Spanish Government to Extend Auto Insurance Coverage to Port and Airport Areas – Exclusions Apply for Exclusive Use Vehicles.

The government intends to modify the regulation of compulsory automobile insurance in port and airport areas. To achieve this, it will use the transposition of the new European Union directive (Directive (EU) 2021/2118 of the European Parliament and of the Council of November 24, 2021) regarding civil liability insurance resulting from the circulation of motor vehicles. , as well as the control of the obligation to ensure this responsibility.

Currently, when a motor vehicle travels along roads or land in port or airport enclosures, in which the legislation on Traffic, Movement of Motor Vehicles and Road Safety does not apply, it is not considered a fact of circulation and Consequently, compulsory automobile insurance does not provide coverage.

How then to guarantee the civil liability derived from this circulation? Subscribing a civil liability insurance for business activity.

The European regulator wants motor vehicle insurance to cover accidents throughout the country. However, it is aware that some member states have exclusions for those vehicles used exclusively in certain restricted access areas, such as ports and airports. In these cases, the European Union requires the adoption of adequate measures to guarantee the payment of compensation for the damages caused by these vehicles.

Following these instructions, the Spanish government will extend the compulsory automobile insurance coverage to all port and airport facilities, excluding only those vehicles that operate exclusively within the enclosuresince their displacements are not considered events of circulation.

In summary, once the transposition of the new motor insurance directive is applied, any motor vehicle (cars, motorcycles, trucks, trailers, etc.) that enters the port or airport area will be covered by your mandatory insurance .

For their part, motor vehicles that are used exclusively in these venues must have an insurance, endorsement or equivalent financial guarantee that guarantees the payment of compensation for damages that these vehicles may cause.

The regulation establishes coverage limits of 70 million euros per claim for damage to people, regardless of the number of victims, and 15 million euros per claim for damage to property. However, the government has yet to clarify if this guarantee should be individual for each vehicle, or if a contract can be signed that covers the company’s entire fleet.

In the event of an accident caused by these vehicles and the corresponding insurance, endorsement or financial guarantee has not been subscribed, the compensation for damages to persons and property will be assumed by the Insurance Compensation Consortium. This organization has the right to recover the indemnified amounts.

Now all that remains is to wait for this new legislation to be approved before December 23, 2023, the deadline established by the European Union for member countries to transpose the new directive on automobile insurance into their legal system.