What does the law actually say?
Since the 1st January 2019, the File of Insured Vehicles allows the police to check during a monitoring operation whether a vehicle is properly insured.
This file was introduced 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 Inter-ministerial Road Safety Observatory), the aim is therefore to combat insurance fraud and stem road deaths.
This decree brings into force article R 451 of the Insurance Code, which stipulates that it is the responsibility of “insurance companies and intermediaries having received a management delegation for this purpose”,
i.e. companies whose business is to distribute and/or make recommendations on insurance contracts;
and not to companies whose “activity is exclusively in the management, evaluation and settlement of claims”. (cf. art L 511-1 of Insurance Code). This new obligation to communicate to AGIRA the above-mentioned data therefore falls to the insurance brokers.
Decree no. 2018-644 of July 20, 2018 relating to the system to combat
the lack of motor third-party liability insurance specifies that the file must be sent to AGIRA (Association for Information Management on Insurance Risk), containing the elements relating to the contracts entered into by the policyholders, i.e. vehicle registration, name of insurer, the contract number and its period of validity.
What is the purpose of this law?
This law aims to centralise the contact details and insurance information of each driver.
In the event of an accident, for example, AGIRA will be able to transmit data from a person injured (or not), in France or in the territory of a Member State, to the competent authorities and to the insurance organisations involved.
AGIRA is also able to link the insurance of the person concerned with the guarantee fund responsible for covering the costs.
Furthermore, in connecting to the AGIRA file, the LAPIs (automatic number plate readers) used by the police will eventually be able to detect an insured vehicles by simply passing in front of any licence plate.
Your obligations as a fleet manager
This recent decree stipulates that the file update should be carried out by the insurance companies within 72 hours of a fleet movement.
This requires knowing in real time and communicating quickly to their insurer each entry and exit from the fleet, including every purchase, sale of vehicle and change of registration number, so that the update of the file of insured vehicles, the FVA, is effective.
Whereas previously a monthly fleet report sent to the insurer was sufficient; today this law involves providing them with accurate data for each fleet movement. As this activity is becoming more time-consuming, investing in a computerised connector allowing the automated transmission of fleet data between the fleet manager and the insurer may be appropriate.
Which vehicles are involved ?
Any vehicle with a licence plate must be reported following a two-step application process:
- From January 1, 2019 for cars, two-wheelers, lorries, trailers over 750 kg and garage, fleet and concessions contracts;
- From January 1, 2021 for trailers under 750 kg and agricultural vehicles.
What does a driver risk in the event of a vehicle inspection?
Two risks related to the lack of insurance:
- Financial risks: in the event of an accident caused by an uninsured driver, victims are compensated by the FGAO (Fonds de Garantie des Assurances Obligatoires de Dommages – damage insurance guarantee fund), if the person responsible for accident is not insured, they will not be compensated.
- Legal risks: Driving without insurance is an offence punishable by a fine of € 3,750, with a 3-year license suspension or confiscation of the vehicle. In the event of a recurrence, the fine is up to €7,500.
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