The motor vehicle insurance problems

                            Yi Wei

In the insurance claims,SometimesWill involve vehicles problem,Some people useThe motor vehicle, special vehicle, wheelVehicles on their own machinesThese ones hereThe concept of,ButThese concepts are not the same, there is cross,Management changes and these countries on vehicles is bigger, caused some confusion of the claims officer.

One, the concept of.

(a) the car motor vehicle

    Vehicles: the Ministry of labourIn the1995Promulgation"The motor vehicle safety management regulations" (Ministry of labour (1995)161Number of motor vehicles in the plant), said the regulations, refers to enterprises plant range (including terminal, freight yard and other production areas and the construction site) motor vehicle and assignments. After the State Bureau of quality and technical supervision in October 1, 2000 to begin implementationThe"Special equipment quality supervision and safety supervision regulations" alternative, the definition of "special equipment" includes elevators, lifting machinery, plant vehicle, passenger ropeway, amusement and recreational facilities, explosion-proof electrical equipment etc.. The motor vehicle into the management of special equipment,Need to mechanism of safety supervision of special equipment registration, issuance of the license plate of a motor vehicle, vehicles to install license and certificate paste safety inspection, can be put into use, regular inspection period for one year.

    In June 1, 2003, the State CouncilPromulgation"Special equipment safety supervision regulations" implemented, construction equipmentIncludeHoisting machinery. In January 19, 2004, State Quality Inspection Administration announced the "catalogue of special equipment", the mobile crane crane categories including wheeled cranes and crawler cranes; light small lifting equipment includingTheForklift. In May 1, 2009, the "Regulations" special equipment safety supervision of special equipment modification, field (factory) in special vehicles into,And the provisions of housing construction and municipal engineering construction site lifting machinery, field (factory) supervision and management of installation, use in special vehicles, performed by the construction administrative departments in accordance with the provisions of relevant laws, rules and regulations. The definition of field (factory) in special vehicles, refers to a special motor vehicles except for road traffic, agricultural vehicle only at the factory plant, tourist attractions, amusement and so on specific areas of use. In January 14, 2010 the State Quality Inspection Administration formulated the "supplement" the catalogue of special equipment, additional field (factory) in special vehicles, there are two kinds of field (factory) for special motor vehicle industry (including forklift truck, truck, tractor, pushing the car) and field (factory) special tour vehicles (with internal combustion engine, battery car). The forklift to field (factory) for special motor vehicle industry, the original home rides the sightseeing bus is also referred to as the field (factory) for special motor vehicle industry.

(two) special vehicle

   Special vehicle is mainly in the insuranceFieldIn the."Motor vehicle traffic accident liability compulsory insurance scheme" is defined in the special vehicle is used for various loading oil, gas, liquid and other special tank car; or for the removal, cleaning, cleaning, lifting, loading and unloading (not including dump truck, special vehicle lifting), stirring, mining, bulldozer, road, for a motor vehicle or van to freezing or heating equipment; or a car is provided with a fixed equipment, professional monitoring, fire protection, cash transport, medical, television, radar, X optical inspection vehicle; or used in traction container (container) container trailer.

    Special vehicle according to their use is divided into 4 categories, different types of vehicles with different charges:

    A tank truck, special vehicle: steam tanker, tank truck;

    Special car two: special net waterwheel, special vehicle outside the tank truck, as well as for the repair, cleaning, cleaning, lifting, loading and unloading (not dump truck), lifting, stirring, mining, bulldozing, refrigeration, insulation and other various special purpose vehicle;

    Three: special vehicles with fixed equipment professional monitoring, fire protection, cash transport, medical, television and other various special purpose vehicle;

    Special car four: container trailer.

    Definition of special vehicle insurance clauseSpecial vehicleFor theIn the territory of the people's Republic of China (excluding Hong Kong, Macao, Taiwan) travel, special vehicle for various wheeled or caterpillar traction, repair, cleaning, lifting, loading and unloading, lifting, stirring, mining, bulldozer, road, or a car is provided with a fixed equipment, engaged in professional work monitoring, fire protection, clean, health, television, radar, X-rays and other motor vehicles, or oil tank truck, tanker, tank truck, car refrigerator car, container tractors and other motor vehicles stipulated.

   Note special vehicle insurance clauses of differentIn theCross strong insurance is included dedicated crawler vehicle.

Three.WheelVehicles on their own machines

    "Motor vehicle types of terms and definitions (GA802-2008)"DefinitionWheeled vehicles on their own machinesAs a special structure and special functions, equipped with rubber wheels can drive itself, the maximum design speed of more than20km/hWheeled engineering machinery, such as loader, grader, excavators, forklifts, bulldozers, but does not include forklift.

 

Two,Driver qualification

(a),General Administration of quality inspection

 

    General Administration of quality inspection in July 1, 2005PromulgationThe implementation of the "special equipment operating personnel supervision and management measures" will field (factory) in motor vehiclesDriverHomeworkSpecial equipment operating personnelIncluded in the management,DriverMust have"Special equipment operating personnel certificate".Was amended in July 1, 2011, thirty-ninth shall be amended as: "the regulation is not applicable to the housing construction and municipal engineering construction hoisting machinery, field (factory) in special vehicles operation and the relevant management personnel."In May 1, 2009, the "Regulations" safety supervision of special equipment modification,Thirty-eighth, boiler, pressure vessel, elevators, lifting machinery, passenger ropeway, large recreation facilities, field (factory) and the relevant management personnel of special motor vehicle operators (hereinafter referred to as the "special equipment operating personnel), should be in accordance with the relevant regulations of the state by special equipment inspection supervision and management departments of safety inspection, obtains the national unified format certificate of special operation personnel, be engaged in the corresponding operations or management. In March 4, 2010, State Quality Inspection Administration issued "on doing the directory adjustment phase field (factory) Notice" special motor vehicle safety inspection work related to quality inspection office (2010) No. 200, non factory equipment operating personnel, since the date of this document is no longer in the scope of certification, the original has been "special equipment operating personnel certificate", certificate expire automatically after the expiration of the." Not included in the "directory" equipment (non factory equipment) such as excavators, loaders, loader and backhoe loader etc.. July 1, 2011 implementation of revised "national quality inspection administration of special equipment operating personnel categories and items of" field (factory) in special vehicles operation for N1-N5.

(two), Ministry of housing and urban rural development

    In June 1, 2008 the Ministry of housing and urban rural development "Regulations" management of construction of special operations personnel to define special construction workers refers to the housing construction and municipal engineering construction activities, in may cause significant harm to oneself, others and work around the facility security personnel. Special construction includes the construction crane drivers; and approved by the construction administrative department of the people's government at or above the provincial level and other special operations. In the detailed rules for the implementation of the provinces to develop in the "Jiangsu province construction special operations personnel management Interim Measures", the construction site at the driver of a motor vehicle into the special operations personnel management. Ningxia in the "Circular on strengthening the construction of" special operations personnel management formulated the "construction of special operation catalog" enterprise of motor vehicle driving forklift, forklift, including the grab bucket, loaders, excavators, road roller, bulldozer, scraper, the car (car battery, battery forklift), dump truck, road machinery (asphalt paver, concrete paver, stabilized soil mixing machine, rotary cultivator, asphalt distributor, trenching machine etc.). Setting range than the quality inspection administration expanded.

Three.The Ministry of public security

   "Regulations" motor vehicle driver's license application and use of the quasi driving type and code provisions of wheeled vehicles on their own machines ID code named M, A1, A2, B1, B2 can drive M models.

 

    According to "the people's Republic of China Road Traffic Safety Law" refers to the highway road, city road and although the unit jurisdiction but allow social vehicles, including squares, public parking lots and other places for public passing above according to different department management. If the car to get on the road, or the factory allow public access, then the driver needs to have the public security departments corresponding vehicle driving qualification. If the vehicle is used for housing construction and municipal engineering, in accordance with the needs of local regulations, whether to need to hold the Ministry of construction, special operations personnel qualification certificate. If other uses, belonging to the "special equipment operating personnel categories and items required to hold the corresponding quality inspection administration"Special equipment operating personnelQualificationsCard.

Three,Insurance claims

(a), cross strong insurance

   According to the "motor vehicle traffic accident liability compulsory insurance regulations", the owner or manager of motor vehicles on the road within the people's Republic of China on, should be in accordance with the "Regulations of the people's Republic of China Road Traffic Safety Law" of the insured motor vehicle traffic accident liability compulsory insurance. If the vehicles not on the road or the factory does not allow public access, you can not buy compulsory insurance. Also note that the crawler type special vehicle, although known as the motor vehicle, but it does not conform to the vehicle type "terms and definitions" vehicle definition, no need to buy insurance to pay strong.

Two.Car insurance, construction

Because of tracked vehicle can be insured special vehicle insurance, therefore involves third party liability insuranceIn theOnly pay for more than the compulsory motor vehicle traffic accident liability limitation above some insurance each responsible for compensation shall be invalid.

Exemption from liability in"By the use of effective operation certificate insurance motor vehicle issued by the relevant departments of the state personnel without"According to theThe second part.

Three.Other types of insurance

   The responsibility of engineering machinery insurance exemptions also involves the "effective operation certificate is the subject matter of the insurance operation issued by the relevant departments of the state without." Additional plant property comprehensive insurance for lifting, transportation machinery insurance clause,Liability insurance for the insurance shall be extended to cover the insured machinery insurer or its permit card driver operation (including cranes, gantry crane, hoist, elevator), due to the collision, overturning or due to operational errors caused by their loss in the use process. These categories are related to the effective operation certificate, canAccording to theThe second part.

 

Four,A typical case

   A case,A factory excavator insured special vehicle insurance, Zhang in the factory when digging, operational errors, the vehicle overturned, causing damage to the vehicle. Because the car is not for housing construction and municipal engineering, not to the Ministry of construction management, quality inspection administration in accordance with the provisions of the excavator, not included in the "directory" belongs to the equipment (non factory equipment), without the need for special equipment operating personnel certificate, insurance company should claim.

 

   Case two, a Municipal Corporation in Ningxia highway construction, excavator for special vehicle insurance, Li Mou in operation was stone smashed vehicles on the mountain. The survey, Lee has no special operations personnel qualification certificate, in accordance with the terms of insurance, insurance companies can reject.

 

  Case three, a driving wheel excavator returning from the construction site, in the county road collision motorcycle, excavator insurance compulsory insurance, Wang Mou hold B1 card, but no special operations personnel qualification certificate. As the time of the accident for the traffic accident, B1 can drive wheel excavators, and accident and production operation, does not affect the cross strong insurance claims no special operations personnel qualification certificate.