14 Amendments of Daniel DALTON related to 2018/0168(COD)
Amendment 54 #
Proposal for a directive
Recital 3 a (new)
Recital 3 a (new)
Amendment 58 #
Proposal for a directive
Recital 3 b (new)
Recital 3 b (new)
(3b) It is further appropriate to exclude from the scope of Directive 2009/103/EC all vehicles intended exclusively for use in non-traffic situations. These vehicles are generally used in controlled environments and are subject to other forms of liability insurance, such as employers’ or public liability insurance, which ensures that injured parties received adequate compensation. However, it should continue to be possible for individual Member States to decide whether compulsory motor insurance is the appropriate form of cover for these vehicles and under what conditions.
Amendment 60 #
Proposal for a directive
Recital 3 c (new)
Recital 3 c (new)
(3c) Use of vehicles in traffic includes the use of a vehicle on a road or other public place. Traffic implies a certain degree of volume and regularity. The isolated use of a vehicle for other purposes in areas without public access should not be seen as the use of a vehicle in traffic and should not lead to an obligation to hold compulsory insurance. Where a vehicle is used in non-traffic- related situations, Member States should be able to limit the scope of compulsory insurance. This is particularly relevant in situations where the principal function of the vehicle, at the time of the accident, was related to secondary functions of that vehicle. Nothing in this Directive prevents Member States from maintaining or introducing new provisions that extend the scope of compulsory motor insurance to these situations.
Amendment 61 #
Proposal for a directive
Recital 3 d (new)
Recital 3 d (new)
(3d) To 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 and are immobilised by the disconnection of the battery or other essential component, the scope of Directive 2009/103/EC should be explicitly limited to vehicles which are capable of use.
Amendment 68 #
Proposal for a directive
Recital 8
Recital 8
(8) Previous claims histories of policyholders who seek to conclude new insurance contracts with insurance undertakings should be easily authenticated in order to facilitate the recognition of such claims history when concluding a new insurance policy. In order to simplify the verification and authentication of claims history statements, it is important that the content and format of the statement of such claims histories are the same across all Member States. In addition, insurance undertakings that take into account claims history statements to determine motor insurance premiums should not discriminate on the basis of nationality or solely on the basis of the previous Member State of residence of the policyholder. To enable Member States to verify how insurance undertakings treat claims history statements, insurance undertakings should publish their policies in respect of their use of claims history when calculating premiums.
Amendment 75 #
Proposal for a directive
Recital 13 a (new)
Recital 13 a (new)
(13a) To promote a consistent approach for victims of incidents where a motor vehicle is used as a weapon to commit a violent crime or terrorist act, Member States should ensure their respective national motor guarantee body regulated by Article 10 of Directive 2009/103/EC handles any and all claims arising from such an act.
Amendment 82 #
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 transportbe used in traffic, that is consistent with the normal function of thate vehicle, irrespective of the vehicle's characteristics and irrespective of the terrain on which the motor vehicle is used and of whether it is stationary or in motion.;
Amendment 84 #
Proposal for a directive
Article 1 – paragraph 1 – point 1 b (new)
Article 1 – paragraph 1 – point 1 b (new)
Directive 2009/103/EC
Article 3 – paragraph 1
Article 3 – paragraph 1
(1b) In Article 3, the first paragraph is amended as follows: Each Member State shall, subject to Article 5, take all appropriate measures to ensure that civil liability in respect of the use of vehiclesvehicles which are capable of use normally based in its territory isare covered by insurance.
Amendment 93 #
Proposal for a directive
Article 1 – paragraph 1 – point 3 a (new)
Article 1 – paragraph 1 – point 3 a (new)
Directive 2009/103/EC
Article 10 – paragraph 1 – subparagraph 1
Article 10 – paragraph 1 – subparagraph 1
(3a) In Article 10, the first subparagraph of paragraph 1 is amended as follows: 1. Each Member State shall set up or authorise a body with the task of providing compensation, at least up to the limits of the insurance obligation for damage to property or personal injuries caused by an unidentified vehicle or a vehicle for which the insurance obligation provided for in Article 3 has not been satisfied, including with respect to incidents where a motor vehicle is used as a weapon to commit a violent crime or terrorist act.
Amendment 95 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2009/103/EC
Article 10 a – paragraph 1 – introductory part
Article 10 a – paragraph 1 – introductory part
1. Each Member States shall set up or authorise a body to compensate injured parties habitually residing within their territory, at least up to the limits of the insurance obligation referred to in Article 9(1) for personal injuries or material damage, caused by a vehicle insured by an insurance undertaking in any of the following situations:
Amendment 96 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2009/103/EC
Article 10 a – paragraph 1 – point c
Article 10 a – paragraph 1 – point c
(c) the insurance undertaking or its claims representative has not provided a reasoned reply to the points made in a claim for compensation within three monthsa reasonable period of time after the date on which the injured party presented his or her claim to that insurance undertaking.
Amendment 102 #
Proposal for a directive
Article 1 – paragraph 1 – point 4
Article 1 – paragraph 1 – point 4
Directive 2009/103/EC
Article 10 a – paragraph 6
Article 10 a – paragraph 6
6. Member States shall not allow the body referred to in paragraph 1 to make the payment of compensation subject to any reduction or requirements other than those laid down in this Directive and in particular not the requirement that the injured party should establish that the party liable or the insurance undertaking is unable or refuses to pay.
Amendment 122 #
Proposal for a directive
Article 1 – paragraph 1 – point 5
Article 1 – paragraph 1 – point 5
Directive 2009/103/EC
Article 16 – paragraph 5 a (new)
Article 16 – paragraph 5 a (new)
The Commission shall consult with all relevant stakeholders before adopting those implementing acts and seek to reach a mutual agreement between stakeholders as to the content and the form of the claims history statement.
Amendment 133 #
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 seven years after the date of transposition of this Directive, an evaluation of this Directive shall be carried out. That evaluation shall, in particular, assess the suitability of this Directive in light of technological developments related to autonomous and semi- autonomous vehicles. The Commission shall communicate the conclusions of the evaluation accompanied by its observations to the European Parliament, the Council and the European Economic and Social Committee.