Period: 21 Legislative Year: 1 Warning: You Are Viewing The Law, Parliamentary General Assembly Accepted. If It Does Not Contain Any Changes That Are Made Later. Motor Vehicle Insurance Coverage, Mandatory Financial Liability Related To The Euro Pulled

Original Language Title: Dönem : 21 Yasama Yılı : 1 Uyarı: Görüntülemekte olduğunuz Kanun, TBMM Genel Kurulunda kabul edildiği halidir. Varsa daha sonra yapılan değişiklikleri içermemektedir. MOTORLU TAŞITLAR ZORUNLU MALÎ SORUMLULUK SİGORTASINA İLİŞKİN AVRU

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Law No. 4477:4.11.1999 Article 1.-20 April 1959 opened to the signature of member countries and signed on behalf of our Government, on June 26, 1974 in "European Convention For Compulsory Financial Responsibility Insurance of motor vehicles", the 2 and 3 article 2 of the Convention paragraph featured rights specified in the Convention and in the annex area II No. 1, 6, 8 and 12 with the approval of Act No. reservations are placed. Article 2.-this law enters into force on the date of promulgation. Article 3.-the provisions of this law, the Council of Ministers. EUROPEAN CONVENTION RELATING to COMPULSORY FINANCIAL RESPONSIBILITY INSURANCE of MOTOR VEHICLES Council of Europe the Council of Europe member meeting of Governments, but the economic, social, cultural, scientific, legal and administrative areas and adopt a common attitude agreements through the Member States, especially the economic and social development to facilitate a closer unity between members of considering that perform; The injured in traffic accidents in their own country are the establishment of a mandatory insurance of rights system should be secured by way of thinking; The laws of the Member States in this regard is difficult to completely yeknesaklaştırılması but each Member State interested in damaged from an accident in his home country to provide benefit-enhancing provisions provided that the right to freedom of bring keeping the basic principles of the European Council are regarded as mandatory in Member States, taking into account the will be enough to make an example; Finally, with the establishment of the guarantee fund of the international insurance offices and operate to support or equivalent measures the necessity of thinking; consensus about the following provisions: ARTICLE 1 1. Âkit neither party may, in respect of the effective date of this agreement itself, at the latest within six months, their territories of any motor transport damage on property rights, the provisions of this agreement supplement (addition: 1) through the establishment of a mandatory insurance system appropriate to guarantee the retrieval. 2. However, each Âkit Party, in favour of the damaged persons benefit-enhancing provisions reserves the right to accept. 3. Âkit neither party may, compulsory insurance of motor vehicles and their legislation establishing a system of compliant official documents relating to the Council of Europe regulation measures the Secretary-General will convey. Secretary General of the Council of Europe and other Âkit these documents to Parties interested in other Member States. Article 2 Each Âkit side: 1. By itself considered benign exempting some from compulsory insurance motor vehicles; 2. National or foreign public authorities or intergovernmental organization belongs to exempting from compulsory insurance motor vehicles; 3. determining the amount of Insurance could be made smaller; at any time without prior notice. In this last case, the implementation of additional provisions thus kısıtlanabilecektir the designated amounts. ARTICLE 3 1. The signing of this agreement or any Âkit side of the instrument of ratification or accession have been deposited of the this agreement during World War II. located in the Annex number reservations using one or more of the Declaration. 2. in accordance with the above paragraph, Each Âkit is put a notification to the Secretary General of the Council of Europe the kind provided for via to take back, in whole or in part. From the date on which the notification is received. Secretary General, the Council of Europe with other Parties should other members of Âkit. ARTICLE 4 1. Âkit one of the Parties, this Agreement shall be in accordance with the second and third items had used options or reservations will be valid on its territory alone, other Âkit the territory of the parties that will not block the implementation of compulsory insurance laws of the country. 2. each Âkit Party, the second and third items of this agreement are specified in national legislation relating to options and reservations on the contents of the Secretary General of the Council of Europe. Each Âkit Party, such legislation was subsequently the Secretary General will notify each change made. Secretary General Âkit Parties and all this other information to other members of the European Council. Article 5 A motor transport with obligatory insurance damages caused by social security legislation is also interested, the injured person's rights and these two system will be decided within the framework of local laws and regulations. ARTICLE 6 1. Additional local laws, each Âkit-party provisions in the second paragraph of the fourth item is outside the specified normal ability to keep insurance if, on its territory speed, strength or dexterity racing or contests is committed to keep the Organization of administrative subject to authorisation. This permission is, however, a special additional provisions regulate the insurance competition with compatible individuals and organizations, the application of which guarantee financial responsibilities specified in the third item if it receives is valid. 2. However, the last paragraph in the specified race or competition vehicles out of the losses can be kept this insurance compensation. ARTICLE 7 1. Generally, any non-registered motor vehicles in the territory of the State Âkit, in this country are exempt from the additional provisions to be applied will be the second item. However, to do so, such motor vehicles issued by the State Government and another Âkit the federal Government or a State or federal Government to one of the members of the State that created it should have a document showing that. This is the last, will be given by the federal government documents. 2. This document, in accordance with the law of the country the route taken in restitution is obliged by law, jurisdiction will be able to sue against authorities or public body. The members of the vehicle in question is a Member State or federal, will undertake the payment of compensation. Article 8 Âkit Parties, international insurance documents and the second paragraph of the second item in the additional provisions envisioned will compensate the damages will promote the establishment and functioning of the Office. ARTICLE 9 1. Each Âkit side, insurance mandate could not be determined or additional provisions of retention or responsible for the third paragraph in the first sentence of the first paragraph of the projected financial responsibility about the damage that occurred in the exemption due to the injured persons to compensation to be granted a guarantee fund is committed to setting up or equivalent arrangements. Recognition of the right to compensation terms and scope on Âkit about the Party. 2. each Âkit has been estimated in the previous paragraph, the other party compatriots as citizens of the State in the country, another Âkit with have the same extent enunciation. ARTICLE 10 1. Âkit Parties, local laws, motor transport insurance to determine who is responsible for maintenance of and undertake to take all appropriate measures in this regard. Âkit parties shall, when necessary and complied with the obligations arising from the additional provisions in order to ensure that these measures are criminal and administrative sanctions can connect. 2. Âkit the parties agree that, in order to ensure the implementation of the additional provision, insurers and, when necessary, guarantee fund and approving, approval for an end to the Office or back issues with these organizations control to provide the necessary local legislation stipulations. ARTICLE 11 1. Each Âkit side, when necessary, additional terms referred to in article statement will be the ninth of the authority or person. 2. may be the property of the insured Parties Every Âkit vehicle insurance contract to determine the effects of the change. Article 12, no Urgency, no Âkit Party, in terms of this agreement, which comes into effect from the date on which two-year feshedemeyecek. Termination, you will receive a written notification to the Secretary General of the Council of Europe. Secretary General of the Council of Europe will notify the other parties to the termination notification from Âkit. Termination, General Sekreterce, the Convention shall enter into force three months after the receipt of the notification. ARTICLE 13 1. Âkit a party, on your own terms and conditions of this agreement after the entry into force of this agreement in annex II is not specified or is specified is not implemented or required to use a back sees the reservation of the kind provided for the breadth and content of the proposal clearly offers a designated General Secretary in the form of text. In accordance with this paragraph the Secretary gener made him forwards it to other Âkit notifications. 2. Other Âkit Parties, the Secretary-General to transmit the text of reservations to them from within a period of six months, they declare in writing that they accept this kind provided for, the kind provided for suggesting Âkit-party legislation on can change in the desired direction. The Secretary-General, in accordance with this paragraph are communicated to the parties information on their Âkit. Article 14 this agreement does not apply to the territory of Âkit Parties overseas. ARTICLE 15 1. This agreement is open to signature of the members of the Council of Europe. The contract is subject to approval. Shall be deposited with the Secretary General of the Council of Europe the approval documents. 2. This agreement shall be deposited in the fourth after 90 days from the date of the ratification, the Convention shall enter into force. 3. Contract Signer States subsequently approve the contract a in terms of the ratification, the Convention shall enter into force 90 days after the date of the deposited. 4. The Secretary General, the names of the States signatories of the agreement entered into force, the names of the parties and Âkit, confirming the contract subsequently deposited the instrument of ratification or accession document communicated to all Council members. Article 16 this agreement after the entry into force of the Council of Europe Committee of Ministers, the Council may invite non-Member States to join the Convention. If such a call to each State, accession to the Council of Europe participating in the contract General deposited. Secretary General, all parties to the document of joining deposited to other members of the European Council, and Âkit notification. Agreement, each participating State, deposited after 90 days from the date of accession, the Convention shall enter into force. It means full acceptance of the above provisions of the undersigned authorized, sign this agreement. The Council of Europe, which will be stored in the archives of this agreement, French and English, and both the text as in the current one to copy, has been issued in Strasbourg on 20 April 1959. Secretary General, each of the States signatories to this agreement will be deposited with the fidelity of the instances. On behalf of the Government of the Republic of Austria on behalf of the Government of the Kingdom of Belgium: Leopold FIGL: p. WIGNY on behalf of the Government of the Kingdom of Denmark: Strasbourg, 24 June 1969 on behalf of the Government of the French Republic Mogens WARBERG: French Government Appendix II of the Convention. section registered users 1, 3, 4, 5, 7, 11, 12, 14, 15 and 16 of Act No. benefited from reservations. M. COUVE de MURVİLLE, on behalf of the Federal Republic of Germany: Von MERKATZ, on behalf of the Government of the Kingdom of Greece: CAMBALOURIS Iceland on behalf of the Government of the Republic of Ireland on behalf of the Government of the Italian Republic: on behalf of the Government: Luxembourg: Grand Duchy of PELLA: on behalf of the Kingdom of the Netherlands on behalf of the Government of the Kingdom of the SCHAUS on behalf of the Government of Norway: Hans ENGEN: Kingdom of Sweden on behalf of the Government of the Republic of Turkey on behalf of the Government: Leif BELFRAGE: Strasbourg, 26 June 1974 Rahmi GUMRUKCUOGLU United Kingdom of Great Britain and Northern Ireland on behalf of the Appendix I CONVENTION article 1 of the ADDITIONAL PROVISIONS in this agreement: the term "motor vehicle": except for the rolling-stock, to progress on the ground and to mobilizing a mechanical force will be determined by the Government with the tools that are connected and non-connected backup cars. But in this last case, depending on a motor vehicle of the backup car for the transport of people and goods have been manufactured and are dedicated to required; The term "Insured": in accordance with the provisions of This law responsibilities guaranteed people's understandable; The term "damaged people": motor transport have caused damages those who understood the compensation; The term "Insurer": in accordance with the Second paragraph of article was recognized by the Government insurance company and according to the second paragraph of the same item usually on national territory of vehicles registered outside the country why they are obliged to Office with compensation of damages. ARTICLE 2 1. Ferdi responsibility, in accordance with the terms of this agreement unless guarantee, motor vehicles, public roads, public spaces and have specific individuals is private land cannot be used in the transition. Insurance contract with the insurer, the Government authority must be a akdedil. 2. However, it is often out of the country, the Government authorized a registered vehicles, the Bureau, this transport damage caused by damage from the obligation to compensate local people who saw the Act reimburses upon, can be used on the territory of the country. ARTICLE 3 1. Insurance, insurance has been the owner of the vehicle, the financial responsibility and driver possessor "means to insure. However, by theft or threats, or without the permission of the owner or possessor "means the tool into the hands of reviewers Fairfax does not receive insurance guarantee responsibility. However, the agent uses the zilyedin as a result of a fault, the owner or agent if he could get his hands on the use of the vehicle is a person or officer, insurance is to insure that the driver financial responsibility. 2. Insurance, insurance of goods carried by these vehicles have been related to transport and damage to persons and goods on the national territory, except to cover the losses. ARTICLE 4 1. Take advantage of the below mentioned contacts insurance dırılmaya: a vehicle's driver that causes Damage, insurance) contract and financial responsibilities policy 2.1.2 person by all parties under the guarantee, the wives of the specified in the paragraph above person b), c) are members of the family of these people, living under the same roof or damage to their facilities located within the vehicle that causes or via contacts, 2 car, race or allowed to regulate speed as a result, strength or dexterity competitions to participate in outside of normal insurance losses occurring. Article 5 of the contract, the insured person to a certain extent even although these custody proceedings tend to participate in insurance compensation, the person insured under the contract have been damaged by joining the share is obliged either to be met. ARTICLE 6 1. Damaged person has the right to claim directly against the insurer. 2. If you have more than one person that is damaged and must be paid the amount of the insurance compensation exceeds the amount guaranteed by the damaged to the insurer of the person within the framework of this sum has been run against the demands of a deductible. If, however, the insurer, without much aware of other claims, rights to the damaged parties, in good faith, specifically a higher amount of falling ödemişse, the other damaged individuals but remains part of the insurance guarantee amount would be obliged to pay. ARTICLE 7 1. They're insured, they informed the insurer of all accidents must be reported. The policy holder to the insurer all kinds of information and documents specified in the insurance contract. The policy the insured persons other than the owner, the insurer will request all necessary information and documentation is responsible. 2. The insurer, opened proceedings by the damaged person sigortalıyı side. ARTICLE 8 1. The insurer of the person damaged directly against any cause of action relating to the demands as, two years after that incident hurt from time out. 2. A written request, the insurer in writing that last until negotiations, stops the timeout. It then transpired that the claims will not stop the timeout. ARTICLE 9 1. The insurer, in accordance with the legal provisions of the contract and, where you have rights against made by drawing up, in order to been damaged reject or part payments to the person gennnny. 2. The insurer, a contract to expire, stop, or the butlanını is damaged, the person stopped however, butlanın, from the notification to wrap them or stopping an end 16-day period after the accidents to happen to gennnny. In case of the presence of any other insurance that follows the first fuse, this provision applies only to the insurer last. 3. However, the damage, another insurance by actual compensation provisions of the previous paragraph,. 4. the first and second paragraph of this article within the scope of provisions of insurer, policy holder or policy holder's right to recourse against made by drawing up outside of the prejudice, under any circumstances. Article 10 this agreement expressly permits, unless it is stipulated, contacts, private contracts, damaged persons provisions in favor of this agreement 'edilmiş give up provisions. Addition: II CONTRACT each of the following parties-RESERVATIONS Âkit TRANSFORMER arrangement can: 1. to be sufficient on their own to show financial guarantee insurer of public law or private law legal persons owned motor vehicles are exempt from compulsory insurance. 2. to be determined by him instead of collateral insurance for some people, can you put the procedures nor excessive fines imposed. However, in this case, the guarantee of earnings, damaged people, equivalent to a guarantee deposit is required to provide insurance. 3. An insured by deliberately given losses can keep out of the compulsory insurance. 4. additional provisions in the second sentence of the third paragraph under the first paragraph of the projected images are exempt from compulsory insurance. 5. Damaged persons will be compensated at least body losses the presence of guarantees, on condition that the owner or zilyedin without the permission or their use of a vehicle in violation of the instructions of insurance coverage can be excluded. 6. compulsory insurance are exempt from Spiritual harm. 7. The insured person or constructive special legal personality conferred a non-institution or commercial company, the insured person's legal representatives and their fourth additional provision of the first paragraph of paragraph (c) of this section in the prescribed circumstances, delegate family members insurance can take advantage. 8. the unlawful ways legitimate possessor "means a vehicle from the hands, or a used to handle the inequities he knows or should know that people who agree to travel with the vehicle motor vehicle insurance underlining might not be taking advantage of. 9. in the case of transport, damage Free or volunteer in the vehicle causing damage to people who are exempt from compulsory insurance. 10. Non-Public area, but some people go in public areas is included in the shipping and public road race or held, except for the speed strength or dexterity to exempt from compulsory insurance can keep participating vehicles. 11. relations between their citizens Alone, additional terms related to material injury in low amounts, the fifth item of exceptions. 12. in relation to the damage occurring on its territory, additional provisions are to be implemented in the sixth article of the basic principles, if necessary by providing information about the discretion of the courts. 13. According to other principles regulating the distribution of Total is an Ordinance by preparing the sixth additional provision of the second paragraph of article can bring some exceptions. 14. Additional terms the provisions of the second paragraph of the eighth item of some exceptions. 15. Additional terms stipulated in article nine of the cases, the person's body is damaged, and large enough to accommodate the financial losses have redemption is found, with the exceptions to the provisions of the aforementioned article. Will be given to the person damaged in case of damage, insurance claims, his body had to be applied to the measures available, material damage is in another school to be appointed. 16. Usually in relation to motor vehicles registered outside his own country, the second paragraph of article nine additional provisions exceptions. SIGNATURE Signatory Governments, motor vehicles Mandatory Financial PROTOCOL of Liability insurance coverage, just sign the European Agreement For additional terms of this agreement, the first under the first paragraph of the section "motor vehicle" is used on the vehicles of the term except for the railways, to move on the ground and connected to an electric conductor, even if they all working tools and a mechanical force, an auxiliary engine cover the binit. On behalf of the Government of the Republic of Austria on behalf of the Government of the Kingdom of Belgium: Leopold FIGL: p. WIGNY on behalf of the Government of the Kingdom of Denmark: Strasbourg, 24 June 1969 on behalf of the Government of the French Republic Mogens WARBERG COUVE de MURVİLLE Federal Republic of Germany: m. Von MERKATZ, on behalf of the Government of the Kingdom of Greece on behalf of:: CAMBALOURIS on behalf of the Government of the Government of the Republic of Iceland on behalf of the Government of the Republic of Ireland on behalf of: Italian: on behalf of the Grand Duchy of Luxembourg PELLA: e. SCHAUS on behalf of the Government of Kingdom of Netherlands : The Kingdom of Norway on behalf of the Government of the Kingdom of Sweden on behalf of the Government: Hans ENGEN: Leif BELFRAGE on behalf of the Government of the Republic of Turkey: United Kingdom of Great Britain and Northern Ireland on behalf of: