Monday, June 4, 2018

European Commission publishes proposal for amendment of the Motor Insurance Directive (MDI)!

As global advocate for motorcycling and an active proponent of road safety, the FIM takes note of the proposal, published on 24 May, and expresses its support for the aim of strengthening EU rules on motor insurance with the ambition of providing better protection for accident victims and improving the rights of policy holders.
As part of the process for revision of the MDI the Commission launched a public consultation in 2017. After consultation of the European FMNs, the FIM expressed its support for a scenario, put forward by the Commission at the time as one of several options, to require insurance at European level for vehicles being used in traffic only and to leave the way accidents arising in other situations are addressed to Member States in keeping with the subsidiarity principle. This scenario is not reflected in the proposal, which bases the scope of the MDI on the use of vehicles per se rather than the situations in which they are used. The FIM also alerted the Commission to the potential detrimental consequences of an unintended economic impact on insurance premiums for all road users.

FIM Position Paper on Vnuk Consultation - October 2017-1 

In the FIM’s view, if the proposed clarification of the scope of the MDI is interpreted to include use of vehicles in some or all forms of motor sport, this would have serious implications for the practice of motor sports activities in Europe in the future as it could lead to motor sport events being dependent on the willing of the insurance companies to provide the requisite cover at an affordable cost. The FIM therefore urges the parties involved in the legislative process to take steps to evaluate the real impact of mandatory third-party liability insurance on all motor vehicles being used in such a way that they fall within the proposed definition.

The FIM looks forward to fruitful exchanges during the upcoming phases of legislative process with a view to finding an outcome that will strengthen the EU rules on motor insurance in order to provide better protection for accident victims while preserving the future of motorcycling and other motor sports.
Commenting on the proposal, FIM Europe President Dr. Wolfgang Srb stated: “We recognise the efforts of the European Commission to reflect the decisions of the European Court of Justice upon several cases, including the Vnuk one. However, the unintended consequences of these judgment must be resolved by the EU institutions to avoid having an adverse wider impact. FIM Europe will continue to attend to each stage in the process and do everything to assist in obtaining a resolution”.