New definition of entry into motion
Until this time the law stipulated, that insurance OC applies to owners of wheelchairs introduced into motion. It means that the cart must enter or be introduced on a public road, into a residence or movement zone.
From 6 November 2024 year into the movement means any use of mechanical vehicle conforming to its function as a means of transportation, independent of its features and terrain, on which it is used, and dependently on that, whether it is unmovable, whether it is in motion – interprets Maurycy Direct, an lawyer
at TC Law Firm .
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Wheelchair as a means of transport
The wheelchair is treated as a means of transport, because in addition to lifting and leaving the load, it moves along with it. The changed definition of the movement results from the Tribunal Justice of the European Union. For the necessity of covering the cart with mandatory insurance OC is no longer relevant today, on which territory it moves.
Wheelchairs used on industrial or warehouse till this time by rule have no insurance OC characteristic for road vehicles. Their operation and eventual damages usually were under general insurance activity.
Mandatory insurance OC for every cart forklift
As Maurycy Directs, from the reasoning of the proposed law, which introduces the mentioned changes does not indicate, that the legislator’s purpose was to cover insurance OC stricte vehicles.
Nevertheless the indicated above changes should be interpreted in that from the day of entry into the changes, that is from November 2024 year, trolleys introduced into operation should have insurance OC. The implemented changes do not provide any formal exception, which we might present. The forklift should
be so covered from the moment of entry into operation dependently on where it will be.worked – adds expert TC
law firm Law.
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What are the financial consequences of changed regulations
Wheelchairs as free vehicles do not be subject to registration, therefore they do not appear in the CEPiK database.The Insurance Fund Guarantee (UFG) will use of it in determining, whether the insurance obligation has been fulfilled and when needs to impose penalties for lack OC for free vehicles.
The amount of such penalty is equivalent to one third of the minimum wage for work. Forklifts should be registered with the Technical Inspection Office (UDT), may therefore assume that further legal changes will allow the take of
data by UFG from UDT.
Eventual lack of insurance OC may be relevant in an accident involving a vehicle not covered by
insurance. For lack of insurance OC UFG may be informed in such accident by police.
