In principle, given that there are, of course, still a number of strings attached. Recently, the TRTA had this clarified by Jelle Smits, who is a manager at the Dutch Bureau of Motor Vehicle Insurers and who, in this capacity, is also involved in Brussels in shaping European legislation around the green card. "This issue still has all kinds of attractive strings attached to it that legal experts like to deal with, and my aim is to ensure that those involved, such as fleet owners, know by and large what to expect." Smits cites the example of a trailer that is not safely parked on the roadside. A car ends up crashing into it, resulting in damage and an injured driver. "The rules then stipulate that the driver of the towing vehicle who left the trailer behind is, in principle, also liable. That may sound strange, but the common thread running through this story concerns victim protection," Smits explains.
The basic terms
Under the new German rules, according to Smits, the situation in basic terms is the same as in the Netherlands. "So, in principle, the towing vehicle is 100% liable in the event of any damage." The owner of the trailer or semi-trailer can also be held directly liable by a victim. They will then have to pay for any damages to the victim and then have to claim these back for 100% from the insurer of the towing vehicle.
Although there are a few exceptions that are well worth familiarising yourself with. This is notably the case when the owners of the towing vehicle and the towed vehicle are not the same. In that respect, Smits found himself in the right company, as many TRTA members manage a trailer fleet and contract towing vehicles. "In the event that it is proved that the accident is directly due to, for example, a fault in the trailer or semi-trailer, the owner of that trailer or semi-trailer will have to compensate the victim for any damages and any claims for subsequent compensation from the insurer of the towing vehicle will undoubtedly be unsuccessful. Think about tyres, brakes, bearings, the overall condition.
Should you take out insurance on these too?
Smits pointed out that if you really want to do things properly as a trailer manager, it would be best to opt for liability insurance after all, including a green card. "Trailers quite often have other companies or businesses that drive around with them, often in other countries as well. The rules that apply here or in Germany are not applicable everywhere. A trailer is effectively a motor vehicle, even if it does not have a motor itself. We can also notice that plenty of fleet owners are voluntarily opting to insure their towed equipment. According to Smits, things are moving along in the motor vehicle dossier in Brussels as well. "There is a proposal from the European Commission that makes it clearer that a trailer is effectively a motor vehicle. If that definition is accepted, it will consequently have to be insured as such in the Netherlands too."
Source: TrailerTotaal.nl