Compulsory insurance on behalf of the owner of the aircraft against liability for damages caused to third parties, passengers, baggage and cargo
The owner of the aircraft shall be obliged to conclude the insurance before the aircraft is used in traffic and to renew it as long as the aircraft is in use.
Insurance undertakings which are authorized in the Republic of Slovenia to conclude the compulsory insurance on behalf of the owner of an aircraft or other flight device against liability for damages are listed on the Agency for insurance supervision website.
The commander or other person authorized by the owner of the aircraft must have an insurance policy or other certificate of insurance, or proof of an appropriate insurance cover prior to the flight and during the flight in accordance with Regulation (EC) No 785/2004. The insurance policy shall be shown upon the request of an official who carries out an inspection or administrative-technical supervision in accordance with the applicable aviation regulations.
The owner of the aircraft shall conclude a liability insurance contract for damages caused to passengers, baggage, cargo and third parties caused by an aircraft registered in the Republic of Slovenia, during the flight or on the ground in accordance with the provisions of the Compulsory Motor Third-Party Liability Insurance Act (ZOZP) and Regulation (EC) No 785/2004.
The insurance contract shall be concluded by the owner of the aircraft in respect of the authorized commercial flight activities of the air carrier or aircraft operator or the authorized non-commercial flight activities of the aircraft operator during the commencement of the flight.
In the certificate of insurance, the insurance undertaking shall also indicate which insurance is covered and to what extent and that the insurance is concluded in accordance with Regulation (EC) No 785/2004.
Regulation (EC) No 785/2004 lays down minimum insurance requirements for air carriers and aircraft operators regarding:
- cargo and
- third parties.
Insurance in respect of liability for passengers, baggage and cargo
For liability in respect of passengers, the minimum insurance cover shall be 250000 SDRs per passenger. However, in respect of non-commercial operations by aircraft with a MTOM of 2 700 kg or less, the minimum insurance cover shall be 100000 SDRs per passenger.
For liability in respect of baggage, the minimum insurance cover shall be 1288 SDRs per passenger in commercial operations.
For liability in respect of cargo, the minimum insurance cover shall be 22 SDRs per kilogram in commercial operations.
Insurance in respect of liability for third parties
In respect of liability for third parties, the minimum insurance cover per accident, for each and every aircraft, shall be:
|Category||MTOM (kg)||Minimum insurance (million SDR)|
„SDR“ means a Special Drawing Right as defined by the International Monetary Fund.
If the air carrier or aircraft operator or the user fails to comply with the rules relating to compulsory insurance, the fines of EUR 1.251 to 25.037 EUR are prescribed in Article 45 of ZOZP.
This Regulation shall not apply to:
(a) State aircraft as referred to in Article 3(b) of the Convention on International Civil Aviation, signed at Chicago on 7 December 1944;
(b) model aircraft with an MTOM of less than 20 kg;
(c) foot-launched flying machines (including powered paragliders and hang gliders);
(d) captive balloons;
(f) parachutes (including parascending parachutes);
(g) aircraft, including gliders, with a MTOM of less than 500 kg, and microlights, which:
- are used for non-commercial purposes, or
- are used for local flight instruction which does not entail the crossing of international borders, in so far as the insurance obligations under this Regulation relating to the risks of war and terrorism are concerned.
- Aviation act (Official Gazette of the Republic of Slovenia No 81/10 — official consolidated text, 46/16 and 47/19);
- Compulsory Motor Third-Party Liability Insurance Act (Official Gazette of the Republic of Slovenia No 93/07 — official consolidated text, 40/12 – ZUJF, 33/16 – PZ-F in 41/17 – PZ-G);
- Regulation (EC) No 785/2004 of the European Parliament and of the Council of 21 April 2004 (OJ L 138, 30.4.2004, p.1), last amended by Commission Delegated Regulation (EU) 2020/1118 of 27 April 2020 amending Regulation (EC) No 785/2004 of the European Parliament and of the Council on insurance requirements for air carriers and aircraft operators (OJ L 243, 29.7.2020, p. 1–2).