Pursuant to Article 5 of Law No. 2023-171 of March 9, 2023 relating to various provisions for adaptation to European Union law in the fields of economy, health, work, transport and of Agriculture, Ordinance No. 2023-1138 of December 6, 2023 aims to transpose the provisions of Directive (EU) 2021/2118 of November 24, 2021 amending Directive 2009/103/EC concerning liability insurance civil liability resulting from the circulation of motor vehicles and the control of the obligation to ensure this liability. The modifications made to the insurance code are varied and essentially aim to clarify the scope of application of the insurance obligation, to facilitate the conditions for taking out automobile insurance and to strengthen the compensation system for victims. They entered into force on December 23, 2023, with the exception of “provisions whose entry into force depends on the date of agreements between compensation bodies or delegated acts of the European Commission” (Ord., art. 15), in accordance with the provisions of the directive.
Specify the scope of the insurance obligation
Article 2 of the ordinance adds a paragraph to article L. 211-1 of the insurance code in order to specify that “The self-propelled wheelchair, a medical device exclusively used for the movement of a person with a disability, is not considered a vehicle within the meaning of the preceding paragraph. It is therefore not subject to the insurance obligation. This will not upset the rules applicable in the matter, the Court of Cassation having ruled to this effect in 2021 (Civ. 2e, May 6, 2021, no. 20-14.551, Dalloz actuality, May 21, 2021, obs. A. Hacene-Kebir; D. 2021. 1413 notes P. Oudot ; ibid. 1206, obs. M. Bacache, L. Grynbaum, D. Noguéro and P. Pierre ; ibid. 1695, obs. H. Kenfack ; ibid. 1980, obs. M. Bacache, A. Guégan and S. Porchy-Simon ; ibid. 2022. 35, obs. P. Brun, O. Gout and C. Quézel-Ambrunaz ; ibid. 1174, obs. J.-J. Lemouland and D. Noguéro ; RDSS 2021. 926, note B. by Bertier-Lestrade ; Civilian RTD 2021. 660, obs. P. Jourdain ; bjda.fr 2021, n° 75, note A. Cayol).
The lack of precision in the texts could, however, have created doubt, the criteria traditionally set by case law to qualify a vehicle as a “land motor vehicle” (VTAM) being first all filled: the wheelchair seemed to be able to be qualified as a vehicle – intended for the transport of a person –, to travel on the ground and to be motorized, as the court of appeal had noted in the above-mentioned case to retain VTAM qualification. It is a teleological interpretation of the Badinter law which led the second civil chamber to overturn its decision for violation of the law, in accordance with “articles 1, 3 and 4 of law no. 85-677 of 5…
2024-01-14 23:15:40
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