Changes to the Motor Vehicle Liability Law (WAM)

The most important change is the extension of compulsory insurance to all locations, regardless of whether the vehicle is stationary or moving. A motor vehicle must therefore be insured in accordance with WAM even if it is on private property. There is no change to the rules on ‘vulnerable road users’, which means that they do not apply on private property.

Vehicles that are on private property and whose use on public roads is not permitted are exempt from compulsory insurance. The following are also exempt from compulsory insurance:

1. Motor vehicles that can be propelled mechanically with a maximum design speed of no more than 6 km/h and a maximum mass of no more than 100 kg (including battery weight).

1. Motor vehicles that can be propelled mechanically with a maximum design speed of more than 6 km/h but no more than 25 km/h and a maximum mass of no more than 25 kg (including battery weight).

1. Motorised wheelchairs exclusively intended for use by persons with a physical disability.

Note: the exemption from compulsory insurance under WAM does not mean an exemption from potential liability, so cover under Family Civil Liability or Business Operations Civil Liability insurance is still necessary.

Motor vehicles for purposes other than travel such as tractors, bulldozers or forklifts remain subject to compulsory insurance under WAM for driving risk, regardless of their mass and speed. Business Operations Civil Liability insurance is still required to cover the operating risk. Driving risk insurance may be arranged under Third-Party Vehicle or Business Operations Civil Liability policy, provided the cover complies with WAM.

• • Mobility scooters have fallen back within the scope of the WAM insurance obligation, regardless of their speed. There are two reasons for this: they weigh more than 25 kg and they are not exclusively intended for use by people with a disability.
  • The assessment of the WAM insurance obligation for electric bicycles will have to be performed on a case-by-case basis, depending on the exemptions listed above. As a general rule, though, you can assume that an electric bicycle or e-bike will be exempt, as the motor only works when you’re pedalling and the maximum speed and weight are usually less than 25 km/h and 25 kg respectively.
  • Heavier motorised bicycles such as cargo bikes usually weigh more than 25 kg and are sometimes equipped with a motor that provides driving power without any active pedalling being required. Because of this, they are subject to compulsory insurance. The same goes for speed pedelecs, for which cover in accordance with WAM will usually be required.