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You are here: Home / Features / Decision On Vnuk?

Decision On Vnuk?

25th February 2017 by Motorcycleminds Leave a Comment

In December 2016 we reported on the “Vnuk Judgement” which concerned a 2014 decision of the Court of Justice of the European Union in relation to the judgement’s possible effects on proposed changes to motor vehicle use and motor insurance within the European Union.

“The Vnuk judgement concerned a case before the European Court of Justice about a man (Mr Vnuk) who was injured when he was knocked off a ladder by a trailer that was attached to a tractor, in a barn in Slovenia. The effect of the judgment is that any vehicle that falls within the Motor Insurance Directives’ definition of a vehicle should have a compulsory motor insurance policy.”

The Vnuk judgement requires all vehicles to have compulsory insurance when in use.

Vehicles “in use” brought within the scope of the Motor Insurance Directive by virtue of the Vnuk judgment are: electrically assisted pedal cycles, construction vehicles, agricultural vehicles, Segways, ride -on lawnmowers, motorsports vehicles, mobility scooters, golf buggies, motorised ride-on children’s toys, fairground rides (e.g. dodgems), fork lift trucks, dumper  trucks, engineering plant and quad bikes (off-road construction).

This means whether these are parked up, on farms, motor (racing) tracks, on private land (no public access), or having a vehicle on a private dwelling.

The UK government had issued a consultation  and although the European Commission recognised the significant nature of the judgment and had proposed an amendment to the Directive to limit the effect of the Vnuk judgment, action was to have been taken in the third quarter of 2016, which effectively did not happen.

However FIM Europe have just reported they have learned, “That action is expected in the next six weeks with publication by the EU Commission of draft amendments to the Motor Insurance Directive.”

The full article from FIM Europe is transcribed below.

FIM Europe welcomes decision by EU to act on the Vnuk case

The decision in the Vnuk case has serious implications for the future of motorcycle sport in Europe.

FIM Europe has learned that action is expected in the next six weeks with publication by the EU Commission of draft amendments to the Motor Insurance Directive. Welcome news is that this will be done specifically to address the problems raised by the Vnuk judgment and overall revision of the Directive will be kept separate.

As the EU institutions will have to agree, a full process will be required with public consultation, impact assessment and approval by the EU Parliament.

So how did we reach this position?

The case had nothing to do with motorcycle or motor sports. Mr Vnuk was injured in a fall from a ladder in a farmyard when the ladder was struck by a trailer pulled by a tractor – an industrial accident.

The European Court of Justice decided to award Mr Vnuk legal protection by extending the scope of the Motor Insurance Directive. There is no appeal because the ECJ is the highest court in the European Union.

In framing their judgment the Justices extended the scope to the point where many other activities (including motorcycle and motorsports) are now affected.

Commenting, FIM Europe President Dr. Wolfgang Srb said: “We have sympathy for Mr Vnuk. We hope that the unintended consequences of this judgment can be resolved by the EU institutions by quarter four of 2017. This will be a year later than originally planned. FIM Europe will attend to each stage in the process and do everything to assist in obtaining a resolution”.

FIM Europe Director of Public Affairs, John Chatterton-Ross added: “This is one of the most complex issues we have ever faced in our sport. Jurisdiction in personal injury litigation is a matter for national law. In this case the Court of Justice used EU law to remedy what it perceived as a defect in the national law of Slovenia. FIM Europe will contribute to the consultation process and assist the EU institutions to resolve this”.  

FIM Europe – FIM Europe welcomes decision by EU to act on the Vnuk case

Motorcycle Minds – The Vnuk Judgment

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Motorcycle Minds
3 months ago

Europe - The Motorrijdersactiegroep MAG (MAG Netherlands) where lining up to go to Brussels regarding the mandatory Road Worthiness Testing proposals by the European Commission that would effect them!

They state: "We were in the starting blocks to drive to Brussels in April for a massive APK protest - but now the Transport Council has spoken out against the plans of the European Commission."

"The most important part of that statement is that the current exceptional measure for a mandatory motorcycle inspection remains: member states may - subject to conditions - therefore continue to abstain from a motorcycle APK."

"Of course, that also applies to the Netherlands: our government doesn't want such an inspection at all."

"On the above news, everyone cheers that the inspection here is definitively done, but an agreement has yet to be reached."

"So don't celebrate too early. But as one of our European experts noted with an extremely British wink: "It's good to know that Europe (the commission, the parliament, etc.) doesn't like to engage in unimportant matters. And it's certainly good to know that motorcyclists are insignificant. "

"So we have good hope. Our planned ride will remain a planned ride until then."We stonden in de startblokken om in april voor een massale APK-protestrit naar Brussel te rijden - maar nu heeft de Transportraad zich tegen de plannen van de Europese Commissie uitgesproken. Belangrijkste onderdeel van die uitspraak is dat de Transportraad wil dat de huidige uitzonderingsmaatregel voor een verplichte motorkeuring behouden blijft: lidstaten mogen dan - onder voorwaarden - dus van een motor-APK blijven afzien. Dat geldt natuurlijk ook voor Nederland: onze overheid wil zo'n keuring helemaal niet.

Op bovenstaand nieuws juichte de motorpers dat de keuring hier definitief van de baan is, maar er moet nog wel een akkoord bereikt worden. Niet te vroeg feestvieren dus. Maar zoals een van onze Europa-deskundigen al met een uiterst Britse knipoog opmerkte: "Het is goed om te weten dat de Europa (de commissie, het parlement, enzovoort) niet graag met onbelangrijke zaken bezig is. En het is zeker ook goed om te weten dat motorrijders onbelangrijk zijn." We hebben dus goede hoop. Onze geplande rit blijft tot die tijd nog een geplande rit.
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MC_Minds avatar; Motorcycle Minds @MC_Minds ·
5 Dec 1996874270874743036

Europe - That's not the UK - the Federation of European Motorcyclists Associations - "EU Council: ‘No mandatory inspections for motorcycles’" Full story from FEMA, its member organisations, which includes the Fédération Internationale de Motocyclisme FIM.

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EU Council: ‘No mandatory inspections for motorcycles’ - FEMA

FEMA - the international motorcycling community

www.femamotorcycling.eu

Reply on Twitter 1996874270874743036 Retweet on Twitter 1996874270874743036 0 Like on Twitter 1996874270874743036 0 Twitter 1996874270874743036

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