Article 41. Control of Insurance

1. The control of compulsory insurance against civil liability in respect of the use of motor vehicles is a check on insurance of the motor vehicle concerned.

2. In the Republic of Lithuania, the control of compulsory insurance against civil liability in respect of the use of motor vehicles shall be carried out by the police, the State Border Guard Service under the Ministry of the Interior, undertakings, which conduct state technical inspections, and a body responsible for registration of motor vehicles.

3. A person responsible for the conclusion of an insurance contract shall be obliged to have the motor vehicle covered by compulsory insurance against civil liability in respect of the use of motor vehicles in conformity with the requirement of this Law and the sum insured shall be not lower than specified in Article 11 of this Law:

1) on the date of registration of the motor vehicle at the latest;

2) before putting the motor vehicle to use or before transferring it for use to another person, where no registration is required for the motor vehicle concerned;

3) before crossing the border, where the user of motor vehicle intending to travel across the territory of the Republic of Lithuania is not covered by compulsory insurance against civil liability in respect of the use of motor vehicles as required in this Law;

4) not later than on the last day of validity of insurance coverage under the insurance contract.

4. At the request of the institution carrying out the control of compulsory insurance against civil liability in respect of the use of motor vehicles, the person who is being checked shall present an insurance certificate valid under this Law at the time of the check or any other document certifying, in accordance with legal acts of another state, the conclusion of an insurance contract.

5. A valid certificate of insurance shall be presented to the undertaking which conducts state technical inspections before the motor vehicle is inspected.

6. No check on compulsory insurance against civil liability in respect of the use of motor vehicles shall be carried out in respect of motor vehicles normally based in the territory of another Member State of the European Union and motor vehicles normally based in the territory of a foreign state, which enter the territory of the Republic of Lithuania from the territory of another Member State of the European Union. However, non-systematic and non-discriminatory random checks may be carried out which are not aimed exclusively at compulsory insurance against civil liability in respect of the use of motor vehicles.

7. Motor vehicles normally based in the territory of a foreign state shall be treated like motor vehicles normally based in the territory of a Member State of the European Union if the national insurers’ bureaux of all Member States of the European Union guarantee, each individually under their national legislation on compulsory insurance against civil liability in respect of the use of motor vehicles, the payment of compensation for the damage caused by such motor vehicles in road accidents occurring in their respective territories.

8. Before going from the Republic of Lithuania to other Member States of the European Union, the users of motor vehicles normally based in the territory of the Republic of Lithuania shall have a valid insurance certificate certifying the conclusion of an insurance contract which is in compliance with the requirements of this Law.

Article 42. Principles of Control over Insurance of Motor vehicles Registered in the Republic of Lithuania

Having compared the data received from the institutions responsible for the registration and technical inspection of motor vehicles with the information available in its database about insured motor vehicles, the Bureau shall have the right to forward to the police the data on registered, but not insured motor vehicles. The police, after having receiving such information, shall impose, in accordance with the procedure established in the legal acts, administrative penalties on the person responsible for the conclusion of an insurance contract.

Article 43. Liability for Failure to Conclude Insurance Contract in conformity with this Law

1. Natural and legal persons responsible for the conclusion of an insurance contract who failed to conclude an insurance contract in conformity with this Law and the users of motor vehicles who do not have a valid insurance certificate or any other document certifying, in accordance with the legal acts of another state, the conclusion of an insurance contract shall be liable under the Code of Administrative Offences.

2. Application of sanctions shall not release from the obligation to conclude an insurance contract.