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Old 17.08.2020, 11:40
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Van insurance

Hi, is there anyone here who knows the rules when it comes to driving a vehicle in someone else's name out of Switzerland?
The issue is... I'm not a resident yet, I move to Kilchberg officially in September. i bought a van with my fiancee, and she has registered it today.
The insurance company say I can't have insurance because I'm not yet a resident, but I can drive on her insurance in Switzerland and to the UK. I need to drive to the UK to collect my belongings, and need to know if I'm still covered on her insurance in the UK. I'm being told conflicting things from different sources. The insurance she has says it's ok, but won't give me a document saying it's ok.
Any ideas???

Thank you.

Micheal.
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Old 17.08.2020, 12:07
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Re: Van insurance

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Hi, is there anyone here who knows the rules when it comes to driving a vehicle in someone else's name out of Switzerland?
The issue is... I'm not a resident yet, I move to Kilchberg officially in September. i bought a van with my fiancee, and she has registered it today.
The insurance company say I can't have insurance because I'm not yet a resident, but I can drive on her insurance in Switzerland and to the UK. I need to drive to the UK to collect my belongings, and need to know if I'm still covered on her insurance in the UK. I'm being told conflicting things from different sources. The insurance she has says it's ok, but won't give me a document saying it's ok.
Any ideas???

Thank you.

Micheal.
Any licensed driver will be covered for at least 3rd party risks, full cover will be restricted for new or young drivers depending what the insurance co have been told.

Who says you are not covered? Someone who has lived in the UK no doubt
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Old 17.08.2020, 12:18
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Re: Van insurance

It was an insurance agent from Zurich who said the law had changed in May.
I just don't want to get to the UK, and find out I'm not actually covered if anything should happen. Not that I'm expecting anything to happen. Better safe than sorry.
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Old 17.08.2020, 12:21
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Re: Van insurance

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It was an insurance agent from Zurich who said the law had changed in May.
I just don't want to get to the UK, and find out I'm not actually covered if anything should happen. Not that I'm expecting anything to happen. Better safe than sorry.
Ask him for a link to the actual law.
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Old 17.08.2020, 12:36
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Re: Van insurance

Is this a non CH resident driving a CH van outside of CH? Then I think insurance says it's fine, but isn't there something about using a CH reg as a non CH person outside of the borders with regards to customs/legality?
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Old 17.08.2020, 13:04
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Re: Van insurance

Indeed the problem is almost certainly not the insurance. In Switzerland, it's the vehicle that's covered by insurance, not specific drivers, so if the van is insured, that will be it.
However EU citizens are not allowed to bring CH-registered vehicles into the EU, because of customs regulations. It is probably possible to get the necessary customs paperwork to allow you to do this, but I have no idea where you could start looking.
On top of that, I don't know how Brexit affects this requirement. As the UK is no longer part of the EU (and hence of the customs union), in principle this requirement should no longer apply. However, YMMV.
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Old 17.08.2020, 13:33
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Re: Van insurance

Many issues:

Form 3rd party liability insurance point of view any licensed driver which is not under the influence of substances which drives the car with insurance holder consent is covered. It is the law (at least as far as I know).

Collision damage (a.k.a Kasko) might have other provisions as they are not governed by the law and can make their own conditions. But in most cases it is the same as for 3rd party insurance. Read the contract.

From holders point of view and potential assumed theft (were there is none) it might be wise to get a written statement that 3rd partz might use the car abroad. Here a multi language template:
https://www.zurich.ch/-/media/zurich...onen.pdf?la=de
The weary might get it notarized, which means you must sign it in front of a notary (costs around CHF 20) and super weary might even get an apostille on top of that (another CHF20). The apostille makes the notary 'valid' abroad.

From the customs point of view a resident of the customs area X might not simply bring goods, specially valuable goods, specially motor vehicles, into its own customs area X w/o following certain procedures, declaring said goods, get exemption from customs, and may be paying a security. Th UK is part of the EU customs area (till Brexit finely comes fully in force). The EU customs area more or less starts at the Swiss border (give or take some special oddities). If you do not follow the proper procedure it is considered smuggling, the car might be impounded, and a fine above the cars current value might be possible. This isn't just theory, people got stung.

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Relevant is Commission Delegated Regulation (EU) 2015/2446 in particular the mentioned Article 215.
Original version https://eur-lex.europa.eu/legal-cont...01.0001.01.ENG

Consolidated version 25/07/2019 https://eur-lex.europa.eu/legal-cont...R2446-20190725

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Use of means of transport by natural persons who have their habitual residence in the customs territory of the Union

(Article 250(2)(d) of the Code)

1. Natural persons who have their habitual residence in the customs territory of the Union shall benefit from total relief from import duty in respect of means of transport which they use privately and occasionally, at the request of the registration holder, provided that the registration holder is in the customs territory of the Union at the time of use.

2. Natural persons who have their habitual residence in the customs territory of the Union shall benefit from total relief from import duty in respect of means of transport which they have hired under a written contract and use privately for one of the following purposes:

(a) to return to their place of residence in the customs territory of the Union;
(b) to leave the customs territory of the Union.

2a. Natural persons who have their habitual residence in the customs territory of the Union shall benefit from total relief from import duty in respect of means of road transport which they have hired under a written contract concluded with a professional car hire service and which they use privately.

3. Natural persons who have their habitual residence in the customs territory of the Union shall benefit from total relief from import duties in respect of means of transport which they use commercially or privately provided that they are employed by the owner, hirer or lessee of the means of transport and that the employer is established outside that customs territory.

Private use of the means of transport is allowed for journeys between the place of work and the place of residence of the employee or with the purpose of performing a professional task of the employee as stipulated in the contract of employment.

At the request of the customs authorities, the person using the means of transport shall present a copy of the contract of employment.
None of the above exemptions apply to a Swiss car from a private individual driven by an EU resident, if the private individual remains in Switzerland.
Note: Please check current wording of Article 215 of the Commission Delegated Regulation (EU) 2015/2446. (looks like it is still the same)

I think you could use Article 215, paragraph 2, put you would need to draw up a car hire contract.

I think that covers all aspects. Feel free to add more details if I missed something.
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Old 17.08.2020, 14:07
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Re: Van insurance

Thanks guys.
I'm going to contact the embassy to see what rules apply to me driving a Swiss registered vehicle to and back from the UK.
The insurance is not a problem, but it's illegal to drive a Swiss registered vehicle anywhere in the EU unless you're a Swiss resident. Hopefully the embassy should have a form for me to fill out to make it right.
I'll keep you updated.
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Old 17.08.2020, 14:32
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Re: Van insurance

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but it's illegal to drive a Swiss registered vehicle anywhere in the EU customs area unless you're a Swiss resident Non-Eu customs area resident or got customs approval
Fixed. For example an Australian resident can drive a Swiss registered car in the EU customs area w/o any issue.
An Austrian, UK (till UK drops out of the EU customs area) need prior approval which is only granted in specific cases (Set the above mentioned Commission Delegated Regulation (EU) 2015/2446).

Once UK is no longer part of the EU customs area its own laws might have the same or similar provision which will apply for UK residents and the UK customs area.

Note: Switzerland has them as well. If you are a Swiss resident you can not simply bring in valuable goods without observing the proper procedures.
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Old 17.08.2020, 14:44
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Re: Van insurance

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Hopefully the embassy should have a form for me to fill out to make it right.
You might ask them directly about the procedure and formalities to be able to drive a Swiss car to your place of residence and back to Switzerland according Article 215(2) Commission Delegated Regulation (EU) 2015/2446.

You might also ask HMRC and/or the German Zoll.
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Old 18.08.2020, 17:57
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Re: Van insurance

Thanks everyone, for all the info.

I went through all your links, also contacted the embassy (who were no help at all). In the end I contacted the European zoll. If I pay European tax on the vehicle before I leave, I'm covered all through Europe.
It's a stupid law, which no one seems to know anything about. But if it's not adhered to, and the tax is not paid, they have the right to not only confiscate the vehicle, but they can crush it, and fine you the value of the vehicle plus whatever percentage the tax rate is on top.

I appreciate your input, thanks again

Micheal.
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Old 18.08.2020, 18:02
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Re: Van insurance

Usually, it's Austrian customs who is very relentless in pursuing offenders of these laws.


Never, ever try to cross the Austrian border in such a constellation.
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