Activities of Jiří POSPÍŠIL related to 2018/0168(COD)
Plenary speeches (1)
Insurance of motor vehicles (debate)
Shadow reports (1)
REPORT on the proposal for a directive of the European Parliament and of the Council amending Directive 2009/103/EC of the European Parliament and the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to ensure against such liability
Amendments (17)
Amendment 57 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
(3a) Member States should avoid a situation where insurance is required for vehicles which are registered but incapable of being moved because they are in a museum, because they are undergoing restoration or because they are not being used for a lengthy period of time for another reason and are immobilised by the disconnection of the battery or other essential component.
Amendment 71 #
Proposal for a directive
Recital 9 a (new)
Recital 9 a (new)
(9a) In a view to bring full effect to the use of claims history statements when calculating premiums, Member States should encourage the participation of insurance undertakings in transparent price comparison tools.
Amendment 79 #
Proposal for a directive
Article 1 – paragraph 1 – point 1
Article 1 – paragraph 1 – point 1
Directive 2009/103/EC
Article 1 – point 1 a
Article 1 – point 1 a
1a. ‘'use of a vehicle’' means any use of such vehicle, intended normally to serve as a means of transport, that is consistent with the normal function of that vehicle, irrespective of the vehicle's characteristics and traffic that is, at the time of the accident, used as a means of transport, irrespective of the terrain on which the motor vehicle is used and of whether it is stationary or in motion.;
Amendment 89 #
Proposal for a directive
Article 1 – paragraph 1 – point 2
Article 1 – paragraph 1 – point 2
1a. For the purposes of carrying out checks on insurance, as referred to in paragraph 1, a Member State shall grant other Member States access to the following national vehicle registration data, with the power to conduct automated searches thereon: (a) data on whether a vehicle is covered by a compulsory insurance; (b) data relating to owners or holders of the vehicle which is relevant to their insurance against civil liability subject to Article 3. Access to those data shall be granted through the Member States’ national contact points, as designated pursuant to Article 4(2) of Directive (EU) 2015/413*. __________________ * Directive (EU) 2015/413 of the European Parliament and of the Council of 11 March 2015 facilitating cross- border exchange of information on road- safety-related traffic offences (OJ L 68, 13.3.2015, p. 9)
Amendment 101 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2009/103/EC
Article 10 a – paragraph 4
Article 10 a – paragraph 4
4. Where the injured party is resident in another Member State than the Member State in which the insurance undertaking referred to in paragraph 1 is establishvehicle causing the accident is insured, the body referred to in paragraph 1 and which has compensated that injured party in his or her Member State of residence, shall be entitled to claim reimbursement of the sum paid by way of compensation from the body referred to in paragraph 1 in the Member State in which the insurance undertaking which issued the policy of the liable party is establishwhere the vehicle causing the accident is insured.
Amendment 105 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2009/103/EC
Article 10 a – paragraph 7 b (new)
Article 10 a – paragraph 7 b (new)
7b. Injured parties referred to in Article 20(1) may, in the situations referred to in paragraph 1, apply for compensation from the compensation body referred to in Article 24 in their Member State of residence.
Amendment 106 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2009/103/EC
Article 10 a – paragraph 7 c (new)
Article 10 a – paragraph 7 c (new)
7c. The compensation body which has compensated the injured party in his or her Member State of residence shall be entitled to claim reimbursement of the sum paid by way of compensation from the compensation body in the Member State where the vehicle causing the accident is insured.
Amendment 111 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2009/103/EC
Article 16 – paragraph 4
Article 16 – paragraph 4
Without prejudice to the pricing policies of insurance undertakings, Member States shall ensure that insurance undertakings publish their policies in respect of their use of claims history statements when calculating premiums.
Amendment 114 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2009/103/EC
Article 16 – paragraph 5 – point b
Article 16 – paragraph 5 – point b
(b) the identity, the date of birth, and the number and date of issue of the driving licence of the policyholder;
Amendment 115 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2009/103/EC
Article 16 – paragraph 5 – point c
Article 16 – paragraph 5 – point c
(c) the vehicle insured and its registration index number;
Amendment 116 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2009/103/EC
Article 16 – paragraph 5 – point d
Article 16 – paragraph 5 – point d
(d) the period of coverdate of inception and date of expiration of the insurance of the vehicle insured:
Amendment 117 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2009/103/EC
Article 16 – paragraph 5 – point e
Article 16 – paragraph 5 – point e
(e) the number and valuethe nature, as regards damage to property and/or personal injury, of the declared third party liability claims during the period covered by the claims history statement.
Amendment 118 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2009/103/EC
Article 16 – paragraph 5 – point e a (new)
Article 16 – paragraph 5 – point e a (new)
(ea) the number of years driven without accidents;
Amendment 119 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2009/103/EC
Article 16 – paragraph 5 – point e b (new)
Article 16 – paragraph 5 – point e b (new)
(eb) the latest reference to any risk classification by the insurer;
Amendment 120 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2009/103/EC
Article 16 – paragraph 5 – point e c (new)
Article 16 – paragraph 5 – point e c (new)
(ec) the contact address of the policyholder;
Amendment 121 #
Proposal for a directive
Article 1 – paragraph 1 – point 5 – point b
Article 1 – paragraph 1 – point 5 – point b
Directive 2009/103/EC
Article 16 – paragraph 5 – point e d (new)
Article 16 – paragraph 5 – point e d (new)
(ed) the date of issue of the insurance undertakings’ policy that is used in respect of their use of claims history statements when calculating premiums.
Amendment 131 #
Proposal for a directive
Article 1 – paragraph 1 – point 6
Article 1 – paragraph 1 – point 6
Directive 2009/103/EC
Article 28 c
Article 28 c
No later than sefiven years after the date of transposition of this Directive, an evaluation and full review of this Directive shall be carried out. This evaluation shall, in particular, assess the suitability of this Directive in the light of technological developments related to autonomous, semi-autonomous and high speed small vehicles falling under categories of vehicles as referred to in Article 2, paragraph 2, point h), i), j), k) of Regulation (EU) No 168/2013, and whether the liability system it provides is likely to satisfy future needs. The Commission shall communicate the conclusions of the evaluation accompanied by its observations and, where appropriate, by a legislative proposal to the European Parliament, the Council and the European Economic and Social Committee.