Civil liability transport operator (ROTR)
Key characteristics
- Domestic, international or combined transport of goods or persons
- Financial capacity: 9000 EUR – first vehicle, 5000 EUR – following vehicles
ROTR insurance is intended for road transport operators to obtain a transport license. According to the legal provisions in force, the transport operator must prove that it has a financial capacity of 9,000 euros for the first vehicle and 5,000 euros for each of the other vehicles.
Civil Liability Transport Operator Insurance or ROTR insurance
- covers the liability of the Insured for material damages caused to third parties who have the quality of Beneficiaries of transport services provided by the insured, in carrying out concluded road transport contracts, following the completion of legal proceedings to liquidate the insured, if the debt to the injured third party it has not been extinguished following the consumption of the insured’s own financial capacity through payments made to its debtors.
- operates based on the Emergency Ordinance 980/2011 and the Order of the Ministry of Transport, Constructions and Tourism no. 1892/2006 which has as object the coverage of the responsibility incumbent on the road transport operator in which the obligation of the road transport operator to have a minimum financial capacity of 9,000 Eur for the first vehicle and 5,000 EUR for the other vehicles is expressly mentioned.
Civil Liability Transport Operator Insurance or ROTR insurance
- covers the liability of the Insured for material damages caused to third parties who have the quality of Beneficiaries of transport services provided by the insured, in carrying out concluded road transport contracts, following the completion of legal proceedings to liquidate the insured, if the debt to the injured third party it has not been extinguished following the consumption of the insured’s own financial capacity through payments made to its debtors.
- operates based on the Emergency Ordinance 980/2011 and the Order of the Ministry of Transport, Constructions and Tourism no. 1892/2006 which has as object the coverage of the responsibility incumbent on the road transport operator in which the obligation of the road transport operator to have a minimum financial capacity of 9,000 Eur for the first vehicle and 5,000 EUR for the other vehicles is expressly mentioned.
Insured risks
- Material damages brought to third parties as a result of non-fulfillment of some orders or transport contracts, caused by the initiation of judicial proceedings for liquidation of the Insured’s company;
- Additional expenses made with the agreement of the Insurer for the organization of some transports in order to honor the concluded transport orders or contracts;
- Expenses with defense against unjustified claims of third parties, made with the consent of the Insurer;
- Costs to which the Insured is obliged in the civil process;
- Expenses with expertise made with the agreement of the Insured;
Civil liability transport operator insurance – Exclusions
ROTR policy does not cover damages:
- for reasons other than the insolvency or bankruptcy of the insured;
- if the insured risk occurred due to natural disasters (earthquake, floods, landslides, volcanic eruptions) or in a state of war, civil war, military invasion, the action of an external enemy, revolution, rebellion, insurrection, military dictatorship, confiscation, expropriations, nationalizations, seizures and requisitions, atomic explosion, radiation or radioactive infestations, pollution or contamination due to any cause;
- generated by the force majeure invoked by the insured and proved with documents issued by the competent public authorities;
- during the commission of incriminated deeds as crimes committed with intent, bad faith, fraud or fraudulent bankruptcy of the insured;
- through the fault of the injured third party;
- transports contracted / performed improperly during the period when the insured did not hold the approvals / authorizations / licenses provided by law or with inadequate means of transport;
- claims for compensation made by the spouse of the representatives or representatives of the insured, for damages caused by them;
- indirect or consequential damages, even if they are the result of non-fulfillment of the transport contract, such as: fines, taxes, penalties, bank loans and interest, budget receivables, currency fluctuations, leasing rates, rents, court costs established by criminal decision , the expenses for the execution of the decisions regarding the payment of compensations, as well as moral damages;
- damages that are or can be compensated based on other types of insurance.
Civil liability transport operator insurance – Exclusions
ROTR insurance policy does not cover damages:
- for reasons other than the insolvency or bankruptcy of the insured;
- if the insured risk occurred due to natural disasters (earthquake, floods, landslides, volcanic eruptions) or in a state of war, civil war, military invasion, the action of an external enemy, revolution, rebellion, insurrection, military dictatorship, confiscation, expropriations, nationalizations, seizures and requisitions, atomic explosion, radiation or radioactive infestations, pollution or contamination due to any cause;
- generated by the force majeure invoked by the insured and proved with documents issued by the competent public authorities;
- during the commission of incriminated deeds as crimes committed with intent, bad faith, fraud or fraudulent bankruptcy of the insured;
- through the fault of the injured third party;
- transports contracted / performed improperly during the period when the insured did not hold the approvals / authorizations / licenses provided by law or with inadequate means of transport;
- claims for compensation made by the spouse of the representatives or representatives of the insured, for damages caused by them;
- indirect or consequential damages, even if they are the result of non-fulfillment of the transport contract, such as: fines, taxes, penalties, bank loans and interest, budget receivables, currency fluctuations, leasing rates, rents, court costs established by criminal decision , the expenses for the execution of the decisions regarding the payment of compensations, as well as moral damages;
- damages that are or can be compensated based on other types of insurance.
Amounts insured (Limits of liability)
Territoriality:
The ROTR policy is valid for the following types of transport:
- internal transport of goods or persons performed on the Romanian territory;
- international transport of goods or persons carried out outside the territory of Romania;
- cobined transport, internal and international.
