Definition of ”motor vehicles”
”Motor vehicles“ are ”vehicles intended to travel on the ground and which can be operated by mechanical force, ...” (Article 1 of the law of 21 November 1989) (translation).
The term ”mechanical force“ refers to both energy produced by an engine and energy produced by other mechanical means. However, it does not refer to muscular force.
What land does the insurance obligation apply to?
You can drive with a motor vehicle on public roads, on land open to the public, on land that is not public but open to a certain number of people who have the right to use it, and on strictly private land, only with valid civil liability insurance (Article 2 of the law of 21 November 1989). In other words, you must take out civil liability car insurance.
Exception: vehicles that are not authorised to drive on public roads are exempt from this civil liability car insurance obligation if they are being driven on strictly private land.
What vehicles must you take out civil liability car insurance for?
In principle, the civil liability car insurance obligation extends to all vehicles if you drive on public roads, on land open to the public or to a certain number of people, or on strictly private land.
In principle, the law provides for some exemptions from this insurance obligation. In the case of a motor vehicle, you must check on a case-by-case basis if the motor vehicle meets the exemption criteria of the insurance obligation. An exemption may be granted based on the combination of speed (the criteria used is the maximum design speed) and weight (the criteria used is the maximum mass, battery weight included).
There are three exemptions to the civil liability car insurance obligation for motor vehicles:
- Motor vehicles that can be operated by mechanical force with a maximum design speed not exceeding 6 km/h and a maximum mass not exceeding 100 kg;
- Motor vehicles that can be operated by mechanical force with a maximum design speed exceeding 6 km/h but not exceeding 25 km/h and a maximum mass not exceeding 25 kg;
- Motorised wheelchairs intended to be used exclusively by people with a physical disability.
For those exempt motor vehicles, your liability can be covered by civil liability family/private life insurance.
Please note: The same maximum speed and maximum mass criteria apply to an electric scooter or class A moped. Although that type of vehicle does not exceed 25 km/h, it does greatly exceed the weight limit of 25 kg. Consequently, that type of vehicle is always subject to the compulsory civil liability car insurance.
Regardless of their mass and speed, motor vehicles intended for purposes other than simple travel are also always subject to the insurance obligation.