The additional provision of Law 30/1995 of 8 November 1995 on the Management and Supervision of Private Insurance has amended the previous Law on the Use and Movement of Motor Vehicles, Recast Text Approved by Decree 632/1968, of 21 March, to be called the Law on Civil and Safe Liability in the Movement of Motor Vehicles. This amendment has led to a substantial change in the regulation of compulsory insurance for motor vehicles and their adaptation to Council Directive 90 /232/EEC of 14 May on the approximation of the laws of the Member States relating to the approximation of the laws of the Member States relating to motor vehicles. the laws of the Member States on insurance against civil liability in respect of the movement of motor vehicles, which extends the compulsory insurance system.

The new regulation highlights the approval of a system for the assessment of damages caused to persons in road accidents, which will be applied to the assessment of all damages caused to persons in road accidents.

The regulatory enablement of the Government to dictate how many provisions are necessary is recognized in the final provision of the Law on Civil and Safe Liability in the Movement of Motor Vehicles, Introduced by the third final provision of Law 40/1998 of 9 December 1998 on the Income Tax of Physical Persons and other Tax Rules. And by virtue of the habilitation referred to, this new regulation is issued, which comes to replace Royal Decree 2641/1986 of 30 December 1986, which adopted the Regulation of Insurance of Civil Liability arising from the use and circulation of motor vehicles, of compulsory subscription.

On the other hand, Article 2.2 of the Law on Civil and Safe Liability in the Movement of Motor Vehicles, as amended by the additional provision of Law 30/1995, of 8 November 1995, of Ordination and Article 5 of Directive 90 /232/EEC has incorporated the mandate of Article 5 of Directive 90 /232/EEC. The aforementioned article of the Law reserves to the regulatory development the establishment of the requirements, form and periodicity in which the insurers will have to send the corresponding information that allows, to the persons involved in an accident of (a) to determine, as soon as possible, the circumstances relating to the insurance contract and to the insurance undertaking.

However, and in order to enable the persons involved in a road accident to be aware of the insurance undertaking, the transitional provision of Law No 30/1995 laid down the obligation for the insurance institutions, to keep a record of at least the circumstances relating to the registration of the vehicle, the number of the policy and the period of validity of the vehicle. It also imposed the obligation to supply, to the Ministry of Economy and Finance (today the Ministry of Economy), information on the vehicles insured by them, by referring to the Compensation Consortium. Insurance for such information. This obligation was regulated by a decision of 8 March 1996, of the Directorate-General for Insurance, on the provision of information by the insurance companies of insured vehicles. However, in compliance with Article 2.2 already mentioned, this Regulation is governed by this Regulation.

Likewise, this Royal Decree incorporates, as a definitive measure, the obligation laid down in Article 1 of Council Directive 84 /5/EEC of 30 December 1983 on the approximation of the laws of the Member States relating to the members on the liability insurance resulting from the movement of motor vehicles, which has already been incorporated into Spanish law by the seventh additional provision of the Regulation on the Management and Supervision of Private Insurance, approved by Royal Decree 2486/1998 of 20 November 1998, which is to be repealed in the Royal Decree.

On the other hand, new considerations have been incorporated in this Regulation that the experience has advised to introduce, and the content of the Law on Civil and Safe Liability in the circulation of motor vehicles.

To the needs referred comes to attend the present Royal Decree, which aims to approve the regulation on civil liability and insurance in the circulation of motor vehicles.

With regard to the structure of the Regulation, three titles are distinguished; the first of them referring to the civil liability, the second in which the insurance of compulsory subscription of civil liability is developed in the necessary aspects, and the third concerning the Insurance Compensation Consortium; such that the knowledge of the regulatory regulations of the civil liability arising from the circulation of motor vehicles requires the joint compression of the Law on Civil and Safe Liability in the Movement of Motor Vehicles and of this Regulation.

In its virtue, on the proposal of the Minister of Economy, the Minister of Justice and the Minister of the Interior, in agreement with the Council of State and after deliberation by the Council of Ministers, at its meeting of 12 January 2001,

D I S P O N G O:

Single item. Adoption of the Regulation on civil and insurance liability in the movement of motor vehicles.

The Regulation on civil and insurance liability in the movement of motor vehicles, the text of which is inserted below, is hereby approved.

Single repeal provision. Regulatory repeal.

As many provisions of the same or lower rank are repealed as set out in the Regulation adopted by this Royal Decree, and in particular the following:

(a) Royal Decree 2641/1986 of 30 December 1986 on the regulation of insurance against civil liability arising from the use and movement of motor vehicles, of compulsory subscription.

(b) Order of 23 April 1987 on the model to be used to prove the existence of liability insurance arising from the use and movement of motor vehicles, of compulsory subscription.

(c) Order of 10 July 1990 fixing the time limit for the entry into force of the liability of the Insurance Compensation Consortium for material damage arising from the compulsory insurance liability of civil liability insurance cars.

(d) Order of 18 March 1993, for which the competent bodies are set up to sanction infringements of the legislation on compulsory liability insurance for motor vehicles.

(e) Resolution of 8 March 1996, of the Directorate-General for Insurance, on the provision of information by insurance undertakings for insured vehicles, except for Annexes I and II which are expressly declared in force until the resolution of the Directorate-General for Insurance, referred to in Articles 23 et seq. of the Rules of Procedure, is published.

(f) Additional provision seventh of the Regulation on the management and supervision of private insurance, approved by Royal Decree 2486/1998 of 20 November 1998.

Single end disposition. Entry into force.

This Royal Decree will enter into force in the month of its publication in the "Official Gazette of the State", with the exception of Article 3.3, which will take effect from 1 January 2001.

Given in Madrid on January 12, 2001.

JOHN CARLOS R.

First Deputy Prime Minister and Minister of the Presidency, MARIANO RAJOY BREY

Regulation on civil liability and insurance in the movement of motor vehicles

TITLE I

From civil liability

CHAPTER I

From civil liability and from your insurance

Article 1. Insurance against civil liability in the movement of motor vehicles.

1. Any owner of a motor vehicle which has its usual parking lot in Spain, without prejudice to Article 16 (2), is obliged to take out and maintain in force an insurance contract for each vehicle in which it is the holder, by means of which the insurance undertaking covers, in the fields and with the limits laid down in this Regulation for the compulsory underwriting insurance, the civil liability provided for in Article 1 of the Law on Civil Liability and insurance in the movement of motor vehicles, as amended by the additional provision Eighth of Law 30/1995 of 8 November 1995 on the Management and Supervision of Private Insurance.

2. In addition to the provisions of the previous paragraph, the policy in which the contract of compulsory subscription liability insurance contracted between the taker and the insurer may be concluded may include other hedges which are free of charge. agree between the parties, as well as extend the scope and limits of coverage, in both cases, as established by the Law of Insurance Contract.

3. The non-driving owner of an insured vehicle shall be liable for damage to persons and property caused by the driver when he is connected with the driver by any of the relations governing Articles 1903 of the Civil Code and 120.5 of the Criminal Code. This responsibility will cease when the aforementioned owner proves that he employed all the diligence of a good parent to prevent the damage.

The non-driving owner of a vehicle without the compulsory subscription insurance shall be liable to the driver of the vehicle for the damage to the persons and property of the vehicle, unless it proves that the vehicle is would have been subtracted.

Article 2. Motor vehicles.

1. They have the consideration of motor vehicles, the effects of civil liability arising from the movement of motor vehicles and the obligation to be insured, any vehicle, special or not, suitable for use on the ground surface engine driven, including mopeds, as well as trailers and semi-trailers, whether or not they are engaged, excluding railways, trams and others which are running on their own.

2. Electric motor vehicles which, by design, destination or purpose, have the consideration of toys, in the defined terms and with the requirements laid down in this Regulation, shall not be included in the material scope of this Regulation. Article 1.1 of Royal Decree 880/1990 of 29 June 1990 on the safety standards for toys and concordant and development rules.

Nor shall the wheelchairs be included in the material scope of this Regulation.

3. For the purposes of this Regulation, the concepts set out in the Annex to Royal Legislative Decree 339/1990 of 2 March 1990 on the text of the Law on Traffic, motor vehicle traffic and road safety are to be adopted. in its wording given by Royal Decree 2822/1998 of 23 December 1998 approving the General Regulation of Vehicles.

Article 3. Facts of the circulation.

1. For the purposes of civil liability arising from the movement of motor vehicles and the compulsory subscription insurance provided for in this Regulation, the risk arising from the driving of the vehicle is understood by facts of the circulation motor vehicles referred to in the previous Article, both by garages and car parks, and by public and private road and public land, both urban and inter-urban, as well as by means or land without such an aptitude are of common use.

2. No events of circulation shall be construed as those arising from the conduct of sports tests with motor vehicles on circuits specially intended for the purpose or enabled for such tests, without prejudice to the obligation to subscribe to the special insurance provided for in Article 16 (2).

Neither shall be considered to be facts of the circulation as a result of the performance of industrial or agricultural tasks by motor vehicles specially designed for this purpose, without prejudice to the application of paragraph 1 in the case of movement on the roads or land referred to in that paragraph.

3. Nor shall the use of a motor vehicle as an instrument of the commission of criminal offences against persons and property be taken into account as a matter of fact. In any event, the use of a motor vehicle in any of the forms described in the Penal Code as a criminal offence against the safety of the traffic, including the alleged provision in the article, shall be made of the circulation. 383 of the Criminal Code.

CHAPTER II

From the quantification of the indemnities

Article 4. Quantification of the compensation.

1. Compensation for all damages caused to persons shall be calculated with the criteria and limits laid down in the Annex to the Act on

Civil and safe liability in the movement of motor vehicles. If the amount thus fixed is higher than the maximum amount of the compulsory subscription insurance cover, the maximum amount shall be met, with the compulsory subscription insurance, the maximum amount remaining up to the amount the total amount of the compensation in charge of the voluntary insurance or the person responsible for the claim, as appropriate.

2. The provisional pensions referred to in the third paragraph of Article 6 of the Law on Civil and Safe Liability in the Movement of Motor Vehicles shall be calculated in accordance with the limits laid down in the Annex to that Law.

3. In cases of damage to persons and property, if the negligence of the driver and of the injured person is present, the fair moderation of the liability and the distribution in the amount of the compensation shall be carried out. the respective entity of the concurrent blame.

CHAPTER III

From the insurer's default

Article 5. Judicial entry.

The consignment referred to in the additional provision of the Law on Civil and Safe Liability in the Movement of Motor Vehicles may be carried out by the means recognized in the Law on Civil Procedure.

Article 6. Amount of the consignment.

The amount entered shall be equal, at least, to the amount of the allowances determined in accordance with the Annex to the Act on Civil and Safe Liability in the Movement of Motor Vehicles and, where appropriate, as provided for in the paragraph 2 of its additional provision.

TITLE II

For mandatory subscription insurance

CHAPTER I

The scope and limits of mandatory subscription insurance

Article 7. Territorial scope.

Compulsory subscription insurance guarantees civil liability arising from the circulation of motor vehicles with regular parking in Spain, by means of payment of a single premium, throughout the territory of the space The European Economic and Social Committee, the European Economic and Social Committee,

Article 8. Motor vehicle with standard parking in Spain.

For the purposes of this insurance, it is understood that the motor vehicle has its usual parking in Spain:

a) When you have Spanish tuition.

(b) Where it is a type of vehicle for which there is no registration plate, bear the insurance plate or distinguishing sign similar to the registration number which has been issued in Spain.

(c) When dealing with a type of vehicle for which there is no registration, no insurance plate or distinctive sign, your user has his registered office in Spain.

Article 9. Material scope.

1. The compulsory subscription insurance covers the coverage of the damage to persons and property caused to those injured by facts of the movement, without prejudice to the exclusions set out in the following Article.

2. In damages to persons, the insurer, within the limits of the compulsory underwriting insurance, must repair the damage caused to the persons, except when it proves that it was solely due to the conduct or the negligence of the injured person or a major force alien to the driving or operation of the vehicle. The defects of the vehicle or the failure or failure of any of its parts or mechanisms shall not be considered as force majeure.

3. In the compensation for damage to property, the insurer, within the limits of the compulsory underwriting insurance, must repair the damage caused when the driver of the vehicle is civilly responsible, as established in the Article 1.902 of the Civil Code, Articles 109 et seq. of the Criminal Code and the provisions of the Law on Civil and Safe Liability in the Movement of Motor Vehicles and in this Regulation.

4. However, damage shall be excluded from such coverage where it is caused by driving under the influence of alcoholic beverages or toxic drugs, narcotic drugs or psychotropic substances. This derogation shall not be liable to the injured party without prejudice to the insurer's right of repetition.

Article 10. Exclusions.

The following damages are excluded from the mandatory subscription insurance coverage:

(a) All damages caused by injury or death of the driver of the vehicle causing the accident.

(b) Damage to the insured vehicle, to the goods in the transport, and to the goods from which the holder, insured, owner, driver, as well as the spouse or relatives to the third party are holders. degree of consanguinity or affinity of the former.

(c) Damage to persons and property caused by a stolen vehicle, being understood as such, exclusively, the conduct classified as theft and theft of use in Articles 237 and 244 of the Penal Code, respectively. In these cases, the provisions of Article 30.1.c of this Regulation shall apply.

Article 11. Inoponability by the insurer.

1. The insurer of the compulsory subscription insurance covered by this Regulation shall not be able to oppose to the injured party any other of the exclusions, agreed or not, of the cover, other than those listed in the previous article.

In particular, you will not be able to do so in respect of those contractual clauses that exclude from the coverage the use or driving of the vehicle designated in the policy by those who do not have a driving licence, do not comply with the legal obligations of a technical nature relating to the state of safety of the vehicle, or, outside the case of theft and theft of use, illegally use motor vehicles which are not or are not expressly or tacitly authorised by its owner.

2. It shall also not be able to oppose the injured person or the taker, driver or owner, or the non-use of the friendly declaration of accident.

Article 12. Quantitative limits.

1. The maximum amount of the coverage of the compulsory subscription insurance will amount to the following amounts:

(a) For bodily harm: EUR 350,000 or 58,235,100 pesetas, per victim.

(b) For damage to property: EUR 100,000 or 16,638,600 pesetas, per claim, irrespective of the number of vehicles or goods concerned.

c) For medical, pharmaceutical and hospital care expenses: in the amount necessary up to the healing or consolidation of sequelae, provided that the expenditure is duly justified on the basis of the nature of the assistance borrowed.

d) For burial and funeral expenses in the event of death: according to the uses and customs of the place where the service is provided, in the amount to be justified.

2. In any event, the costs referred to in paragraphs (c) and (d) above shall be compatible with each other and with the other allowances provided for in this Article.

3. Where the claim is caused in a Member State to the multilateral guarantee convention other than Spain, by a vehicle which has its usual parking in Spain, the mandatory coverage limits set by the State shall apply. the member in which the disaster takes place. However, if the claim occurs in a Member State of the European Economic Area, the coverage limits provided for in this Article shall apply, provided that they are higher than those laid down in the State in which the claim occurred. disaster.

Article 13. Spanish Office of Automobile Insurers (OFESAUTO).

1. The Spanish Office of Automobile Insurers (OFESAUTO), which groups all the insurance entities authorized to operate in the civil liability field of motor vehicles and the Insurance Compensation Consortium, will have the consideration of a national insurance office referred to in Council Directive 72/166/EEC of 24 April on the approximation of the laws of the Member States relating to the insurance of civil liability in respect of the motor vehicle traffic, as well as the control of the obligation to secure this responsibility.

2. The processing of claims and the fulfilment of obligations arising out of the liability insurance for compulsory subscription, due to accidents caused in other countries by vehicles with regular parking in Spain or insured in Spain by means of an international insurance certificate called a green card or insurance at the border, will be guaranteed by the Spanish Office of Automobile Insurers (OFESAUTO), acting on behalf of all entities to which refers to Article 17 of this Regulation. It shall also take this guarantee, on behalf of the national office of the State concerned, by reason of the accidents occurring on Spanish territory in which a foreign vehicle is involved, usually stationed in a signatory State of the Multilateral guarantee convention or which, belonging to a non-signatory State of the abovementioned Convention, was secured by a green card issued by another national office or by a border insurance.

3. By way of derogation from the preceding paragraph, OFESAUTO may delegate the representation of the various foreign insurance institutions, at the request of the respective national office, to any of the insurance or other entities ' entities. specialised in the management of claims. Also, at the request of the insurance companies operating in Spain, the same request may be made to the national offices of other States.

The aforementioned insurance entities or Spanish correspondent entities, authorized to represent foreign insurance entities, will respond on the same terms as OFESAUTO. To this end, OFESAUTO shall keep the necessary records of the authorized correspondent, in order to provide the necessary information to those who have a legitimate interest.

In case of non-compliance with the correspondent, conflict of interest or voluntary cessation in the authorized representation, OFESAUTO shall assume the obligations provided for in paragraph 2 of this article.

4. The Minister of Economy will dictate the rules regarding the operation of the Spanish Office of Automobile Insurers (OFESAUTO), as a national insurance office.

CHAPTER II

Of the plurality of damages and causes

Article 14. Concurrency of damages and causative.

1. If the same claim, which is covered by a single liability insurance resulting from the movement of compulsory subscription motor vehicles, is caused by a number of damage caused by material damage, and the sum of the compensation exceeds the Mandatory limit established for the purpose, the right of each injured person against the insurer shall be reduced in proportion to the damage suffered.

2. If, as a result of the same claim covered by this compulsory subscription insurance, in which two or more vehicles are involved, damage to third parties is incurred, each insurer of the vehicle causing the damage shall contribute to the performance of the obligations arising from the event, taking into account, where it can be determined, the entity of the concurrent blame and, in the event of not being able to be determined, in proportion to the power of the respective vehicles, or in accordance with what is agreed on the possible agreements between insurers.

When the two vehicles involved were a tractor head and the trailer or semi-trailer attached to it, or two trailers or semi-trailers, and the entity of the concurrent blame could not be determined, each insurer contribute to the fulfilment of those obligations in accordance with the terms of the possible agreements between insurers or, failing that, in proportion to the amount of the annual risk premium corresponding to each vehicle designated in the policy insurance underwritten.

CHAPTER III

The insurer's replay right

Article 15. Right of repetition.

1. The insurer of the compulsory subscription insurance, after payment of the compensation, may repeat:

(a) Against the driver, the owner of the causative vehicle and the insured person, if the material and personal damage caused is due to the driving under the influence of alcohol or toxic drugs, psychotropic substances.

(b) Against the driver, the owner of the causative vehicle and the insured person, if the material and personal damage caused is due to the intentional conduct of any of them.

c) Against the third party responsible for the damages.

(d) Against the policyholder or insured for causes provided for in the Insurance Contract Act and in the contract itself, without it being considered as such not to be used by the driver or insured of the friendly declaration of accident.

e) In any other assumption that such repetition may also proceed in accordance with the laws.

2. The action of repetition of the insurer prescribes for the duration of a year, counted from the date on which he made the payment to the injured person.

CHAPTER IV

The mandatory subscription insurance contract

Article 16. Mandatory subscription insurance taker.

1. The compulsory subscription insurance must be made by the owner of the vehicle, assuming that the natural or legal person whose name appears on the public register corresponds to this consideration. However, the owner shall be relieved of that obligation when the insurance is made by any person who has an interest in the insurance, who must express the concept in which he contracts.

2. For the risks arising from sports tests involving motor vehicles, which have been concluded on circuits specially intended for the purpose or which are authorised for such tests, a special insurance scheme to cover the civil liability of the drivers involved, at least for the amounts of the compulsory hedges laid down in this Regulation.

3. Vehicles with regular parking in non-European Economic Area States which are not attached to the Multilateral Guarantee Convention, in order to be able to circulate on Spanish territory, must be insured by the international insurance or border insurance certificate, which shall contain at least the conditions and limits referred to in Article 18 of this Regulation.

Article 17. Insurance institutions.

1. Insurance contracts covered by this Regulation must be entered into with insurance companies which have obtained the corresponding authorisation from the Ministry of Economy, or who are domiciled in a country belonging to the European economic activity in Spain under the right of establishment or under the freedom to provide services.

2. The civil liability for compulsory subscription arising from the movement of motor vehicles from which the State, the Autonomous Communities, the local authorities and the public bodies dependent on any of them are incumbent, be covered by the Insurance Compensation Consortium when they request to make such insurance with the aforementioned entity.

3. The Insurance Compensation Consortium shall accept the risk-taking when two applications for compulsory subscription insurance by two insurance institutions have not been accepted or have been rejected, unless the risk is accepted by the insurance company. other insurers at the request of the Insurance Compensation Consortium.

The insurance undertaking that rejects or does not accept the hiring of the compulsory subscription insurance shall issue accreditative certification of such an extreme, at the request of the person concerned.

Article 18. Border insurance.

The credit document for border insurance shall contain at least the following indications:

(a) The indication that the guarantee is granted within the limits and conditions laid down in the Law on Civil and Safe Liability in the Movement of Motor Vehicles and in this Regulation.

(b) The indication that, if the disaster occurs in Spain, the limits provided for in the Spanish legislation and in particular in this Regulation will apply.

(c) The indications provided for in Article 22 (2) of this Regulation.

Article 19. Content of the application and the proposal for the compulsory subscription insurance.

The application for compulsory subscription insurance directed by the insurance policyholder to the insurance undertaking, or the proposal of the compulsory subscription insurance made by the insurer to the policyholder, shall contain at least: the following indications:

(a) Identification of the owner of the vehicle, the usual driver and the holder of the insurance, and must be registered for the purposes of notifications. If the taker is not the owner of the vehicle, the concept in which he contracts shall be indicated.

(b) Vehicle identification, marking, model, characteristics of the vehicle and registration or similar distinguishing sign.

(c) The guarantees requested or offered, which in no case may be lower than those of the compulsory subscription insurance covered by this Regulation.

d) The clear and prominent identification of a proposal or an insurance claim.

(e) The minimum coverage period referred to in the following Article, with an indication of the day and time of the initial calculation.

Article 20. The application and the proposal of the compulsory subscription insurance.

1. The application for the compulsory subscription insurance, from the moment when the insurance undertaking is carried out by the insurance undertaking, or agent of the insurer, produces the effects of the risk cover within a period of 15 days.

It is understood that this measure is taken when the applicant is delivered a copy of the application sealed by the insurer or by agent of the insurer.

The insurer within a maximum of 10 days from the filing of the insurance claim may reject the same, by writing to the taker by any means that ensures the record of its receipt, specifying the causes, and shall be entitled to the collection of the premium corresponding to the coverage of the 15 days provided for in the preceding paragraph.

If the insurer has not rejected the contract within ten days, the contract shall be deemed to have been accepted.

Diligent the application and after the deadline of ten days, the insurer must forward the insurance policy within ten days.

2. The proposal for compulsory subscription insurance made by the insurance undertaking or its agent will bind the insurer for a period of 15 days.

Once the proposal is accepted by the taker, the contract will be understood, and the insurer will always be saved, in case of default of the first premium due to the taker, the right of the insurer to resolve the contract, by means of written to the taker by registered mail with acknowledgement of receipt or by any

other means admitted in law, or require payment of the premium in the terms of Article 15 of the Insurance Contract Act. Accepted the proposal by the taker, the insurer must deliver the insurance policy within ten days.

CHAPTER V

The justification for mandatory subscription insurance

Article 21. Documentation of the mandatory subscription insurance contract.

The insurer must provide the policyholder with a precept of the insurance policy, a document in which, necessarily, it will contain a clear and precise reference to the rules applicable to this type of insurance and the other extremes that determine in the regulation of the insurance and management contract and supervision of private insurance.

Also, and once the premium is charged, the insurer must provide the taker with a proof of payment.

Article 22. Documentation supporting the validity of the insurance.

1. Any motor vehicle shall be provided with the supporting documentation of the validity of the compulsory subscription civil liability insurance.

The breach of this obligation will be sanctioned with 60.10 euros or 10,000 pesetas of fine.

However, in the case of vehicles engaged in non-driver hire, the holder shall be exempt from administrative responsibility, provided that within five days of the notification made to the same person he is justified. which was contracted to the corresponding compulsory subscription liability insurance.

2. For the purposes of the preceding paragraph, proof of the validity of the insurance shall be deemed to be evidence of the payment of the premium for the current insurance period, provided that it contains at least the identification of the insurance undertaking, the registration, insurance plate or distinctive sign of the vehicle, the period of coverage and the indication of the coverage of the compulsory subscription insurance.

However, in the case of vehicles dedicated to the non-conductive hire, proof of the validity of the insurance shall be deemed to be the collated copy of the proof of payment of the premium in the form determined by the Directorate-General for Traffic.

CHAPTER VI

From the identification of the insurance entity and the control of the obligation to insure

Article 23. Information file for insured vehicles.

1. Insurance companies which cover the liability for compulsory subscription, arising from the movement of motor vehicles with regular parking in Spain, must communicate to the Ministry of Economic Affairs by means of their referral to the Insurance Compensation Consortium, the data relating to the vehicles insured by them, with the content, form and time limits set out in this Regulation and in the resolutions to which it relates.

Failure to comply with the foregoing paragraph shall constitute administrative infringement in accordance with the Law on the Management and Supervision of Private Insurance.

2. The data referred to in the first subparagraph of paragraph 1 may be processed in an automated way. For these purposes, and in accordance with the provisions of Article 20 of the Organic Law 15/1999, of December 13, of the Protection of Personal Data, the automated file of personal data called "Information file" is created. of insured vehicles ", of a public nature, with the content described in the following Articles and in the Annex to this Regulation.

3. The information contained in the file shall be presumed to be true for information purposes, unless otherwise specified.

Article 24. First data remission and its update.

1. In the first remission of the data, the insurance entities shall supply, for each vehicle, the following: Matricicle, identification code of the vehicle's mark and model, date of commencement of the validity and end date of the period of insurance in progress, as well as the type of contract, all in accordance with the specifications contained in the resolution of the Directorate-General for Insurance and Pension Funds which for this purpose is given.

2. For the insurance entities, the data will be updated, sending daily information of high and low insured vehicles, which will be identified with their registration and identification code of their brand and model, stating, in the case of the high, the dates of the beginning of the term and the end of the period of insurance in course and type of contract and, in case of the casualties, the date of cessation of the validity of the insurance.

For these purposes, the termination of the contract in accordance with Law 50/1980, of October 8, of Insurance Contract, including termination and resolution, is understood to cease.

3. The data relating to vehicles for which the application for insurance has been completed or the taking of insurance proposals accepted by the taker shall be included in any case, reflecting the dates of effect and termination. of one document or another.

4. In the case of carry-over contracts, or non-payment of the split premiums, the vehicle's discharge may not be communicated, respectively, as long as the right to oppose the extension of the vehicle has not been exercised or has not been extinguished or resolved the contract, in the cases and with the formalities provided for in the Law of Insurance Contract.

5. In the case of transmission of the insured vehicle, only the lower of the vehicle may be communicated after the termination of the insurance contract, in accordance with the provisions of the Law of Insurance Contract.

6. In the case of special vehicles, the data established by the General Directorate for Insurance and Pension Funds shall be sent to the Insurance Compensation Consortium.

Article 25. Procedure for the referral of information.

The referral of the information to the Insurance Compensation Consortium will be done through the procedure that will be contained in the resolution that the General Directorate of Insurance and Pension Funds will dictate to the effect.

Article 26. Referral of information to the Directorate-General for Insurance and Pension Funds.

1. The Insurance Compensation Consortium will forward monthly to the Directorate General of Insurance

and Pension Funds a relationship of the insurance institutions which, being authorized to operate in the relevant class, would not have forwarded the information referred to in the previous articles.

The Insurance Compensation Consortium will also communicate to the General Directorate of Insurance and Pension Funds any significant incidents that may occur in the performance of this obligation.

2. Without prejudice to the provisions of the second subparagraph of Article 23 (1), and in the light of the communications of the Insurance Compensation Consortium, the Directorate-General for Insurance and Pension Funds may issue requirements to the insurance companies or require the carrying out of computer audits, or the application of other corrective measures to ensure the accuracy of the information contained in the file.

Article 27. Purpose and query of the file.

1. The purpose of the file is to provide the information necessary for persons involved in a road accident to be able to ascertain as soon as possible the circumstances relating to the insurance undertaking covering the civil liability for each of the vehicles involved in the accident and for facilitating the control of the obligation to ensure.

For these purposes, they have the consideration of those who are harmed by road accidents, by damage to their person or property, being able to act on their own or through duly accredited representative.

2. The consultation of the information shall be carried out by means of a request addressed by those involved in an accident of movement to the Insurance Compensation Consortium, using the model contained in the decision of the Directorate-General for Insurance and Pension Funds, to which a copy of the national identity card, passport, tax identification code or document proving the identity of the applicant and, where appropriate, a copy of the damage or declaration shall be attached Accident friendly.

Likewise, the applicant may use any means to prove the sending and receipt of the request for consultation, contributing to the national identity card number, passport, tax identification code or another supporting document, as well as the registration or distinguishing sign of both the vehicle allegedly causing the damage and the vehicle for the injured party, and the casualty and insurance policy numbers which are recorded in the claims of the insurance institution, the consultation can be answered by any means which allows the submission and receipt of the reply to be accredited, in accordance with the provisions of the resolution which the Directorate-General for Insurance and Pension Funds will give to the effect.

Article 28. Control of the obligation to ensure.

1. The control of the obligation to ensure will be carried out through the collaboration between the Ministry of Economy, through the Insurance Compensation Consortium, and the Ministry of the Interior, which may be transferred, among themselves, the data contained in the automated files that expressly provide for this transfer.

The data transfer procedure will be regulated by joint resolution of the General Directorate of Insurance and Pension Funds and the General Directorate of Traffic.

The body responsible for the file shall take the necessary technical and organisational measures to ensure the confidentiality, security and integrity of the data and to make the guarantees, obligations and rights effective. recognised in the Organic Law 15/1999 of 13 December on the Protection of Personal Data.

2. In the case of foreign vehicles of non-member countries of the European Economic Area which are not attached to the Multilateral Guarantee Convention, the Spanish customs authorities shall refuse access to the national territory if they do not accredit the subscription of a liability insurance that meets, at least, the conditions and guarantees laid down in the Spanish regulation for this compulsory subscription insurance.

CHAPTER VII

Non-compliance with the obligation to ensure

Article 29. Consequences of non-compliance.

1. In addition to the appropriate penalty in the criminal field to which a vehicle is known to be without insurance, failure to comply with the obligation to ensure the terms provided for in this Regulation shall determine:

(a) The prohibition of circular with the vehicle not insured by the national territory.

(b) The withdrawal and deposit of the vehicle, from its owner, in the premises of the competent authority, if it is not justified before it, within five days of the date on which the complaint was made, the existence of insurance.

(c) The imposition of a financial penalty of 601,01 to 3,005,06 euros or 100,000 to 500,000 pesetas of fine, graduated according to which the vehicle circulates or not, the category of the same, the service it provides, the gravity of the damage caused, where appropriate, the duration of the lack of insurance and the reiteration of the same infringement. The Ministry of the Interior and the competent authorities of the Autonomous Communities to which the execution of sanctioning powers has been transferred shall give the Insurance Compensation Consortium 50 per 100 of the amount of the penalties. collected, in order to compensate in part for the compensation that the Consortium must satisfy to the injured in compliance with the obligations attributed to it by the Law and this Regulation.

2. The procedures for infringement of the obligations imposed on users of motor vehicles in the regulation of compulsory subscription liability insurance shall be instructed by the provincial traffic heads or by the competent authorities of the Member States. by the competent authorities of the Autonomous Communities to which the execution of tasks in this field has been transferred, competent for the place where the action has been taken, the authority being empowered to adopt the measures relating to the withdrawal and the prudential deposit of vehicles which are not safe.

As for the procedure, there will be what is available for violations in the Law on Traffic, Motor Vehicle Circulation and Road Safety.

3. The sanction to be imposed shall be imposed by the Government's Delegates or by the competent authorities of the Autonomous Communities to which functions have been transferred in this field, competent for the place where the offence is reported and may be appealed to the Minister of the Interior or to the hierarchically competent authorities of the Autonomous Communities. For these purposes, the powers of exercise of the power of sanction conferred on the Government's Delegates may be disconcentrated by means of a provision issued by the Minister of the Interior.

TITLE III

From The Insurance Compensation Consortium

Article 30. Functions.

1. In accordance with Article 8 of the Law on Civil and Safe Liability in the Movement of Motor Vehicles, it corresponds to the Insurance Compensation Consortium within the territorial scope and with the same limits. Mandatory subscription assurance quantitative:

(a) Indemnity to those who have suffered damage to their persons, for claims that have occurred in Spain, in those cases where the causative vehicle is unknown.

b) Compensation for damages to persons and property caused by a vehicle with its usual parking lot in Spain when the vehicle is not insured.

(c) Indemnify damages to persons and property produced by a vehicle with habitual parking in Spain which, being insured, has been stolen, being understood as such, exclusively, the conduct typified as theft and theft of use in articles 237 and 244 of the Penal Code, respectively.

d) Indemnify damages to persons and property when in cases included within the scope of the compulsory underwriting insurance or in the preceding paragraphs of this article, controversy arises between the Insurance Compensation Consortium and the insurance institution about who should indemnify the injured party.

Notwithstanding the foregoing, if it is subsequently resolved or agreed that it is appropriate to indemnify the insurer, the insurer will reimburse the Insurance Compensation Consortium for the amount of compensation plus the legal interest, The latter has increased by 25 per 100 since the date on which the compensation was paid.

A dispute shall be deemed to exist when the insurance institution submits to the Consortium a reasoned request in relation to the claim, or the injured party to the Consortium to which it is accompanied by a the insurance company refuses to take over the claim, and the Consortium considers that the payment is not the responsibility of the insurer.

e) Compensation for damages to persons and property when the Spanish insurer of the vehicle with usual parking in Spain has been declared bankrupt, suspended payments or, having been dissolved and In the event of insolvency, it would be subject to an interim settlement procedure or would have been taken over by the Liquidator Commission of Insurance Entities.

2. In the cases referred to in paragraphs (b) and (c), the compensation for damage to persons and property suffered by persons who voluntarily occupy the vehicle causing the damage to persons and to the persons concerned shall be excluded from the indemnity by the Insurance Compensation Consortium. accident, knowing that he himself was not insured or had been stolen, provided that the Consortium proved that they knew such circumstances.

3. In accordance with the provisions of the Legal Statute of the Insurance Compensation Consortium, approved by Article 4 of Law 21/1990 of 19 December 1990, to adapt Spanish law to Directive 88 /357/EEC on the freedom of services in (a) the provision of services for the provision of services to private insurance companies, other than life insurance, and the updating of private insurance legislation, with the amendments made by the additional provision of Law No 30/1995 of 8 November 1995 on the Management and Supervision of Private Insurance will also perform the following functions:

(a) Cover civil liability arising from the movement of motor vehicles from which the State, the Autonomous Communities, local corporations and public bodies dependent on any of the They, when they request to make sure they are insured with the Insurance Compensation Consortium.

(b) To assume, within the limits of the compulsory underwriting insurance, the risks not accepted by the insurance institutions.

c) The defence and promotion of compulsory underwriting of motor vehicles.

4. The Insurance Compensation Consortium, within the scope of the obligations imposed on it by the Law and this Regulation, shall not be able to condition the payment of the compensation to the proof by the injured party that the person responsible cannot pay or refuse to pay.

5. In the cases referred to in paragraphs (a) and (b) of paragraph 1 of this Article, the injured party may in any case go directly to the Insurance Compensation Consortium, where he is obliged to reply in a reasoned manner to his potential. intervention, on the basis of the information provided at his request by the injured party.

6. The injured party will have direct action against the Insurance Compensation Consortium in the cases mentioned in this article.

Article 31. Economic income.

The Insurance Compensation Consortium shall have the following economic income, for the reason of the liability insurance derived from the movement of vehicles to a compulsory subscription engine:

(a) The premiums that you obtain for taking on the risks not accepted by the insurance companies.

(b) The premiums it obtains for covering civil liability in the cases provided for in Article 30 (3) (a) of this Regulation.

c) The surcharge on premiums established for this insurance.

(d) The participation of 50 per 100 in the penalties imposed, in application of the provisions of Article 3 of the Law on Civil and Safe Liability in the Movement of Motor Vehicles and Article 29 of this Regulation.

e) Any other income that corresponds to you in accordance with the current legislation.

Article 32. Right of repetition.

1. The Insurance Compensation Consortium, when acting as a direct insurer, may repeat in the same cases and conditions as set out in Article 15 of this Regulation.

2. It may also be repeated against the owner and the person responsible for the accident in the case of an unsecured vehicle, or against the perpetrators, accomplices or concealers of the theft of the vehicle causing the accident, as well as the person responsible for the accident. that he knew the theft of the same and in any other case where the repetition also proceeds according to the laws.

In these cases, the limitation period laid down in Article 7 of the Law on Civil and Safe Liability in the Movement of Motor Vehicles shall apply. For these purposes, it is understood to be theft of the types of conduct classified as theft and theft of use in articles 237 and 244 of the Penal Code, respectively.

3. In the exercise of the right of repetition by the Consortium it shall be enforceable, for the purposes of Article 517 of the Law of Civil Procedure, the certification issued by the President of the Insurance Compensation Consortium of the the amount of the compensation paid by the Consortium provided that, having been requested for payment, the person responsible has not done so within one month of such a request.

Additional disposition first. Publication of health centre conventions and insurance institutions.

The Directorate-General for Insurance and Pension Funds will publish in the "Official State Gazette" the list of health centres recognised by the Insurance Compensation Consortium and insurance institutions, which, if necessary, (a) agree on agreements with such health centres for the assistance of injured persons in traffic.

Additional provision second. Certification of a sinister record.

Insurance companies must issue in favour of the owner of the vehicle and of the insured person, if he is a person other than that, at the request of any of them, and within 15 years. working days, certification of the claims for the claims as a factor of the assessment of the risk taken by the insurance institutions arising from the movement of motor vehicles, corresponding to the last two periods of insurance, if any.

Additional provision third. Exemption from compensation for personal injury.

For the purposes of Article 7.d) of Law 40/1998 of 9 December of the Tax on the Income of Physical Persons and other tax rules, the compensation paid in accordance with the provisions of the Article 1 (2) of the Law on Civil and Safe Liability in the Movement of Motor Vehicles, and in agreement with this Regulation, shall be considered as compensation in the amount legally recognized, for the purposes of its (a) as a result of the application of the tax exemption, as a result of the civil liability of your insured person.

ANNEX

Insured Vehicle Information File (FIVA)

1. Purpose and intended uses of the file:

a) Provision of information to those involved in a road accident.

b) Control of the insurance obligation.

2. Data source persons or collectives:

insurance contract takers.

3. Provenance and collection procedure:

collection by means of a first data referral by the insurance entities, and subsequent daily update of the data.

4. Basic structure of the file: insurance institution, date of submission of the data, registration, identification code of the mark and model of the vehicle, date of start of the contract, date of end of the period of coverage, date of cessation of the term and type of contract.

5. Ceding the data:

a) A involved in road accidents.

b) To the Ministry of Interior.

c) To the Prosecutor's Office, to the Judges and Courts.

6. Responsible body: Insurance Compensation Consortium.

7. Service or unit to which the affected person may exercise his/her rights: Insurance Compensation Consortium. Calle Serrano, number 69. 28006 Madrid.