Today a letter was sent to the Speaker of the National Assembly Tsetska Tsacheva by the representatives of all motorcycle clubs in Bulgaria, signed by members of MC Brothers From Hell - Sofia, Easy Riders MC, Jokers MC, Montana MS, Vagabonds MC - Plovdiv, The Riders MC - Yambol and the motorcycle organization Sofia Riders.
In the letter, motorcyclists unite against the changes in the new Insurance Code, which came into force on January 1, 2016. We present you the entire letter in its original form:
To the Speaker of the National Assembly
Mrs. Tsetska Tsacheva
From NATIONAL CONTACT GROUP
At Motorcycle Clubs in the Republic of Bulgaria
SUBJECT: Insurance Code
DEAR MRS. TSACHEVA,
With the Insurance Code (IC), Prom. DV. issue 102 of December 29, 2015, which entered into force on 01.01.2016, changes in the regime of registration of vehicles in the Traffic Police have been adopted.
Art. 574 IC regulates the activity of Exchange of information and interaction of the Information Center at the Guarantee Fund with the competent state authorities and specifically with the competent state authorities that register motor vehicles in the Republic of Bulgaria.
This necessitated the addition of Art. 143 of the Road Traffic Act (RTA) with the new para. 10. Both norms (Art. 574 IC in conjunction with Art. 143, para. 10 LSPA) provide for official termination of the registration of a motor vehicle, which does not have a valid civil liability insurance (CA). The binding of the obligation to pay civil liability with the sanction consequence in case of non-fulfillment - “The registration of road vehicles for which a notification has been received from the Guarantee Fund under Art. 574, para. 11 of the Insurance Code, and the owner of the road vehicle shall be notified ”(Art. 143, para. 10 of the Traffic Act) goes beyond the objective limits of the circle of public relations regulated by the Insurance Code. Thus Art. 574 IC contradicts Art. 2 IC, which reads: Art. 2. (1) The objectives of this code are: 1. ensuring protection of the interests of the users of insurance services, and 2. creation of conditions for the development of a stable, transparent and efficient insurance market. (2) For the purposes of this Code "user of insurance services" shall be the insurer, the insured, the third beneficiary, the third injured person, the other persons for whom rights under an insurance contract have arisen, as well as the natural or legal person who shows interest to use the services provided by an insurer or by an insurance intermediary in connection with his subject of activity, regardless of whether he is a consumer within the meaning of the Consumer Protection Act. Thus Art. 574 IC provides much greater protection for the insurer, at the expense of the insured. This rule affects the interests of large groups of people, such as motorcyclists. This is a norm that defends the private interest at the expense of society as a whole. This is because all insurance companies in Bulgaria are private and currently there is no state-owned company that offers a civil liability insurance service.
Art. 574 IC also contradicts the Constitution of the Republic of Bulgaria, as what the norm refers to is in violation of Art. 6 of the Constitution, which reads:
Art. 6. (1) All human beings are born free and equal in dignity and rights. (2) All citizens are equal before the law. No restrictions on rights or privileges based on race, nationality, ethnicity, gender, origin, religion, education, beliefs, political affiliation, personal and social status or property status are permitted.
The norm of art. 574 IC restricts the rights and privileges of all citizens who own seasonal vehicles, thus creating more severe conditions than normal for their possession and possession. Moreover, the 14-day period in which the owner of the vehicle must provide evidence of a concluded civil liability (PGI) begins to run from the sending of the notification, and not from its delivery. In view of the above, we propose to discuss the following
Repeal of para 10 of art. 143 of the Law on Public Procurement (through the Insurance Code), regarding the official termination of the registration of road vehicles, without a valid PIA. In the alternative:
Revision of the amended through the Insurance Code para 10 of art. 143 of the Traffic Act, regarding the official termination of the registration of road vehicles, without a valid PGI and the introduction of an appropriate grace period of 6/12 months, after the expiration of which the registration should be terminated ex officio;
Amendment of sentence two of para 10 of art. 143 of the Traffic Act in the following sense: “Officially terminated registration of a road vehicle shall be officially restored immediately upon receipt of data for concluding a valid PGI within the day following the day the PGI enters in force / becomes valid by the order of art. 574, para. 6 KZ. The registration body under Art. 574, para. 1, item 1 of the Insurance Code has official access to the information file of the Guarantee Fund ”. Amendment to ORDINANCE № I-45 of 24.03.2000 for registration, reporting, commissioning and stopping of motor vehicles and trailers towed by them, and the procedure for providing data on registered road vehicles (Title. amended and supplemented, SG No. 105/2002, amended, SG No. 67/2012) for prescribing the policies for remote access to the information file of the Fund and the procedure for automatic official restoration of registration.
2. Amendment of the newly adopted code, with the inclusion of the possibility for concluding a fixed PGI for seasonal vehicles, as for the respective period of the year the PGI is obligatory, and for the rest of the year it is optional. Failure to conclude one for the period for which it is not obligatory not to lead to a sanction, except in cases where the vehicle is driven without a CI. Please be informed about the consideration of the proposals by the respective standing parliamentary committees and admitted to the meetings, in order to present, if necessary, other arguments for the need for immediate changes in the IC.