Dutch semi-trailers do not have liability insurance. The police are giving tickets unreasonably.
And what about compensation in the event of damage caused by such a semi-trailer?!
1. Many carriers in Poland use Dutch semi-trailers. Please note that trailer liability insurance is optional in this country. At the request of carriers, bearing in mind economic issues, the German legislator also aims at such a solution. There are voices that the Polish police during the inspection punish drivers with fines for the lack of liability insurance of the semi-trailer. This is illegal because the principle of reciprocity between the contracting countries applies. In short, the Polish police are supposed to respect Dutch law.
2. This results from Art. 95. sec. 1 in connection joke. 25 sec. 2 of the Act on compulsory insurance, which provide:
The provisions of the chapter do not apply to: owners and drivers of motor vehicles registered in the countries referred to in art. 25 sec. 2;
25 sec. 2. TPL insurance of motor vehicle owners covers, on the basis of reciprocity, also events occurring in the territories of countries whose national offices are signatories of the Multilateral Agreement, subject to sec. 3.
3. And why is it so? Well, in the case of damage caused by a semi-trailer, compensation is paid from the liability insurance of the towing vehicle, i.e. a tractor. This applies to all European countries.
4. In such a situation, the question arises why in Poland and other countries third party liability insurance for a semi-trailer is obligatory. This is because pursuant to Art. 37 sec. 2 of the Act on Compulsory Insurance, compensation is paid from the third party liability insurance of the trailer owner in a situation where the damage is caused by a trailer that:
1) is not coupled to the towing motor vehicle or
2) has become detached from the towing motor vehicle and has stopped rolling.
5. Now let's imagine that a Dutch semi-trailer rolls down a hill and hits our car, house or fence. In such a situation, we are left with a claim directly against the Dutch holder for payment of compensation. Legally, it is much more complicated than using an OC policy
Legal adviser Jerzy Klimkowski
Galicja Brokers offers comprehensive insurance for transport companies and professional liquidation of motor and cargo damages.
Broker recommended by the Association of carriers OZPTD associating over 1,200 transport companies.
Photo source: District Headquarters of the State Fire Service in Mrągowo