+Article 1 Definitions

Article 1 Definitions

Article 1

Definitions

For the purposes of this Directive:

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1. 

‘vehicle’ means:

(a) 

any motor vehicle propelled exclusively by mechanical power on land but not running on rails with:

(i) 

a maximum design speed of more than 25 km/h; or

(ii) 

a maximum net weight of more than 25 kg and a maximum design speed of more than 14 km/h;

(b) 

any trailer to be used with a vehicle referred to in point (a), whether coupled or uncoupled.

Without prejudice to points (a) and (b), wheelchair vehicles exclusively intended for use by persons with physical disabilities are not considered to be vehicles referred to in this Directive;

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1a. 

‘use of a vehicle’ means any use of a vehicle that is consistent with the vehicle’s function as a means of transport at the time of the accident, irrespective of the vehicle’s characteristics and irrespective of the terrain on which the motor vehicle is used and of whether it is stationary or in motion;

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2. 

‘injured party’ and ‘party injured’ means any person entitled to compensation in respect of any loss or injury caused by vehicles;

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3. 

‘national insurers’ bureau’ means a professional organisation which is constituted in accordance with Recommendation No 5 adopted on 25 January 1949 by the Road Transport Sub-committee of the Inland Transport Committee of the United Nations Economic Commission for Europe and which groups together insurance undertakings which, in a State, are authorised to conduct the business of motor vehicle insurance against civil liability;

4. 

‘territory in which the vehicle is normally based’ means:

(a) 

the territory of the State of which the vehicle bears a registration plate, irrespective of whether the plate is permanent or temporary; or

(b) 

in cases where no registration is required for a type of vehicle but the vehicle bears an insurance plate, or a distinguishing sign analogous to the registration plate, the territory of the State in which the insurance plate or the sign is issued; or

(c) 

in cases where neither a registration plate nor an insurance plate nor a distinguishing sign is required for certain types of vehicle, the territory of the State in which the person who has custody of the vehicle is permanently resident; or

(d) 

in cases where the vehicle does not bear any registration plate or bears a registration plate which does not correspond or no longer corresponds to the vehicle and has been involved in an accident, the territory of the State in which the accident took place, for the purpose of settling the claim as provided for in the first indent of Article 2(a) or in Article 10;

5. 

‘green card’ means an international certificate of insurance issued on behalf of a national bureau in accordance with Recommendation No 5 adopted on 25 January 1949 by the Road Transport Sub-committee of the Inland Transport Committee of the United Nations Economic Commission for Europe;

6. 

‘insurance undertaking’ means an undertaking which has received its official authorisation in accordance with Article 6 or Article 23(2) of Directive 73/239/EEC;

7. 

‘establishment’ means the head office, agency or branch of an insurance undertaking as defined in Article 2(c) of Second Council Directive 88/357/EEC of 22 June 1988 on the coordination of laws, regulations and administrative provisions relating to direct insurance other than life assurance and laying down provisions to facilitate the effective exercise of freedom to provide services ( 1 );

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8. 

‘home Member State’ means ‘home Member State’ as defined in Article 13(8), point (a), of Directive 2009/138/EC of the European Parliament and of the Council ( 2 ).

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1. Pregled

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1.1 Sklici

1.2 Ugotovljene zahteve

1.3 Povezani standardi

2. Ugotovljene zahteve

Zahteve

3. Povezani standardi

Standardi