Cap. 104 чл. 18Furnishing of information in the case of accidents involving damage or personal injury.

(1) The provisions of article 17(1) shall mutatis mutandis apply to a request for information by any person who alleges that he has suffered any damage or personal injury as a result of an accident as is mentioned in article 8(2) or to such a request by that person’s insurer.

(2) The person having custody of the vehicle shall without delay, if so requested by the persons involved in a road traffic accident, inform such persons of the identity of the insurer covering the liability arising out of the use of any motor vehicle involved in the accident.

(3) If an accident is caused in Malta by a motor vehicle which is normally based in the territory of a designated State, the local bureau shall obtain information as to the territory in which the motor vehicle is normally based, and as to its registration mark, if any; and in so far as is possible, as to the details of the insurance of the motor vehicle, as they normally appear on the international certificate of insurance, which are in possession of the person having custody of the vehicle, to the extent that these details are required by the designated State in whose territory the vehicle is normally based. The local bureau shall communicate the said information to the foreign bureau of the designated State in whose territory the vehicle is normally based.

(2) The information centre shall be responsible for:

(a) keeping a register containing the following information:

(i) the registration numbers of motor vehicles which are normally based in Malta;

(ii) the numbers of the policies of insurance covering the use of motor vehicles which are normally based in Malta for the risks other than carrier’s liability, classified in class 10 of Part I

of the Third Schedule to the Insurance Business Act, and where the period of validity of the policy of insurance has expired, also the date of termination of the insurance cover;

(iii) authorized insurers and insurance undertakings covering the use of motor vehicles for the risks other than carrier’s liability, classified in class 10 of Part I of the Third Schedule to the Insurance Business Act, and claims repres-

entatives appointed by such authorized insurers and insurance undertakings;

(iv) the list of motor vehicles which, in Malta and in each designated State, benefit from the derogation from the requirement for civil liability insurance cover;

(v) regarding the motor vehicles referred to in subparagraph (iv): - the name of the authority or the body designated as responsible for compensating injured parties in cases where a State has not signed the Multilateral Guarantee Agreement, if the motor vehicle benefits from the derogation in respect of certain natural or legal persons as referred to in article 3(4)(b); - the name of the body covering the motor vehicle in Malta or in the designated State where it is normally based if the motor vehicle benefits from the derogation in respect of such types of vehicle having a special plate as are referred to in article 5(2);

(b) for co-ordinating the compilation and dissemination of that information; and

(c) for assisting entitled persons to be apprised of the information mentioned in paragraph (a)(i), (ii), (iii),

(iv) and (v).

(3) Authorized insurers and insurance undertakings referred to in subarticle (2)(a)(iii) shall notify to the Maltese information centre and to the information centres of all designated States the name and address of the claims representative which they have appointed in Malta and in each of the designated States.

(4) An injured party shall be entitled, for a period of seven years after the accident, to obtain without delay from the information centre the following information:

(a) the name and address of the relevant authorized insurer or insurance undertaking; and

(b) the number of the relevant policy of insurance;

(c) the name and address of the relevant authorized insurer’s or insurance undertaking’s claims representative in the State of residence of the injured party: Provided that the injured party is resident in Malta or the motor vehicle involved is normally based in Malta or the accident occurred in Malta.

(5) The information centre shall provide the injured party with the name and address of the owner or usual driver or the registered keeper of the motor vehicle if the injured party has a legitimate interest in obtaining this information. For the purposes of this subarticle, the information centre shall address itself in particular:

(a) to the authorized insurer; or

(b) to the relevant vehicle registration agency.

(6) If the motor vehicle benefits from the derogation in respect of such natural or legal persons as are referred to in article 3(4)(b), the information centre shall inform the injured party of the name of the authority or body designated in accordance with the proviso of article 3(4)(b) as responsible for compensating injured parties in cases where a State has not signed the Multilateral Guarantee Agreement.

(7) If the vehicle benefits from the derogation as is referred to in article 5(2), the information centre shall inform the injured party of the name of the body covering the vehicle in the country where it is normally based.

(8) The processing of personal data resulting from this article shall be carried out in accordance with the Data Protection Act.

(b) makes or has in his possession any document so closely resembling such a certificate as to be calculated to deceive, he shall be guilty of an offence and shall be liable, on conviction, to imprisonment for a term not exceeding one year or to a fine (multa) not exceeding two hundred and thirty-two euro and ninety-four cents (232.94) or to both such imprisonment and fine.

(2) If any person for the purpose of obtaining the grant of any licence in respect of any motor vehicle or for the purpose of obtaining the issue of a certificate of insurance under this Ordinance makes any false statement or withholds any material information, he shall be liable, on conviction, to imprisonment for a term not exceeding six months or to a fine (multa) not exceeding one hundred and sixteen euro and forty-seven cents (116.47) or to both such imprisonment and fine.

(3) If any person issues a certificate of insurance which is to his knowledge false in any material particular, he shall be liable, on conviction, to imprisonment for a term not exceeding six months or to a fine (multa) not exceeding one hundred and sixteen euro and forty-seven cents (116.47) or to both such imprisonment and fine.

(4) If any member of the Police Force has reasonable cause to believe that any certificate of insurance produced to him in pursuance of the provisions of this Ordinance by the driver of a motor vehicle is a document in relation to which an offence under this article has been committed, he may seize the document and, when any document is seized under this article, the person from whom it was taken shall, unless the document has been previously returned to him or he has previously been charged with an offence under this article, be summoned before the Criminal Court of Magistrates to account for his possession of the said document, and the court shall make such order respecting the disposal of the said document as the justice of the case may require.

(5) In this article the expression "certificate of insurance" includes any document issued under regulations made by the Minister responsible for transport in pursuance of his power under this Ordinance to prescribe documents which may be produced in lieu of a certificate of insurance.