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LAW OF THE REPUBLIC OF MOLDOVA

of February 25, 1998 No. 553-XIII

About obligatory civil liability insurance of carriers before passengers

(In edition of the Law of the Republic of Moldova of 22.11.2007 No. 251-XVI, 08.11.2018 of No. 238)

The parliament adopts this law.

Chapter I General provisions

Article 1. The relations regulated by this law

(1) This law governs the relations in insurance field of the civil responsibility between insurance companies (insurers), carriers of passengers means of air, road, rail and river transport (insurers) and passengers.

(2) Object of insurance is the civil responsibility of carriers for the damage caused to life, health and property of passengers.

(3) Operation of this law does not extend to insurance field of the civil responsibility of owners of vehicles for the damage caused to the third parties and their property as a result of the road accidents.

Article 2. Insurer
Article 3. Insurer

Insurer is the legal entity irrespective of type of property and form of business or the physical person which is performing based on the license obtained in accordance with the established procedure organized public conveyances on air, road, rail and river transport and signed the agreement of obligatory civil liability insurance before passengers.

Article 4. Field of application of obligatory civil liability insurance of carriers before passengers

(1) Obligatory civil liability insurance of carriers is applied in case of organized public conveyances by air, road, railway and river transport.

(2) Obligatory civil liability insurance of carriers before passengers does not extend to the carriers performing public conveyance:

a) intracity automobile (including taxi) and electric transport;

b) suburban automobile, ferry, and also river transport on walking and excursion lines.

Article 5. Insured event

The insured event is event with which approach the legislation and the insurance contract connect payment of insurance indemnity.

Chapter II Insurance relations

Article 6. Insurance contract

(1) Carriers shall sign annually with insurers agreements of obligatory civil liability insurance of carriers before passengers.

(2) the Insurance contract is signed before receipt of the license for the right of implementation of transportations.

(3) Separate features of insurance on air transport, and also in the international road transport shall be reflected in the insurance contract and shall correspond to provisions of international agreements, one of the parties of which is the Republic of Moldova.

(4) the Insurance contract covers the civil responsibility of carriers before passengers who conform to requirements of part (2) Article 11.

Article 7. Premium (insurance premium)

(1) the Premium (insurance premium) is determined at the rate to 1 percent of the sum of annual amount of public conveyance.

(2) the Procedure and terms of introduction of premiums (insurance premiums) are established by the insurance contract.

Chapter III Limits of responsibility and payment of insurance indemnity

Article 8. Insurer liability limits

(1) in case of causing bodily harms or the death of the passenger as a result of transport accident the insurance indemnity is paid in the amount of the valid damage supported by competent authorities and the documents on the expenses incurred by the victim or his representatives and the equivalent 10 000 US dollars (on dennastupleniye of insured event are limited to the amount), irrespective of vehicle type.

(2) for the damage caused by bodily harms or the death of the victim join In insurance indemnity:

a) the lost earnings for the period temporary disability, but no more amount, equivalent to 20 US dollars for each day of disability;

b) expenses on treatment, acquisition of necessary drugs, prosthetics and the foreign leaving confirmed with the conclusion of medical institution and also transportation expenses of the victim and, in case of need, one attendant;

c) in case of disability in addition to the payments provided by Items

a) and b), - the lost earnings for the entire period of establishment of disability calculated by the technique applied in social welfare institutions;

d) expenses on burial on quotations of bodies of municipal services (funeral accessories, services of cemeteries and transport), except for the expenses connected with local ceremonies and traditions;

e) part of earnings which in case of the death of the victim the disabled persons which were consisting in its dependence or having the right to content from it lost.

(2-1) in case of bodily harms or the death of the victim the insurer pays insurance indemnity according to part (1) with the right of presentation of the recourse action to the insurer of the civil responsibility for the damage caused by the vehicle with which person responsible for making of motor transportation incident signed the insurance contract according to provisions of the Law on obligatory civil liability insurance for the damage caused by vehicles.

(3) in case of damage or elimination of property as a result of transport accident the actual value of the damaged or destroyed property (baggage), on condition of its declaring, in the amount equivalent to 20 US dollars for 1 kilogram of weight of baggage, but no more amount, equivalent 1000 US dollars is compensated.

(4) the insurance indemnity joins also the costs incurred by the insurer for investigation of insured event and legal protection of interests of the insurer (passenger).

Article 9. Responsibility of the insurer

(1) in case of accident of the vehicle belonging to the carrier which does not have the current agreement of insurance, or the vehicle to which the insurance contract does not extend damages, caused to life, health or property of passengers it is performed by carrier according to the legislation.

(2) at the expense of means of carrier the damages also in case of establishment of the facts are performed:

a) public conveyances over the regulations established in passport data on the vehicle;

b) public conveyances without the travel documents or other documents confirming the journey right;

c) uses technically defective vehicles.

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