Valstybės naudojamų administracinių teisinių priemonių užtikrinimas, kad būtų apdrausta transporto priemonių valdytojų civilinė atsakomybė privalomuoju draudimu: probleminiai įgyvendinimo aspektai

Abstract

Motor vehicles, which are considered to be a source of increased risk, require their owners to exercise due diligence. One such requirement is to take out compulsory insurance against civil liability in respect of the use of motor vehicles. Since 1972, European Union directives have stipulated that each Member State shall take all necessary measures to ensure that civil liability in respect of the use of motor vehicles that are normally based in its territory is covered by insurance. It is recognised that driving without insurance and operating a vehicle without compulsory motor civil liability insurance is a growing problem. This study found that the development of compulsory motor civil liability insurance was driven by ongoing social change and the need to protect the interests of victims as much as possible, while ensuring the free movement of persons. This is best reflected in the consistent development of EU legislation between 1972 and 2021: from the introduction of compulsory insurance, the safeguarding of free movement through the payment of a single insurance premium, the provision of protection against uninsured vehicles, and the introduction of minimum insurance amounts and victims’ compensation mechanisms, to changing the concept of a vehicle and introducing the concept of vehicle use. The current legal framework in Lithuania, which obliges Member States to take all appropriate measures to insure against civil liability in respect of the use of motor vehicles normally based in their territory, and its implementation, should be considered as flawed. Despite the fact that the Lithuanian legislation contains a wide range of positive and negative measures that would encourage vehicle owners to take out compulsory insurance, the number of uninsured vehicles suggests that not all measures are sufficiently effective. Effective regulation and enforcement through the efficient and expeditious identification of the owner of a vehicle responsible for compulsory civil liability in respect of the use of motor vehicles should help to address the existing problems with the large number of uninsured vehicles and contribute to the smoother implementation of Directive (EU) 2021/2118.