraph, such damage shall have been taken into account for the amount paid to the person on whom the obligation to insurance rests.
4 By way of derogation from the provisions of paragraph 3, in respect of motor vehicles, as referred to in paragraph 1 and as referred to in Article 6 of the Directive No 72 /166/EEC -of the Council of the European Communities of 24 April 1972 on the approximation of the laws of the Member States relating to insurance against civil liability in respect of the use of motor vehicles give rise to and take control of the insurance against this liability ( PbEG L 103), as amended by Directive, No No 72 /430/EEC of the Council of the European Communities of 19 December 1972 ( PbEG L 291, rectification PbEG 1973, L 75), subsequently amended by Directive, No 84 /5/EEC of the Council of the European Communities of 30 December 1983, ( PbEG 1984, L 8), the insurance cover the damage caused by events occurring in the territory covered by the Agreement on the European Economic Area.
5 The coverage should extend to the liability for the damage, referred to in Article 1210, part B , from Book 8 of the Civil Code , caused by the dangerous substance on board the motor vehicle referred to in paragraph 1, in the same way as that liability derives from the applicable law.
1 The insurance does not cover the liability for damage caused to the driver of the motor vehicle causing the accident.
2 If insurance as referred to in Article 3 A The insurance company must also cover liability, intended for the purpose of first department of the fourteenth title of Book 8 of the Civil Code In the case of damage to the driver of the vehicle on board which is the dangerous substance which caused the event, if that driver, on the basis of an employment relationship with the insured person, is the person responsible for the operation. motor vehicle, unless the insured person is a company under firm, a private company or a public limited company to which the driver of the motor vehicle itself is responsible.
3 The insurance may be excluded from the damage resulting from the participation of the vehicle in the speed, accuracy or skill journeys and competitions for which the vehicle is responsible for the use of the motor vehicle. Article 148 of the Road Traffic Act 1994 has been granted a derogation.
If the contract implies that the insured person will personally contribute to a part of the compensation for the damage, the insurer shall continue to pay the indemnity to the injured party for the benefit of the indemnity under the conditions of the agreement. the insured person shall remain under the insured person's account.
The policy-holder shall at any time request the insurer to make a statement on the claims lodged or the absence thereof with regard to the motor vehicle covered by the insurance or the motor vehicles covered by the insurance. for at least the last 5 years preceding the duration of the insurance. The insurer shall provide this statement within 15 days of the submission of the request.
1 The injured party has an own right of compensation to the insurer by whom the liability is covered by this Act. However, this right cannot be exercised if a fund or funds have been formed in accordance with Article 1220 of Book 8 of the Civil Code . The discharge of his debt to the insured person shall not release the insurer to the injured party, unless it has been compensated.
2 If, in the event of an accident or an event, there is more than one injured party and the total amount of compensation due exceeds the sum insured, the rights of the injured party shall be proportional to the insurer reduced to the course of that sum. Nevertheless, the insurer, which is unknown to the existence of claims from other disadvantaged persons, shall remain committed in good faith to an injured party in excess of the amount to which it has been paid, vis-vis those other persons or, if a fund or funds have been formed according to Article 1220 of Book 8 of the Civil Code , to the person who has formed the fund or funds only up to the course of the remaining part of the sum insured.
1 For the purpose of implementing the provisions of this Law, the insurer may be sued by the injured party, either before the court of the place where the damage occurred, or before the court of domicile of the injured party. or before the courts of the seat of the insurer.
2 The person liable may be sued by the injured party, either before the court of the place where the damage arose, either before the court of the injured party ' s residence or before the judge of the place of residence. of the liable person.
The insured persons must inform the insurer of any accident and event of which they are aware, if the insured person is involved in the accident or that event, and the damage has been caused by the insurance to be covered by the insurance scheme. insurance this law mandatory. The policy-holder must provide the insurer with all the information and documents required by the insurance contract. The other insured persons must provide the insurer with all the necessary information and documents at his request.
(1) A judgment delivered in a dispute relating to damage caused by a motor vehicle shall apply to the insurer, the insured or the aggrieved authority of res judiced if they had the position of a party in the proceedings.
2 Furthermore, the judgment handed down in a dispute between the injured party and the insured person may be relied upon against the insurer, if it is established that the latter has in fact been in charge of the case; (i) whether or not a counterevidence is not open to the facts which have been established as proven.
3 The insurer may appeal to the insured person, which shall be brought against him by the injured party. The summons must be effected by means of a summons to take the conclusion of an answer. The position of a party to the proceedings in question shall be the position of a party to proceedings.
1 An action brought by the injured party against the insurer arising out of that law shall be based on three years from the date on which the damage was caused.
2 By way of derogation from the first paragraph, a claim for compensation for damage as referred to in paragraph 1 shall be granted Article 1210, part B , from Book 8 of the Civil Code , from the injured party to the insurer by the three years after the start of the day, following the date on which the injured party was known or reasonably known to be familiar with the damage and the person liable for it, and in each case the occurrence of 10 years after the event causing the damage.
3 If the event consisted of a sequence of facts of the same cause, the ten-year period referred to in paragraph 2 shall run from the day on which the last of those facts took place.
4 Proceedings of the limitation of the proceedings of an injured party against an insured person also encounters the limitation period of the proceedings of the injured party against the insurer. Acts which encounter the limitation period of proceedings against the insurer against the insurer shall also be subject to the limitation period for the injured party's legal action against the insured.
5 The limitation period is interrupted with respect to an insurer by any negotiation between the insurer and the injured party. A new period of three years shall begin to run from the moment when one of the parties to a bailier or letter has notified the other to the other that it shall break the negotiations.
1 The legal provisions relating to the insurance contract or to the agreement itself shall not be liable to be relied on by an insurer to an injured party by an insurer. The provisions of the preceding sentence shall not apply in respect of the amount which the insurer has claimed under Article 22 does not exceed the sum or sums specified.
2 The first member to the liable person shall apply mutatis mutandis when the insurer is requested to meet an amount in connection with the formation of a fund or funds in accordance with Article 1220 of Book 8 of the Civil Code .
1 The insurance in respect of a motor vehicle which requires a registration number shall end when the obligation to cover an insurance transfer is transferred to another. The policyholder must communicate to the insurer within eight days of its transition. If the transfer is the result of the death of the policy-holder, the obligation to inform him of his heirs and the period within which the notification must have been made shall be 30 days.
2 The insurance in respect of a motor vehicle which does not have a registration number shall not end when the obligation to cover another person is transferred.
3 The provisions of this Article may be derogated from by agreement.
1 The insurer is required to cover the insurance to which this Law requires, in respect of a motor vehicle, which is subject to a registration number to the Road Service, intended to be used in the motor vehicle. Article 4 A of the Road Traffic Act 1994 , to notify:
(a) the conclusion of insurance;
b. the termination, destruction and decomposition of the insurance;
c. the Article 2 (3) , suspension of insurance and termination of such suspension;
d. any other suspension of insurance or cover;
and the end of that suspension.
2 The Road Traffic Service shall keep a register setting out the notifications referred to in paragraph 1 and the notifications made by insurers, as referred to in Article 2 (2). Article 13 A , second paragraph and sixth member .
3 However, there is no need to give notice if, as a result of the conclusion of a new insurance agreement between the same parties and in respect of the same motor, it is Article 3 Such risk shall be covered without interruption.
4 The insurer's obligations to the injured party shall continue to exist in the case of accidents and events within 16 days of the beginning of the day, following that on which the insurer's notification is the insurance has been terminated, destroyed, disbanded, suspended or suspended, provided that the notification was made to the Road Administration within 30 days of the beginning of that day. If the insurer has not notified the notification within the 30-day period referred to in the previous sentence, its obligations to the injured party for accidents and events shall continue to be taken within 16 days of the beginning of the notification. from the day, following the day on which the notification to the Road Service was submitted. The General Term Act shall not apply to the time limits specified in this paragraph.
5 However, such obligations shall cease to be effective by the entry into force of a new insurance which, in respect of the same motor, shall be covered by the Article 3 shall cover such risk.
6 A notification pursuant to paragraph 1 shall be communicated in respect of insurance to which this Law is required in respect of motor vehicles made available for repair or processing of a natural person or a person 'legal person' and bear a registration number not declared for a particular vehicle in accordance with the provisions of the Article 37, third member of the Road Traffic Act 1994 .
7 The insurer designated as such in the register cannot counter the aggrieved that he is not the one in the register. first sentence of Article 6, first sentence the insurer is, unless he proves that the registration has been made unduly or that his obligations under a notification pursuant to paragraph 1, under b, c or Ed , nevertheless, towards the injured have ended.
8 For the implementation of this Article and of Article 13 A shall be subject to detailed rules by, or pursuant to general management measures, rules.
1 A notification as referred to in Article 13, first paragraph It shall also be co-made with regard to insurance to cover civil liability to which traffic is subject to motor vehicles belonging to the holding stock of a vehicle in accordance with the conditions laid down in this Article. Article 62 of the Road Traffic Act 1994 recognised natural or legal person.
2 The insurer is obliged to notify the Road Administration of the conclusion of an insurance as referred to in the first member by a natural or legal person as referred to in Article 62 of the Road Traffic Act 1994 .
3 The natural or legal person referred to in Article 62 of the Road Traffic Act 1994 , is obliged to notify the Road Service of the recording of the vehicle in the holding stock. The Road Traffic Service confirms this notification for receipt.
4 The notification referred to in paragraph 2 shall apply, together with the notification confirmed by the third paragraph, as the notification, referred to in the second paragraph, as referred to in the second paragraph of this Article. Article 13, first paragraph, point A .
5 The communication confirming that the vehicle leaves the holding stock shall be deemed to be the notification by the insurer of the insurer of the end of the cover in respect of the motor vehicle.
6 The insurer is obliged to inform the Road Administration of the termination, destruction, decomposition and suspension of insurance. Article 13 (4) , shall apply mutatis mutandis.
7 The coverage of the motor vehicle shall cease to be due to the communication to the Road Administration which indicates that the motor vehicle leaves the holding stock by the Service Road for receipt. The insurer's obligations to the injured party remain, however, for accidents which occur within 16 days of the beginning of the day, following that on which the communication to the Road Administration which indicates that it is the motor vehicle leaving the holding stock, the Service Road Service has been confirmed for receipt.
1 The driver of a motor vehicle which does not need registration, and the driver of a motor vehicle as intended for use in the motor vehicle Article 2, seventh paragraph, points (d) and (e) , unless otherwise provided by or under general management measures, a proof of insurance required by or under that measure must be provided. The driver of a motor vehicle involved in an accident or event shall be obliged to give access to those who are also involved in the event of an accident or event if he or she is required to have a document under the conditions laid down in this paragraph. that accident or that event is involved.
2 The obligations of the insurer which has issued a proof of insurance shall end only by the course of a period of 16 days following the end of the period for which the certificate was issued. The General Term Act does not apply in this period.
3 However, these obligations shall cease to be in force after the entry into force of a new insurance which, in respect of the same motor, shall be covered by the Article 3 shall cover such risk.
4 By way of derogation from the second paragraph, the obligations of the Office shall end in Article 2 (6) , as a result of the period of validity of the international insurance certificate issued for the vehicle, where those obligations arise from the issue of that licence.
1 The insurer which, under this law, reimburses the damage of a injured party in whole or in part, although the liability for such damage was not covered by an insurance entered into with him, has the effect of covering the amount of the compensation for damages in respect of the compensation for damages; Person liable. The provisions of the preceding sentence shall not apply to the person liable, who is not the policy holder, unless he was not entitled to assume in good faith that his liability was covered by insurance.
2 The insurer may, moreover, reserve a right of redress against the policy-holder, and where to do so, according to the law or the insurance contract, if he or she is entitled to refuse or reduce the payment. It exists, against the insured person who is not the policyholder.
A derogation from a provision of that law may be waived only if the power to do so is apparent from the provision itself.
1 The State is exempted from the obligation to conclude insurance. If a motor vehicle for which the exemption applies gives rise to civil liability, the injured party shall have the rights of the State which it would otherwise have against the insurer, in accordance with that law, while the Determination of Article 7 is applicable mutatis mutandis. In the cases mentioned in Article 4, first paragraph However, the injured party is not eligible for benefit under the previous sentence.
2 The driver of a motor vehicle, of which the State is the possessor or holder, as referred to in Article 2, second paragraph , is, must have a certificate showing the exemption. The model of this proof is established by our Minister of Finance, after consultation with Our Minister of Transport and Water State.
3 We reserve, in the case of a general measure, exemption from the obligation to grant insurance in respect of certain types of motor vehicles which are hardly at risk.
1 The obligation to conclude insurance on an application made to our Minister of Finance may be exempted from the obligation to do so. Article 2, first and second paragraphs , those persons who have expressed reservations about the conclusion of insurance. Legal persons may be exempted from the obligation referred to in the previous sentence, if natural persons who are involved in those legal persons have expressed reservations about the conclusion of insurance. In the case of a general measure of management, it is possible to lay down the detailed rules laid down in the previous sentence. The provisions of the second and third sentences of the first paragraph of the preceding Article shall apply mutatis mutandis in cases where an exemption has been granted.
2 The request shall be made by submitting to our Minister of Finance a declaration signed by the applicant, the model of which shall be established by Our Minister. It must appear from the statement that the applicant has objections to any insurance, including any insurance, as well as to the fact that he has not insured any goods or goods belonging to him or anyone else.
1 If the Article 18 second paragraph The statement made by our Minister for Finance, in accordance with the truth, is that he shall grant the applicant the exemption requested. The exemption shall be granted for each of the motor vehicles of which the exempted holder, the person, on whose behalf they are entered in the registration register, or the person in question. Article 2, second paragraph The holder is, against payment, a certificate valid for a period of more than one year. The drivers of these motor vehicles shall have a valid proof of exemption. As long as the exemption applies, the proof at the request of the exempted from payment shall be renewed from year to year. The model of this proof is established by our Minister.
2 Our Minister of Finance may withdraw the exemption granted:
a. at the request of the exempt person;
b. if the objections, under which exemption has been granted, can no longer be considered as being possible;
c. if no proof of exemption has been issued for a period of at least one year;
d. if the exempted party fails to pay the amount, due for obtaining a proof referred to in the first paragraph, within two months.
3 In the case of, or under general management, detailed rules for the provision of the previous paragraphs may be laid down.
Our Minister of Finance determines annually the amount that the applicants are owed in order to obtain the proof referred to in the previous article.
Our Minister of Finance pays annually the amounts received under the previous article to the fund.
The sum or sums, for which the insurance referred to in this Law must be at least concluded, shall be determined by us by a general measure of management.
1 Our Minister of Justice and Our Minister of Finance designate a legal person with full jurisdiction under the name Guarantee Fund Motor Traffic in the cases, in the event of the Article 25 -to compensate the injured parties in accordance with the provisions of the Article 26 .
2 A designation as referred to in paragraph 1 shall be carried out only if the legal person fulfils the following requirements:
(a) he must be in a position to perform the task referred to in the first paragraph;
(b) conditions must be in place for decision-making within the legal person to ensure that the task referred to in the first paragraph is independent.
3 Our Minister of Justice and Our Minister of Finance may withdraw a designation as referred to in paragraph 1 if the legal person does not comply with the requirements set out in paragraph 2, or if the legal person does not comply with the judgment Otherwise, the task is no longer independent.
4 Withdrawal of the designation referred to in paragraph 1 shall be made under simultaneous provision by Our Minister of Justice and Our Minister of Finance in the task referred to in paragraph 1, where they can lay down detailed rules. The revocation shall have the effect of winding up the legal person and shall make the assets of the assets subject to a general title to the State.
5 A designation and a revocation of a designation as referred to in this Article shall be Official Gazette It is known
The fund may not change its statutes unless the amendment has the agreement of Our Minister of Justice and our Minister of Finance. The 10:28 to 10:31 of General Law governing law shall be applicable mutatis mutandis.
1 The Fund shall provide to our Minister of Justice and the Minister of Finance all the information requested concerning the performance of his task.
2 The fund shall, within six months of the end of the financial year at the end of the financial year, forward to our Minister of Justice and to our Minister of Finance the balance sheet and the statement of income and expenses, as well as the management report for the financial year in question. These documents shall be taken into account: Article 24, third and fourth paragraphs , drawn up and accompanied by a statement of fidelity, made by an accountant as intended for the purpose of Article 393, 1st paragraph, of Book 2 of the Civil Code .
1 The non-life insurers Law on financial supervision in the Netherlands, their company in the class of motor vehicle liability, paying each year the fund to determine the amount to be determined by the fund, calculated on the basis of the number and nature of the funds insured by each of them in the Netherlands Motor vehicles. The Fund shall, mutatis mutandis, annually also determine the amount to be paid by the State to the Fund. The provisions referred to in the preceding sentences shall be determined no later than 30 June of each year. The payment shall be made within one month of the decision to determine the amount due.
2 In determining this amount, account shall be taken of the past surpluses or deficits acquired by the fund. Account will also be taken of the expected compensation to be paid in the coming year.
3 The amounts referred to in Article 21 shall be administered separately by the fund and shall be used exclusively for payment of damages and costs, given by the use of motor vehicles in respect of which Article 19, first paragraph , a valid proof of exemption has been issued, and to cover the costs associated with handling requests for exemption and for the award of the Article 19, first paragraph -That's the evidence.
4 However, the fund of the Article 21 amounts received each year by means of general funds; the same yardsmen as those applied under the first paragraph shall be taken into account for the adoption of such funds.
1 The non-life insurers Law on financial supervision in the Netherlands, their company in the class of motor vehicle liability, and the State, guarantee, each according to the number and type of motor vehicles insured in the Netherlands, respectively, in accordance with the conditions laid down in the number and type of motor vehicles of which the State is the holder or holder as referred to in Article 2, second paragraph , is, the liabilities of the fund.
2 The State shall also ensure the obligations of the Fund, in so far as the amounts in the Third paragraph of Article 24 shall not be sufficient to compensate for damage caused by the use of the motor vehicles referred to in that paragraph.
1 An injured party may, where there is a civil liability for damage caused by a motor vehicle or liability such as that of the kind used in the motor vehicle Article 3a exists, a right to damages against the fund:
a. Where it cannot be determined who is the person liable, unless it is plausible that the injured person did not do so until that finding, which could reasonably be expected of him;
b. where the obligation to insurance has not been fulfilled;
(c) where the damage results from an act or omission on the part of the person who, by reason of the theft or of the violence, has taken control of the motor vehicle or of the motor vehicle, knowing that the motor vehicle is in use for no valid reason, and the insurer, the State, or the State, which has Article 18 is exempt from the insurance obligation without liability;
d. in the event of an inability of the insurer;
e. where on the basis of an exemption under the Article 17, third paragraph , or 18 an insurance policy has not been completed.
2 The fund is directed towards the office, which is intended to be Article 2 (6) , furthermore, liable for any payment by this Agency of the damage in any of the following cases: Article 3, third paragraph , designated countries caused by a motor vehicle usually based in the Netherlands and related to the Article 19, first paragraph , a valid proof of exemption has been issued. The liability of the Fund pursuant to the previous sentence is the responsibility of the first five members of Article 26 Not applicable.
3 The fund shall, in the cases referred to in the first member, give to those who turn to him for reimbursement of damage directly suffered by them, on the basis of the information obtained from them at his request, one of the reasons Reasoned reply relating to his intervention.
4 If the fund and an insurer are not in agreement as to which of them should compensate for the damage, the person who was first addressed shall be required to pay compensation for the damage. If it is found that all or part of the damage is liable to be reimbursed, it shall be charged to the settlement.
1 The fund shall not be liable for damages, to the extent that it is the sum or sums determined under Article 22 -It's over.
2 The Fund shall not be liable to the injured party which may be excluded from the right to benefit pursuant to Article 4 (1) and (2) of the said paragraph.
3 The fund shall not be liable for the damage referred to in Article 4, third paragraph Nor for damage to cases, carried by the motor vehicle.
4 The fund is in a case referred to in Article 25, first paragraph, point (a) In the case of damage to his cases, only liable to the extent that such damage exceeds an amount determined by a general measure of administrative action; in respect of the part of the damage which is less than that of the the fund does not incur liability by any other injured party acquiring the claim for remuneration.
5 The fund shall be liable only if the injured person demonstrates that he is liable to all known persons as such and, to the extent that the liability of such persons is insured under this law, to their insurers. has been docused.
6 By way of derogation from the fifth paragraph, in the event of inability of the insurer, the notice of formal notice may be omitted from the insured person liable; in that case, however, the fund shall be liable only in so far as the obligation to do so may be Compensation of the insurer by recognition or by res judiced shall be established. To the extent that the fund has complied with the claim made by the injured party to the insurer, the fund shall enter into all the rights which the injured party has in respect of the claim.
7 The Article 6, second paragraph , 7 and 9 shall be applied mutatis mutandis to the Fund.
8 Article 10 shall apply mutatis mutandis to the legal proceedings of the injured party against the fund.
1 The fund shall have a right of redress against:
a. all liable persons;
(b) the person who has failed to fulfil his obligation to cover the motor vehicle to which the damage was caused or to the vehicle on board the dangerous substance with which the damage was caused caused; or
c. the guarantee institutions of those Member States which make use of the option to exempt certain types of motor vehicles or of certain motor vehicles with a special registration plate from the insurance obligation.
The provisions of subparagraphs (a) and (b) shall apply in the case of Article 25 (d) (d) , only to the extent that the insurer would have been subject to a right of redress. The Fund also has the rights of an injured party to the insurers of the persons liable.
2 The fund, moreover, has the same rights as an insurer vis-vis the insured against the persons liable.
For the purposes of this Chapter, the following definitions shall apply:
Injured parties: those who have suffered damage caused by motor vehicles normally based and insured in a Member State, as well as their legal persons;
(b) insurer: the insurer holding a licence in a Member State as referred to in Articles 14 or 162 of Directive 2009 /138/EC of the European Parliament and of the Council of 25 November 2009 on the taking up and pursuit of the insurance and reinsurance undertaking (Solvency II) (PbEU 2009, L 335);
c. Directive No 72 /166/EEC : Directive No 72 /166/EEC Of the Council of the European Communities of 24 April 1972 on the approximation of the laws of the Member States relating to the insurance of civil liability in respect of the use of motor vehicles give rise to an assurance and control of the insurance against such liability (PbEG L 103).
1 Our Minister of Justice and Our Minister of Finance designate a legal person with full jurisdiction as information center to provide information to injured parties in order to enable them to make a claim on the compensation for damages.
2 A designation shall be carried out only if the legal person fulfils the following requirements:
(a) he must be in a position to perform the task referred to in the first paragraph;
(b) conditions must be in place for decision-making within the legal person to ensure that the task referred to in the first paragraph is independent.
3 Our Minister of Justice and Our Minister of Finance may withdraw a designation if the legal person does not comply with the requirements set out in paragraph 2, or if the legal person does not otherwise have its task fulfils its independence.
4 Withdrawal of designation is made under simultaneous provision by our Minister of Justice and our Minister of Finance in the task referred to in paragraph 1, in which they can lay down detailed rules.
5 A designation and revocation of an appointment shall be published in the Official Journal.
The Information Center cannot modify its bylaws, unless the change is approved by Our Minister of Justice and our Minister of Finance.
The Information Centre is supplied to our Minister of Justice and our Minister of Finance all the information requested concerning the execution of his task.
In the case of the designation, Article 27b, first paragraph It shall determine the manner in which the work of the Information Centre is financed in order to carry out its task.
1 Coordinates the information center for the purpose of performing the information Article 27b, first paragraph , the task imposed is the collection and provision of the following data:
a. The marking of the motor vehicles normally based in the Netherlands;
1 °. the policy numbers of the insurance referred to in the Articles 3 and 3a and, where the insurance has been terminated, destroyed or dissolved, the date on which the cover is ended;
2. the number of the international insurance certificate or the frontier policy of insurance issued for motor vehicles for which the provisions of Article 4 (b) of that Article Directive 72 /166/EEC Certain derogations shall apply;
c. the names and addresses of the insurers and the claims agents;
d. the list of motor vehicles covered by one or more Member States in accordance with Article 4 (a) and (b) of Directive No 72 /166/EEC deviate from compulsory insurance against civil liability, which may give rise to such insurance in the course of traffic;
e. in respect of motor vehicles specified in point (d):
1. the name of the authority or body which, in accordance with the second subparagraph of Article 4 (a), Directive No 72 /166/EEC Compensation for injured parties where the procedure provided for in the first indent of the second paragraph of Article 2 of the Directive is not applicable and where the derogation applies to the motor vehicle in accordance with Article 4 (a) of that Directive;
2 °. the name of the authority under which the vehicle is situated in the Member State where it is normally based, where the vehicle is subject to the derogation provided for in Article 4 (b) of the EC Treaty. Directive No 72 /166/EEC .
2 The information specified in paragraphs a, b and c of paragraph 1 shall be retained for seven years from the date of the cancellation of the registration of the vehicle in the register of registration, as specified in point (a) of this Regulation. Article 42, first paragraph, of the Road Traffic Act 1994 or from the termination of coverage.
If an injured party submits a request within seven years of the damage caused, the Information Centre shall immediately provide the following information:
a. The name and address of the insurer of the motor vehicle with which the damage was caused;
b. The policy number; and
c. the name and address of the claims representative of the insurer referred to in point (a).
1 Where a disadvantaged person has a legitimate interest, the Information Centre shall communicate to the name and address of the owner of the person on whose behalf the motor vehicle is entered in the registration register or on the holder of the motor vehicle. In particular, the Information Centre shall inform the following:
a. the insurer; or
b. The Road Traffic Service.
2 If the motor vehicle is subject to the derogation provided for in Article 4 (a), Directive No 72 /166/EEC the Information Centre shall inform the injured party of the name of the authority or body responsible for compensation to the injured injured parties in accordance with the second subparagraph of Article 4 (a) of that Directive, if the procedure laid down in Article 2 is to be taken; Second paragraph, first indent, of that Directive shall not apply.
3 Where, for the motor vehicle, the derogation is provided for in Article 4 (b), Directive No 72 /166/EEC the Information Centre shall inform the injured party of the name of the authority under which the vehicle is subject in the Member State where it has normally been based.
The information center is working with the information centers that are designated in the other Member States.
For the purposes of this Chapter, the following definitions shall apply:
(a) damage: facts caused by participation in the movement of motor vehicles which are normally based and insured in a Member State other than the Netherlands and which have occurred in a Member State other than that of the the place of residence of the injured party, or in a State outside the European Union where an agency, group of insurers or agency operates that same or that corresponds to that of the Agency, Article 2 (6) ;
(b) injured persons: persons domicile in the Netherlands who have suffered damage as referred to in subparagraph (a) and their claims, but excluding insurers, execution bodies referred to in Article 41, third paragraph, of the Social Security Organisation (Social Insurance Act 1997), and other bodies which have entered into the rights of such persons by means of compensation for the loss of life;
(c) insurer: the insurer held in a Member State in possession of a licence as referred to in Article 6 or Article 23 of Directive 73 /239/EEC of the Council of the European Communities of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to access to direct insurance other than life assurance, and to the exercise of these (PbEG L 228).
1 Our Minister of Justice and our Minister of Finance shall designate a legal person with full jurisdiction as the Schadecompensation body responsible for providing compensation to any injured party in the cases referred to in Article 27o, paragraph 1.
2 A designation shall be carried out only if the legal person fulfils the following requirements:
(a) he must be in a position to perform the task referred to in the first paragraph;
(b) conditions must be in place for decision-making within the legal person to ensure that the task referred to in the first paragraph is independent.
3 Our Minister of Justice and Our Minister of Finance may withdraw a designation if the legal person does not comply with the requirements set out in paragraph 2, or if the legal person does not otherwise have the task of doing so fulfils its independence.
4 Withdrawal of designation is made under simultaneous provision by our Minister of Justice and our Minister of Finance in the task referred to in paragraph 1, in which they can lay down detailed rules.
5 A designation and revocation of an appointment shall be published in the Official Journal.
The Compensation Body may not change its statutes unless the amendment has been approved by Our Minister of Justice and our Minister of Finance.
1 The Compensation Body shall supply all the information requested to our Minister of Justice and the Minister of Finance concerning the performance of his task.
2 The Compensation Body shall, within six months of the end of the financial year, send to our Minister of Justice and to our Minister of Finance the balance sheet and the statement of income and charges, as well as the management report for the financial year in question. These documents shall be accompanied by a statement of fidelity, made by a chartered accountant as referred to in Article 393, 1st paragraph, of Book 2 of the Civil Code .
In the case of the designation, Article 27k, first paragraph It shall determine the manner in which compensation is to be paid by the Infringement Compensation Institution, as referred to in Article 4 (2). Article 27r It will be funded.
1 An injured party may, where there is a civil liability for damage, make a claim for damages to the Infringement Compensation Body, if:
a. Within three months of the date on which he submitted his claim for compensation to the insurer of the motor vehicle with which the damage was caused, or to his claims representative in the Netherlands, that insurer or that claims representative. has not provided a reasoned response to the request;
b. The insurer has failed to set up a claims representative in the Netherlands;
c. The insurer cannot be identified within two months of the occurrence of the event from which the damage occurred; or
d. The motor vehicle cannot be identified.
2 An injured party may not lodge a claim for compensation to the Infringement Authority:
(a) in the case referred to in paragraph 1 (b) if he has submitted his claim for compensation directly to the insurer and has a reasoned reply within three months of the lodging of the application; received; or
b. if he has brought an action directly against the insurer.
1 The compensation body shall take the claim for compensation within two months of the application of the injured party's decision.
2 The Compensation Body shall terminate the examination of the application as soon as the insurer or its claims representative in the Netherlands have, within the period of two months referred to in the first paragraph, a reasoned reply to the request given.
The compensation body shall immediately inform the following parties of the claim for compensation submitted to it by means of the notification that the request is being considered within two months of its submission:
a. The insurer of the motor vehicle with which the damage was caused, or its claims representative;
(b) the compensation body in the Member State of establishment of the insurer referred to in subparagraph (a); and
c. if known, the person who caused the damage.
The compensation body shall pay compensation only if the injured party demonstrates that he is insured under all known persons and, in so far as the liability of such persons is, according to the person responsible for the compensation. any legislation of the Member State in which the vehicle with which the damage was caused is normally based, their insurers or their claims agents have been paid in the Netherlands for payment.
The compensation body shall not compensate for any damage, higher than the amounts legally committed in the Member State in which the damage occurred, or in the Member State where the vehicle is normally based, if in the last Member State's coverage is higher.
1 After compensation for damage to a injured party, the Schadecompensation body shall have the right to redress:
a. in the Article 27o, first paragraph, parts a and b Cases referred to at the compensation body in the Member State of establishment of the insurer of the motor vehicle with which the damage was caused;
b. in Article 27o, first paragraph, part c on the said case, to the national guarantee fund in the Member State in which the motor vehicle with which the damage was caused is normally based, which corresponds to the Motor Vehicle Guarantee Fund;
c. in Article 27o, first paragraph, part d on the said case, to the national guarantee fund in the Member State in which the event of the damage has occurred, corresponding to the Motor Vehicle Guarantee Fund;
(d) if the accident was caused by a motor vehicle from a State outside the European Union, where an office, group of insurers or agency operates, that corresponds to that of the office, Article 2 (6) , and of which the insurer cannot be identified within two months of the accident, to the national guarantee fund in the Member State where the event of the damage occurred, corresponding to the Guarantee Fund. Engine traffic.
(2) If a compensation body from another Member State has compensated a person in its Member State on the basis of legislation which corresponds to Article 27o and thereafter seeks redress for the compensation body, refunders the compensation body from the amount paid by the compensation body from that other Member State. The Compensation Body shall report the name of the insurer concerned to the Pension & Insurance Chamber.
(3) If the compensation body has been referred to by a compensation body of another Member State, it shall have the same amount for the amount paid to the person liable to civil liability or to his insurer.
1 The Articles 5 to 15 continue to apply to a non-life insurer as specified in Article 1: 1 of the Law on Financial Supervision in relation to the damage caused by an accident or an event that occurred before or within 30 days of the withdrawal of the authorisation or the withdrawal of a corresponding licence if it is an insurer with a seat in the another Member State, or the decision as referred to in Article 1:58, 2nd paragraph, of the Financial Supervision Act . General Term Act does not apply in this period.
2 The person who, with an insurer who is either no longer or no longer in possession of a licence or a corresponding licence if it is an insurer with a registered office in another Member State, or in respect of who is the subject of a decision as intended in Article 1:58, 2nd paragraph, of the Financial Supervision Act , an insurance which is subject to this law may terminate such insurance by denunciation; the insurer shall return the premium paid in advance for the part which is proportional to the amount on the date of receipt of the notice. no part of the period for which the premium was paid, less than a part of the period for which the premium was paid, less than a percentage to be determined by the Netherlands Bank N.V. to pay expenses to be paid back.
1 He, acting as possessor, or the person on whose behalf a motor vehicle is entered in the registration register, or as a holder in the sense of Article 2, second paragraph Driving a vehicle on a road or allowing it to drive or allow it to drive or stand on a road or to take part in a road with a motor vehicle or to take part in the traffic in an area without the vehicle being that motor vehicle has entered into and maintained an insurance in accordance with this Law, shall be subject to custody of a maximum of three months or a fine of the second category.
2 The persons referred to in paragraph 1 shall be punished by equal punishment if they have not entered and maintained an insurance in accordance with this Law for a motor vehicle registered in the registration number register.
3 Persons referred to in paragraph 1 shall not be a criminal offence if they do not have the obligation to provide insurance.
(4) The driver of a motor vehicle travelling in a road or on a road or outside a road with a motor vehicle participating in the traffic in an area without insurance for that motor being closed and maintained in accordance with the law of the motor vehicle Detention shall be subject to custody of a maximum of three months or a fine of the second category.
5 The driver referred to in the previous paragraph shall not be a criminal offence if:
(a) in respect of the motor vehicle exemption from the obligation to insurance has been granted and a valid proof of that exemption has been issued;
b. an in Article 2 (6) The agency, group of insurers or foreign authority, has undertaken to make good the damage caused by the vehicle in accordance with the provisions of this Act.
6 Upon conviction for a criminal offence, described in the first, second or fourth member, the guilty party may be denied motor vehicles for the time of not more than one year and in the case of the offence absence of a five-year period after the end of the period of time for which, in the event of an irrevocable conviction, the guilty party has been denied motor vehicles for the time of not more than five years. A conviction shall be treated as a criminal act. Former irrevocable conviction shall include a former irrevocable conviction by a criminal court in another Member State of the European Union. Moreover, the provisions of the Road Traffic Act 1994 (i) concerning the additional penalty for the denial of motor vehicles ' driving licences, mutatis mutandis.
7 In the case of a conviction for a criminal offence, as defined in paragraphs 2 or 4 of the first, second or fourth sentences, the court may also impose the additional penalty for payment of a maximum of € 2723 to the Guarantee Fund Motor traffic. The Articles 24a-24c of the Penal Code shall be applicable mutatis mutandis.
8 The additional penalty referred to in the preceding paragraph shall be enforced by corresponding application of the Articles 561, first, second and third paragraphs , 572, first, second and fourth members , 573 , 575 and 576 of the Code of Criminal Procedure . The public prosecutor is concerned that the amounts collected from discharge are paid to the Motor Vehicle Guarantee Fund.
The person responsible for the search for the first action of the persons responsible for the detection of the offences provided for in this Law is the driver of a motor vehicle obliged to keep the carriage still and, if he is Article 14 first paragraph , Article 17, second paragraph or Article 19 first paragraph It must have a document in itself, giving it good access to the document.
The holder of a certificate as intended Article 19 first paragraph shall be obliged to surrender to the competent authority at first notice, if it has become invalid.
Act in violation of the Articles 31 and 32 shall be subject to custody of a maximum of 30 days or a fine of the second category.
1 If the register held by the Administration does not show that, in respect of a vehicle with respect to which an insurance obligation exists, or has existed for a given period, during that period, it shall be the insurance obligation under this Act may be met by an official as referred to in Article 3 (1). Article 37 of the person, on whose behalf the motor vehicle is registered in the registration number register, shall be required to prove that the insurance obligation has nevertheless been fulfilled during that period.
2 The person to whom the claim is addressed may comply with it within a period to be determined by the official referred to in the first paragraph, but not less than 14 days, one of the insurers of a written part of a to provide him with a place of access. It must appear from the writing that during the period the liability to which the motor vehicle may give rise was covered by an insurance in accordance with the provisions of this law. The insurer shall be required to issue a text in such a manner as soon as possible, but in any event within 10 days, after it has reached a request for that purpose.
3 The person who fails to comply with the claim referred to in paragraph 1 shall be punished by a detention of a maximum of three months or a fine of the second category. The Sixth to the eighth paragraph of Article 30 shall be applicable mutatis mutandis.
Infringement of the provision of, or under general management of the administration, in so far as that offence has been expressly regarded as a criminal offence, it shall be held in custody for up to 30 days or a fine of the second category.
Offences which are punishable by or under this law are offences.
With the detection of the offences referred to in this Chapter, except the officials referred to in this Chapter, Article 141 of the Code of Criminal Procedure , in charge of the officials, who Article 159 of the Road Traffic Act 1994 designated for the detection of criminal offences.
1 For the implementation of this Law, detailed rules may be laid down in or pursuant to general management measures.
2 Information on the fulfilment of the obligation to cover insurance shall be provided, on application and against payment, by the service provided by the Road Service, on the basis of the service provided for by the Office. A general measure of management shall determine who has been subject to the payment of the tariff. Article 4 q , first paragraph, of the Road Traffic Act 1994 shall apply mutatis mutandis.
The provisions of this law will enter into force upon the times to be determined by Us.
This law may be cited as: Motor vehicle liability insurance.
Burdens and orders, which are in the State Sheet will be placed, and that all Ministerial Departments, Authorities, Colleges and Officials, who so concern, will keep their hands on the precise execution.
Given at Paleize Soestdijk, 30 May 1963
JULIANA.
The Minister of Justice,
A. C. W. BEERMAN.
The Minister of Finance, a.i.,
J. W. DE POUS.
The Minister for Transport and Waterstaat a.i.,
J. VAN AARTSEN.
Issued the eighteenth of June 1963.The Minister of Justice,
A. C. W. BEERMAN.
