Chapter V Miscellaneous Provisions
第五章 雑則
Article 82-3Release from Liability If There Are Multiple Contracts
第八十二条の三(重複契約の場合の免責)
If two or more contracts for liability insurance or mutual liability insurance have been concluded for the same automobile, the insurer or cooperative is released from the liability to indemnify for damage, pay damages under Article 16, paragraph (1) (including as applied mutatis mutandis pursuant to Article 23-3, paragraph (1)), or make a provisional payout under Article 17, paragraph (1) (including as applied mutatis mutandis pursuant to Article 23-3, paragraph (1)) (in the following paragraph, referred to as "indemnity for damage or other payment"), under any contract other than the earliest-concluded contract, in connection with an accident arising from the operation of an automobile during a coverage period or period of coverage under mutual insurance that overlaps with the earliest-concluded contract's coverage period or period of coverage under mutual insurance.
In a case as referred to in the preceding paragraph, if there are multiple contracts that constitute the earliest-concluded contract as referred to in that paragraph, an insurer or the cooperative that has concluded one of those contracts is released from the liability to provide an indemnity for damage or other payment beyond the amount arrived at when the amount payable as an indemnity for damage or other payment under that contract is divided by the number of contracts.
Unless an insurer, cooperative, or injured party is aware that the contract under which a claim has been made is not an earliest-concluded contract as referred to in paragraph (1), if, on receipt of a claim for damages under Article 16, paragraph (1) (including as applied mutatis mutandis pursuant to Article 23-3, paragraph (1)) or for a provisional payout under Article 17, paragraph (1) (including as applied mutatis mutandis pursuant to Article 23-3, paragraph (1)) (hereinafter referred to as the "payment of damages or a provisional payout" in this and the following paragraph), the insurer or cooperative makes a payment of damages or a provisional payout as a benefit under a contract other than the earliest-concluded contract as referred to in paragraph (1), it acquires the rights that the injured party holds against the person that is liable to compensate for the damage, and it also loses the right to demand the return of that benefit from the injured party, to the extent of the benefit it has paid.
保険会社又は組合は、第一項の締結した時が最も早い契約以外の契約に関して第十六条第一項(第二十三条の三第一項において準用する場合を含む。)の規定による損害賠償額の支払又は第十七条第一項(第二十三条の三第一項において準用する場合を含む。)の規定による仮渡金の支払(以下この項及び次項において「損害賠償額等の支払」という。)の請求があつた場合において、損害賠償額等の支払として給付をしたときは、保険会社若しくは組合又は被害者が当該請求に係る契約が第一項の締結した時が最も早い契約以外の契約であることを知つていた場合を除き、その給付をした額の限度において、被害者が損害賠償の責任を有する者に対して有する権利を取得するとともに、被害者に対してした給付の返還を請求する権利を失う。
The preceding paragraph applies mutatis mutandis if an insurer or cooperative pays, as a payment of damages or a provisional payout, an amount of money that, pursuant to paragraph (2), it is to be released from the liability to pay under an earliest-concluded contract as referred to in paragraph (1). In such a case, the term "that the contract under which a claim has been made is not an earliest-concluded contract as referred to in paragraph (1)" in the preceding paragraph is deemed to be replaced with "that, in addition to the contract under which a claim has been made, there is another contract that constitutes an earliest-concluded contract as referred to in paragraph (1)" and "the benefit it has paid" is deemed to be replaced with "the amount of money that, pursuant to paragraph (2), it is to be released from the liability to pay".
Article 83Operational Administration
第八十三条(業務の管掌)
The Minister of Land, Infrastructure, Transport and Tourism administers operations for the government's Program for Automobile Accident Countermeasures.
政府の自動車事故対策事業の業務は、国土交通大臣が管掌する。
Article 84Delegation of Authority
第八十四条(権限の委任)
The Prime Minister delegates the authority under this Act (other than that which Cabinet Order prescribes) to the Commissioner of the Financial Services Agency.
内閣総理大臣は、この法律による権限(政令で定めるものを除く。)を金融庁長官に委任する。
It is permissible to have the director of a regional transportation bureau implement the things that, pursuant to Article 10-2, the preceding Chapter, and Article 85, are subject to the authority of the Minister of Land, Infrastructure, Transport and Tourism, pursuant to Cabinet Order.
Article 84-2Prohibited Actions
第八十四条の二(禁止行為等)
It is prohibited for any person to forge or alter an insurance sticker, mutual insurance sticker, or insurance/mutual insurance exemption sticker, or to use any such forged or altered item, with the intent to utter it.
何人も、行使の目的をもつて保険標章、共済標章若しくは保険・共済除外標章を偽造し、若しくは変造し、又は偽造若しくは変造に係るこれらの物件を使用してはならない。
It is prohibited for any person to manufacture an item whose appearance could cause it to be confused with an insurance sticker, mutual insurance sticker, or insurance/mutual insurance exemption sticker, or to use any such item, with the intent to utter it.
何人も、行使の目的をもつて保険標章、共済標章若しくは保険・共済除外標章に紛らわしい外観を有する物件を製造し、又はこれらの物件を使用してはならない。
Other than in a case under this Act or if there are otherwise legitimate reasons for doing so, it is prohibited for any person to issue an insurance sticker or mutual insurance sticker to another person.
何人も、この法律の規定による場合その他正当な理由がある場合を除き、保険標章又は共済標章を他人に交付してはならない。
Order of the Ministry of Land, Infrastructure, Transport and Tourism prescribes the particulars with which insurers and cooperatives must comply to ensure the proper issuance of insurance stickers and mutual insurance stickers.
Article 85Presentation of Certificate
第八十五条(証明書の提示)
On finding that it is necessary to do so in order to achieve the purpose referred to in Article 1, the Minister of Land, Infrastructure, Transport and Tourism may have the relevant officials require any person driving an automobile to present certificate of automobile liability insurance or certificate of mutual automobile liability insurance, on the road or at any other place where the automobile is located.
An official as referred to in the preceding paragraph must carry identification and present it at the request of any person concerned.
前項の職員は、その身分を示す証明書を携帯し、関係者の請求があつたときは、これを提示しなければならない。
Article 85-2Delegation to Cabinet Order
第八十五条の二(政令への委任)
Beyond what is provided for in this Act, Cabinet Order prescribes the necessary particulars for bringing this Act into force.
この法律に規定するもののほか、この法律の実施のため必要な事項は、政令で定める。
In exercising the authority provided for in this Act, the Minister of Land, Infrastructure, Transport and Tourism must endeavor to ensure that there is no lack of protection for injured parties.
国土交通大臣は、この法律に規定する職権の行使にあたつては、被害者の保護に欠けることがないように努めなければならない。