Vehicles that are not subject to registration or registration under national law (electric scooters, electric bicycles and other vehicles) are also subject to the obligation to insure, according to the Project Inception Notice.

Marcel Cholaka in the Government Photo: Inquam Photos / George Călin

One of the most important reasons justifying the legislative proposal is the issue of compensation coverage for victims of traffic accidents, persons who have suffered as a result of traffic accidents, when the vehicles that caused these accidents cannot be registered, but are used in traffic or on private territories , which are open to public traffic, the cited document also states.

Other arguments of the Government and changes envisaged by the draft law

  • Some vehicles are driven solely by an electric motor, others by auxiliary equipment, and such vehicles should be taken into account when defining the term “vehicle” for which RCA insurance is mandatory in the European Union and Romania. This definition shall be based on the general characteristics of such vehicles, in particular the maximum design speed and unladen weight, and shall include only those vehicles propelled by engines that generate mechanical power. The definition should apply regardless of the number of wheels on a vehicle and whether the vehicles are subject to registration/registration or not.
  • RCA insurance control method. It is allowed to use electronic RCA insurance monitoring devices in traffic without stopping vehicles, subject to compliance with GDPR legislation;
  • Introduction of a standardized format at the European level regarding the attestation of the policyholder’s loss history covered by RCA;
  • Regulating the possibility of suspending the RCA contract by application during the suspension of vehicle registration with the introduction of certain obligations for policyholders for this period Current RCA legislation obliges vehicle owners to insure RCA and maintain the validity of this insurance for the entire period of vehicle registration/registration. However, thanks to new amendments introduced by Directive 2021/2118/CE, European law allows Member States to derogate from the insurance obligation for vehicles that are temporarily or permanently withdrawn from circulation and the use of which is prohibited, provided that an administrative procedure or other verified measure in accordance with national law and provided that the damages caused by them are covered at the same level as guaranteed by the conclusion of the RCA contract

Motor liability insurance is regulated at the European level by means of Directive 2009/103/EC of the European Parliament and the Council of September 16, 2009 on motor liability insurance and control of obligations to insure this liability.

This directive was amended by Directive 2021/2118/EU of the European Parliament and of the Council of November 24, 2021 amending Directive 2009/103/EU on the insurance of civil liability of the owners of vehicles and the control of obligations to insure this liability, Member States of the European Union are obliged to transpose the provisions of this regulatory act into national legislation by December 23, 2023.

Legislation in the field of civil liability of vehicle owners needs to be revised in accordance with the new provisions of European legislation, which are mandatory and have priority in relation to the opposite provisions of national legislation.