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LAW OF THE REPUBLIC OF MOLDOVA

of April 21, 2022 No. 106

About compulsory third party car insurance for the damage caused by vehicles

The parliament adopts this organic law.

This law shifts:

- partially the Directive 2009/103/EU of the European Parliament and Council of September 16, 2009 about car responsibility insurance, connected with use of vehicles, and about obligation fulfillment on insurance of such responsibility, published in the Official magazine of the European Union by L 263 of October 7, 2009;

- part (2) Article 21 and part (3) Article 181 of the Directive 2009/138/EU of the European Parliament and Council of November 25, 2009 about the organization and implementation of the activities of the insurance and reinsurance organizations (Solvency II) published in the Official magazine of the European Union by L 335 of December 17, 2009 with the last changes made by the Directive (EU) 2018/843 European Parliament and Council of May 30, 2018 changing the Directive (EU) 2015/849 about prevention of use of financial system for the purpose of money laundering or financing of terrorism and making changes to Directives 2009/138/EC and 2013/36/ES, published in the Official magazine of the European Union by L 156/43 of June 19, 2018.

Chapter I General provisions

Part 1 Subject and field of application of the law

Article 1. Subject of regulation and field of application

(This law regulates 1):

a) the legal relations between insurers, the insured and third parties following from the agreement of compulsory third party car insurance for the damage caused by transport incidents and also procedure of this type of insurance;

b) method of the organization and functioning of National bureau of insurers of vehicles.

(2) Field of application of this law belongs to compulsory third party car insurance, namely to obligation to sign agreements and to establish exceptions of this obligation, to territorial limits of covering and limits of responsibility on insurance, to the rights and obligations of the insurers insured and who were injured persons to covering of risks and exceptions, to the procedure of establishment and payment of insurance indemnities and checks of insurance, to the encouragement and penalties applied to insurers and insured and also to the organizations responsible for provision or submission of information necessary for establishment of damage.

(3) According to this law also provisions of General regulations of Council of bureau of the international system of insurance "Green card" or other corresponding regulations are applied to external compulsory third party car insurance.

(4) Provisions of this law are not applied to the vehicles which are not subject to state registration and to the vehicles used by Armed forces of the Republic of Moldova.

(5) In sense of this law the damage, insurance indemnities which were injured faces the agreement of compulsory third party car insurance, the registration certificate mean damage, bodily harm, death and moral damage, respectively, insurance indemnities and compensations, injured persons (victims), the agreement of internal and external compulsory third party car insurance if other is not provided.

Article 2. Insurance subject

(1) the Subject of compulsory third party car insurance is the civil responsibility of the owner and/or user of the vehicle for any damage caused as a result of transport incident in territorial limits of covering and within responsibility of this insurance.

(2) the Territory on which the vehicle usually is based belongs to:

a) the territories of the state in which the vehicle has registration number board irrespective of, it is permanent or temporary; or:

b) the territories of the state in which the insurance contract of motor vehicle liability is issued or the identification sign is made, - in case the vehicle has no registration number board, but on it there is insurance contract of motor vehicle liability or other identification sign similar to registration number board; or

c) there is no territory of the state in which the owner of the vehicle constantly lives - in case the vehicle has no registration number board, on it the insurance contract of motor vehicle liability or other identification sign similar to registration number board; or

d) the territories of the state in which there was transport incident - in case the vehicle has no registration number board or the sign which does not correspond has or does not correspond to the vehicle any more and participated in transport incident, for the purpose of settlement by national bureau or compensation body of the statement for damages.

Article 3. Basic concepts

For the purposes of this law the following concepts are used:

transport incident - unexpected event with participation of at least one vehicle the entailed damnification;

compulsory third party car insurance for the damage caused by vehicles (further - compulsory insurance of AGO), - the insurance contract certified by the policy of compulsory insurance of AGO (internal insurance) and/or the insurance certificate "Green card" (external insurance) according to which the insurer having license for activities on compulsory insurance of AGO for paid insured insurance premium shall indemnify the loss caused by transport incident which took place during insurance validity;

the insurer AGO (insurance company) - the insurer having license for activities on compulsory insurance of AGO;

insured - the owner and/or the user of the vehicle which civil tort liability is accepted by the insurer AGO based on the agreement of compulsory insurance of AGO;

supervision body - National Bank of Moldova;

national bureau of insurers of vehicles (further - national bureau) - the professional organization created according to the Recommendation No. 5 of January 25, 1949 accepted by Subcommittee on road transport of Committee on the land transport of the United Nations Economic Commission for Europe, connecting insurers from the certain state, licensed to perform activities for compulsory third party car insurance of AGO;

National bureau of insurers of vehicles (further - NBSAS) - national bureau of the Republic of Moldova, the professional, independent and autonomous community of all insurance companies which obtained according to the law the license for the implementation in the Republic of Moldova activities for compulsory insurance of AGO which is carrying out powers of national bureau in the International system of insurance "Green card", powers of body for payment of insurance indemnities, and also other powers established for it by this law;

bonus-malus - system on which insured one of the bonus classes bonus (that leads to reduction of insurance premium) or one of the classes malus (that leads to increase in insurance premium) is appropriated, depending on insurance history insured during the accounting period;

the insurance certificate "Green card" - the international insurance document issued on behalf of national bureau according to any of the samples approved by Council of bureau of the international system of insurance "Green card", AGO confirming availability of external compulsory insurance;

Council of bureau of the international system of insurance "Green card" (further - Council of bureau) - the international association of national bureaus of state members of the international system of insurance "Green card" organized according to the legislation of Belgium which is responsible for management and coordination of the relations between national bureaus on car responsibility insurance of AGO functioning on the principles of lack of profit;

peaceful ascertaining of transport incident - the simplified and voluntary procedure of documentation of the transport incident which entailed only minor material damage in case of which the transport drivers involved in incident fill and sign the form "Peaceful Ascertaining of Transport Incident" established by supervision body;

minor material damage - the damage caused by means of damage or destruction of property as a result of transport incident which amount does not exceed the maximum size of insurance indemnity established by regulations of supervision bodies in case of application of the procedure of peaceful ascertaining of transport incident;

the partial damage - damage of the vehicle to such amount in case of which recovery or replacement of the damaged component parts and details are possible and the extent of really suffered damage does not exceed 75 percent of cost of the vehicle for date of making of incident;

the complete damage - elimination of the vehicle or its damage to such amount in case of which recovery or replacement of the damaged component parts and details constitutes or exceeds 75 percent of cost of the vehicle for date of making of incident;

direct settlement - the additional service in settlement of the damage caused by transport incidents, rendered by the insurers AGO own insured which is offered by the insurers AGO and which acquisition is optional to insured;

case on damage - the case including all documents necessary for establishment of damage and permission of the statement for compensation;

territorial limits of covering of compulsory insurance of AGO:

a) the territory of the Republic of Moldova - on internal insurance; or

b) the territories of the State Parties of the International system of insurance "Green card" - on external insurance;

the injured (injured) person - any person who has the right to insurance indemnity for the damage caused as a result of approach of the risk covered by the agreement of compulsory insurance of AGO or who according to this law has the right to impose requirements about damages in NBSAS;

the policy of compulsory insurance of AGO - the document valid within the territory of the Republic of Moldova confirming the conclusion of the agreement of internal compulsory insurance of AGO and certifying availability of such insurance;

damage - the negative effect suffered by the injured person as a result of approach of the risk covered by the agreement of compulsory insurance of AGO;

basic insurance premium - the insurance premium calculated by actuarial methods on the basis of statistical information of the insurer AGO, consisting of settlement risk award and factor of loading;

approximate award - the indicative insurance premium calculated by supervision body on the basis of statistical data at the market level of internal and external compulsory insurance of AGO;

General regulations of Council of bureau - the official document accepted by Council of bureau in Retimno (island of Crete) on May 30, 2002 which contains all mandatory provisions governing the relations between national bureaus of insurers from state members of the International system of insurance "Green card";

repair division - the legal entity whose core activity is the maintenance and repair of vehicles registered and having permission to this type of activity in the Republic of Moldova according to the legislation;

the user - the physical person or legal entity owning or using the vehicle which owner grants it right to use it for certain term on the basis of the agreement of property hiring, the agreement of leasing or other legal acts which are drawn up according to the legislation and also other person managing the vehicle from consent or without the consent of the owner. When training at rates of drivers by the user of the vehicle person training to driving is considered;

residual cost - the cost of the parts of the vehicle which remained unimpaired which can be dismantled and used in case of complete damage;

the vehicle - self-propelled or non-self-propelled mechanical system, except for moving on rail tracks, intended for public conveyance or loads or equipped with the mechanisms capable to perform certain work, including the trail car of any type linked or not linked for which in the Republic of Moldova there is legal obligation on registration.

Article 4. Obligation of insurance of AGO

(1) Persons using the vehicles registered in the Republic of Moldova shall sign contracts of compulsory insurance of AGO for any cases of the civil tort liability for the damage caused by transport incidents. The agreement of compulsory insurance of AGO without fail shall cover both material damage, and bodily harms, death and moral damage.

(2) the Agreement of external compulsory insurance of AGO covers any damage caused by transport incident in territorial limits of covering of this agreement, according to the legislation of the state where there was transport incident.

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