What does the law actually say?
Since January 1 , 2019, the Insured Vehicles File has allowed law enforcement officers to verify whether a vehicle is properly insured during a traffic stop. This file was established due to a significant number of fatal accidents involving uninsured vehicles. With over 700,000 people driving without insurance (according to estimates from the French National Interministerial Road Safety Observatory), the goal is to combat insurance fraud and reduce road fatalities.
This decree puts into force article R 451 of the insurance code stipulating that it is the responsibility of " insurance companies and intermediaries having received a management delegation for this purpose ", in this case companies whose activity is to distribute and/or make recommendations on insurance contracts;
and not to companies whose "activity [consists] exclusively of the management, assessment, and settlement of claims " (see Article L 511-1 of the Insurance Code). This new obligation to provide AGIRA with the aforementioned data therefore falls to insurance brokers.
Decree No. 2018-644 of July 20, 2018 relating to the system for combating the lack of motor vehicle liability insurance specifies that the file must be transmitted to AGIRA (Association for the Management of Information on Insurance Risk), containing the elements relating to the contracts taken out by the insured, that is to say the vehicle registration, the name of the insurer, the contract number and its period of validity.
What is the objective of this law?
This law aims to centralize the contact details and insurance information of each driver.
In the event of an accident, for example, AGIRA will be able to transmit the data of an injured person (or anyone else), whether in France or in another Member State, to the relevant authorities and insurance companies involved. AGIRA can also connect the injured person's insurance company with the guarantee fund responsible for covering the costs.
Furthermore, by connecting to the AGIRA database, ANPR (Automatic Number Plate Recognition) systems will eventually be able to detect uninsured vehicles simply by law enforcement officers passing in front of any license plate.
Your obligations as a park manager
This recent decree stipulates that the file must be updated within 72 hours of a fleet movement by insurance companies.
This requires knowing in real time and quickly communicating to your insurer each entry and exit of the fleet, including any purchase, sale of vehicle and change of registration number, so that the FVA update is effective.
Whereas previously a monthly fleet report sent to the insurer was sufficient, today this law requires providing them with precise data for each fleet movement. As this activity becomes more time-consuming, investing in a computer connector enabling the automated transmission of fleet data between the fleet manager and the insurer may prove worthwhile.
Which vehicles are affected?
All vehicles with a license plate must be registered with the FVA; this will be done in two stages:
- From January 1, 2019 for cars, two-wheelers, trucks, trailers over 750 kg and garage, fleet and dealership contracts;
- From January 1, 2021 for trailers under 750 kg and agricultural vehicles.
What are the risks for a driver if their vehicle is stopped for a check?
Two risks associated with a lack of insurance:
- Financial risks: in the event of an accident caused by an uninsured driver, the victims are compensated by the FGAO (Guarantee Fund for Compulsory Insurance), if the person responsible for the accident is not insured, they will not be compensated.
- Legal risks: Driving without insurance is an offense punishable by a fine of €3,750 , along with a 3-year driving ban or vehicle confiscation. In case of repeat offense, the fine can be increased to €7,500.
