What does the law really say?
January 1 , 2019, the Insured Vehicle File allows law enforcement during an inspection operation to check whether a vehicle is properly insured. This file was put in place due to a significant number of fatal accidents involving an uninsured vehicle. With more than 700,000 people driving without insurance (estimate from the National Interministerial Road Safety Observatory), the objective is therefore to fight against insurance fraud and stem road mortality.
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, evaluation and settlement of claims ”. (see art L 511-1 of the insurance code). This new obligation to communicate the previously cited data to AGIRA therefore falls to insurance brokers.
Decree No. 2018-644 of July 20, 2018 relating to the system for combating the lack of automobile civil liability insurance specifies that the file must be transmitted to AGIRA (Association for the Management of Insurance Risk Information) , containing the elements relating to the contracts taken out by the insured, that is to say the registration of the vehicle, 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 not), in France or on the territory of a Member State, to the competent authorities and the insurance organizations involved. . AGIRA also has the possibility of linking the insurance of the person concerned with the guarantee fund responsible for covering the costs.
In addition, by connecting to the AGIRA file, LAPIs (Automatic License Plate Readers) will eventually be able to detect uninsured vehicles by simply passing the police in front of any license plate. 'registration.
Your obligations as a fleet manager
This recent decree stipulates that the file must be updated within 72 hours following a fleet movement by insurance companies.
This requires knowing in real time and quickly communicating to your insurer each entry and exit from the fleet, in particular any purchase, sale of vehicle and modification of the registration number, so that the FVA update is effective.
Whereas previously a monthly inventory report sent to the insurer was sufficient; today this law involves providing them with precise data for each fleet movement. As this activity becomes more time-consuming, investing in an IT connector allowing the automated transmission of fleet data between the fleet manager and the insurer may prove relevant.
Which vehicles are affected?
Any vehicle with a registration plate must be communicated to the FVA; with a two-step application:
- 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 weighing less than 750 kg and agricultural vehicles.
What does a driver risk in the event of a vehicle inspection?
2 risks linked to lack of insurance:
- Financial risks: in the event of a loss caused by an uninsured driver, the victims are compensated by the FGAO (Compulsory Damage Insurance Guarantee Fund), if the person responsible for the loss is not insured, he will not be compensated.
- Legal risks: Driving without insurance is an offense punishable by a fine of €3,750 , accompanied by a 3-year license suspension or confiscation of the vehicle. In the event of a repeat offense, the fine is punishable by €7,500.
