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FEMA
On 22nd October 2003, the first vote within European Parliament (EP) took place on the proposal for a fifth directive on Motor Vehicle Insurance.
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Nov 10, 2003, 13:58
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EU Proposal for a Fifth Motor Insurance Directive
"No Fault Liability" provision removed
On 22nd October 2003, the first vote within European Parliament (EP) took place on the proposal for a fifth directive on Motor Vehicle Insurance. The EP followed its Legal Affairs Committee's opinion, to remove the "No Fault Liability" provision originally contained in the
Commission's original proposal. FEMA welcomes this development and continues its campaign to keep this provision out of the new legislation.
This result of the vote in the EP is in line with the position of FEMA, who is arguing against the "No fault liability" clause contained in the original proposal. This measure would automatically make motorist financially liable for an accident involving a pedestrian or cyclist. The European Parliament publicly stated that: "… the House deletes the Commission's proposal to require motor insurance to cover personal injuries suffered by pedestrians and cyclists in an accident involving a road vehicle. MEPs believe this sensitive matter should be dealt with by separate legislation". The EP thinks that this is a matter of national legislation, and not part of the European Union's competencies.
The original proposal, published by the European Commission (EC) last year, aims at amending the existing directives on motor insurance which are twenty years old, in order to have regulations in line with the needs of today's reality with a growing mobility within the European Union.
Apart from the controversial provision, the proposed changes are to the advantage of the consumer, making it easier to get a vehicle insured in another EU Member States, to contract short term insurance for vehicles bought abroad, or temporary insurance in another EU country. The proposal also seeks to speed up the procedure for compensation claims from victims of accidents.
The Commission's argument in favour of the 'no fault liability' provision failed, at least at this first stage through the Parliament. The logic behind the measure was that, while pedestrians and cyclists may be the cause of some accidents, motor vehicles cause most accidents. The fairness of this principle is very questionable, let alone the inevitable increase of motorcycle insurance premiums that would result from it.
The proposal continues its way through legislative process. FEMA is pursuing its campaign to keep the 'no fault liability' provision out of the final text of this new legislation, and promote the best solution in favour of motorcyclists as consumers.
--
Christina Gesios
FEMA - Federation of European Motorcyclists' Associations
Rue des Champs 62,
1040 Brussels,
Belgium
Tel: +32 (0)2 736 9047
Fax: +32 (0)2 736 9401
www.fema.ridersrights.org
FEMA National Member Organisations
MAG Austria - www.mag-austria.at
MAG Belgium - www.mag.be
CMF Czech Republic - cmf@cmf.cz
DMC Denmark - www.dmc-org.dk
MCTC Denmark - www.mctouringclub.dk
MP69 Finland - www.mp69.org
SMOTO Finland - www.smoto.fi
FFMC France - www.ffmc.asso.fr
Biker Union Germany - www.bikerunion.de
BVDM Germany - www.bvdm.de
Kuhle Wampe Germany - www.kuhle-wampe.de
MOT.O.E Greece - www.motoe.gr
MAG Ireland - www.magireland.org
Coordinamento Motociclisti Italy - www.cmfem.it
LMI Luxembourg - www.lmi.lu
NMCU Norway - www.nmcu.org
MAG Netherlands - www.mag-nl.org
FNM Portugal - www.fnm.pt
SMC Sweden - www.motorcyklisterna.org
IG Motorrad Switzerland - www.ig-motorrad.ch
BMF United Kingdom - www.bmf.co.uk
MAG United Kingdom - www.mag-uk.org
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