LAW 3651/ Government Gazette A the natural person or legal entity that 44/18 2008 has agreed a road assistance policy with a road assistance Provider. Road Assistance 5. Road Assistance Policy is the agreement for the provision of road Article 1 assistance by the provider to the Definitions beneficiary and is evidenced by a document issued by the provider. 1. “Road Assistance” is the activity 6. The amount of cover includes: relating to the execution of works in the a) The premium payable to the event of a road accident or vehicle insurance company for the provision of failure, due to which a vehicle is road assistance; immobilized or prevented from moving. b) The subscription fee payable to non- a. Such works consist of the following: insurance companies providing road i) On-site car repair works; assistance; ii) Vehicle transportation to the nearest c) The lump sum payable to a public or most appropriate workshop; crane company for a specific incident, iii) Vehicle transportation to a only for the hoisting, towage or workshop of the owner’s choice, and transportation of the immobilized transportation of the vehicle’s driver vehicle. and passengers to the nearest place In any other case, apart from where they can take other means of the above, the lump sum payable to the transport, at the choice of the road assistance provider is considered beneficiary, pursuant to the obligations as carriage fee, and collection thereof is undertaken under the Road Assistance prohibited by Art. 1 of L. 1959/1991 Policy. (Government Gazette 123 Α'). iv) The transportation of the vehicle and 7. Stations of stay and reloading its driver and passengers to their are the appropriately configured spaces residence, point of departure or their maintained by the road assistance original destination in , pursuant providers, where repair works are safely to the obligations undertaken by the executed under comfortable conditions road assistance provider. for the passengers of the damaged b. Road assistance can be also offered vehicles. at the stations of stay and reloading set 8. Road assistance associate out in para. 13 of Art. 2 hereof. providers are the road assistance c. Road assistance includes also providers operating in the , assistance to two-wheeled vehicles or which offer vehicle road assistance only tricycles. as associate contractors with the rest of 2. Road Assistance Providers are the the road assistance providers. natural or legal entities or consortiums of speculative or non-speculative Article 2 character, engaged in the provision of Obligations road assistance and which operate in the All road assistance providers: provision of road assistance according 1. Operate on a 24-hour and 365-day to the terms hereof. basis for mainland Greece and the Road Assistance Providers are island of Evoia. On the remaining classified as follows: islands, where they operate, they Α Independent Pan-Hellenic operate at least from 7:00 to providers, i.e. companies of any legal 23:00except from the islands of , form, providing road assistance to and as well as other vehicles by their own means islands that may be defined by decision exclusively. of the Minister of Transport and Β Mixed providers, i.e. Communication. companies of any legal form, providing 2. Provide instant and quality road road assistance not only by their own assistance; means but also through associate 3. Must obtain civil liability insurance providers; towards the road assistance C Heavy Vehicle Road beneficiaries, as far as the material Assistance Providers, i.e. companies damages and body damages that may providing road assistance exclusively to occur during the provision of road busses and trucks of over 3.5 tons. assistance. 3. Means of road assistance are the 4. Possess at least the following trucks material and mechanical equipment, per of gross weight over four (4) human resources and expendable tons, made (platforms, cranes) as materials used by the company for the follows: provision of vehicle road assistance. (a) In the Prefecture of eighteen 4. Road Assistance Beneficiary is (18) vehicles; (b) In the Prefecture of Thessalonica Mixed road assistant provider; seven (7) vehicles; b) In the Prefecture of Attica, at least (c) In each of the of Achaia, seventy (70) employees, at least 50% of , Corinth, Fthiotida, , whom must be mechanics or , , Halkidiki, Viotia and electricians drivers and the rest must be Aitoloakarnania, three (3) vehicles; drivers. Per day shift there must be d) In each of the remaining prefectures available (18) employees, at least 50% of mainland Greece and Crete as well as of whom must be mechanics or Evoia, two (2) vehicles. The prefectures electricians drivers and the rest must be of Evritania, Fokida and , are drivers for serving the customers even excluded and they are required to have during change of shifts. From 22:00 to only one (1) vehicle; 06:00 of the next day there will be e) In each of the islands of Rhodes, available at least eight (8) employees, Corfu, Lesvos, Zakinthos, Kefallonia, from whom at least 50% must be two (2) vehicles; mechanics or electricians drivers and f) In case the companies provide road the rest drivers for serving the assistance in other islands except from customers even during change of shifts. the above mentioned, the number of c) In the Prefecture of Thessalonica, at vehicles required will be defined by a least twenty seven (27) employees, at decision of the Minister of Transport least 14 of whom mechanics or and Communication; electricians drivers and the rest drivers. g) Apart from the above minimum At least eight (8) employees will be obilgatory number of vehicles, road available per day shift, at least 50% of assistance providers have the right to whom will be mechanics or electricians possess an unlimited number of drivers and the rest drivers. From 22:00 vehicles of any type which are to 06:00 next day there will be available authorized to circulate within the at least four (4) employees at least 50% European Union. of whom will be mechanics or Road assistance vehicle includes also electricians drivers and the remaining the agricultural tractors as well as will be drivers for serving customers specialised crawler tractors used to even during change of shifts. handle snow, ice, mud or sand, at the d) At least eleven (11) employees will provider’s choice. be available in each of the Prefectures The vehicles may be equipped with of Achaia, Corinth, Viotia, Pieria, hoisting or towage machinery and Fthiotida, Larissa, Aitoloakarnania, various first-aid tools or spare parts. Ioannina and Halkidiki, at least six (6) 5. The road assistance vehicles can also of whom must be mechanics or carry the driver and passengers of the electricians drivers and the remaining immobilized vehicle(s), depending on will be drivers. the number of available seats they have. e) At least seven (7) employees will be 6. All vehicles are exclusively used for available in each of the remaining the provision of road assistance Prefectures of mainland Greece, Crete pursuant to the provisions hereof. and Evoia, at least four (4) of whom 7. The licenses of trucks are valid will be mechanics or electricians drivers throughout Greece. and the remaining will be drivers, 8. The road assistance vehicles belong except from the Prefectures of to the ownership of the companies or by Evritania, Fokida and Grevena, where retention of ownership or under lease the number of mechanics or electricians agreements, in accordance with the drivers will be defined by a decision of applicable provisions. the Minister of Transport and 9. Road assistance providers shall use Communication. the minimum number of vehicles set f) At least seven (7) employees will be out in paragraph 4, evenly allocated available on each of the islands of throughout the respective areas and Rhodes and Corfu, at least four (4) of shall increase the minimum number of whom will be mechanics or electricians vehicles depending on their corporate drivers and the remaining will be needs in order to provide instant and drivers. quality assistance. g) At least five (5) employees will be 10. Road assistance providers are available on each of the islands of obliged to employ the following Lesvos, Zakinthos and Kefallonia, at technical personnel: least three (3) of whom will be a) At least one technical department mechanics or electricians drivers and director, who will be a mechanical the remaining will be drivers. engineer, graduate of a higher h) For companies providing road educational institute or university, who assistance to other islands except from will render his/her services mainly at the above, the number of mechanics or the headquarters of the Independent or electricians drivers will be defined by a decision of the Minister of Transport All the stations operating at the time and Communication. this law is issued, having a WC, as well i) Road assistance providers must as separate waiting rooms and space for employ at least one (1) mechanic or vehicle inspection and repair are electrician driver in each station of stay considered as stations of stay and and reloading they maintain. reloading regardless whether they cover In the above mentioned persons of this the minimum square meters required by paragraph can be included the owner or this paragraph. the owners of the company, provided 14. By joint decision of the Ministers of they have the necessary qualifications Economy and Financial Affairs and of defined in the following paragraph of Transport and Communication it is this article. possible to increase the number of 11.The mechanics or electricians Private-Use trucks vehicles of road drivers may be employed by the assistance over four (4) tons, the company under any kind of number of mechanics or electricians employment agreement and must have drivers and the number of the stations at least the following qualifications: of stay and reloading. a) Driver’s license of the respective Companies are obliged to increase the category, depending on the type of minimum required obligatory technical vehicle they drive; personnel and means depending on the b) Two-year minimum proven needs, so as to provide instant and experience in a car workshop, as car qualitative road assistance at all times. mechanics or electricians. 15.Insurance companies may provide In case they are graduates of a lower road assistance either in species or in level technical school, they must have money, whereas non-insurance at least one (1) year prior experience. companies of road assistance only in In case they are graduates of a higher species. technical school no prior experience is needed. Article 3 c) At the time of publishing of the Insurance companies providing road present law, any mechanics or assistance electricians drivers employed by road assistance providers (companies) shall 1.All domestic and foreign insurance be considered as mechanics or companies operating in Greece in sector electricians regardless of their prior 18 “Assistance” may offer road experience. Any one employed at any assistance to vehicles, pursuant to L.D. time by road assistance providers for a 400/1970 (Government Gazette 10 Α') minimum period of one (1) year may be and the present law. considered as mechanic or electrician 2. Insurance companies can offer road driver. assistance as follows: All road assistance providers must: a) By themselves as pan-Hellenic 12. Employ the minimum technical companies, provided they offer road personnel required by this article, assistance by their own means, in allocated according the area of activity. accordance with this law. The minimum technical personnel must b) By themselves as mixed, in have full-time or part-time employment accordance with Art. 5 hereof. contracts in order not to interrupt the c) By using other independent pan- continuous, on a 24-hour basis, Hellenic or mixed companies, insurance operation of the company. or not. 13. Must operate at least one (1) station 3. The insurance company is of stay and reloading in each Prefecture obliged to deliver a road assistance of mainland Greece as well as on the policy to the insured, containing all the islands they operate. company’s’ obligations and the The stations of stay and reloading must information set out in Art. 11 hereof. have: If the insurance company does not a) A ground level of at least 20 square employ its own means but co-operates meters, serving as office and waiting with another road assistance company, room; the policy must quote, besides the b) at least one (1) WC; information required by Art. 11 hereof, c) at least one telephone connection all the information of the pan-Hellenic line; road assistance company that it serves d) P/C; it. e) a wireless communication device If it is a mixed insurance company, the with the road assistance vehicles; policy must mention the details of its f) a staged ground space of at least 30 associates, according to Art. 5 hereof, square meters, with an inspection pit or who will provide the road assistance a hoisting engine. services. 4. Insurance companies which offer telephone numbers of the stations of road assistance by their own means, at stay and reloading they maintain and a the time of publication of the present, statutory declaration that these operate are obliged, within an exclusive in accordance with Art. 2 hereof; deadline of nine (9) months from the e) A copy of the road assistance policy publication of the present law, to delivered to their insureds; comply with its provisions pursuant to f) A copy of the agreement they might Art. 2 hereof. have with another insurance company If they don’t wish to adjust, they may on behalf of which they have continue to provide vehicle road undertaken the provision of road assistance, only if they enter into a assistance to its insureds; cooperation agreement with another g) A copy of the insurance policy for independent pan-Hellenic or a mixed professional liability and civil liability road assistance provider or with towards the beneficiaries of road associates providers, within an assistance; exclusive deadline of nine (9) months h) A list of their associates operating in from publication of the present law. various parts of Greece; If they do not wish to continue to i) A copy of the agreement signed provide vehicle road assistance, they between the insurance company and its must return to the beneficiaries any associates pursuant to Art. 5 hereof. non-accrued premiums and they must The audit of the competent authority for deliver the number plates of all vehicles this specific operation is completed by they possess for road assistance November 30th the same year. purposes. Where violations of the applicable 5. Insurance companies which offer provisions are ascertained, the vehicle road assistance, at the time of insurance company must comply within publication of the present, in two (2) months deadline from the cooperation with other road assistance receipt of the relevant notice by the providers and wish to continue their Administration, otherwise it shall be operations with other providers are instantly deprived of its permit as road obliged within an exclusive deadline of assistance provider only, it will deliver nine (9) months from the publication of the number plates of the road assistance the present law, to enter into contract vehicles and return any non-accrued with any vehicle road assistance premiums to the beneficiaries. provider of para. 2 of the present, 7. In case where insurance companies associate providers included. for the provision of road assistance If they do not wish to continue their cooperate with any road assistance operation they must instantly return any provider among those set forth in para. non-accrued premiums to the 2 hereof shall submit by October 31st beneficiaries. with the Private Insurance Supervisory 6. Insurance companies operating as Committee, the agreement they have independent or mixed providers of signed with the other company. vehicle road assistance are obliged by In case for any reason ceases the October 31st every year to submit to the operation of the other company that Private Insurance Supervisory provides road assistance, the insurance Committee, which is set up in company must immediately conclude a accordance with the provisions of L. new agreement with another provider of 3229/2004 (Government Gazette 38 road assistance, who holds a legitimate Α'), the following: permit or if it does not wish so, must a) Statutory declaration that their return the non-accrued premiums to the operation as vehicle road assistance beneficiaries. providers is in accordance with the 8. Insurance companies that do not present law; provide road assistance by their own b) Lists of the registration numbers of means and have concluded mutual vehicles they possess weighing over cooperation agreements with foreign four (4) tons and a statutory declaration companies for the service of the that the minimum required allocation of vehicles of their customers, whenever a vehicles is constant and in accordance vehicle of a foreign company’s with the provisions hereof; customer has a failure in Greece may c) Copies of certified work schedules accommodate those vehicles either from the employment inspection through the road assistance provider authority and a statutory declaration they cooperate with compensating him that they continuously occupy the per case or by using Public-Use cranes. required technical personnel according to Art. 2 hereof, allocated according to the present law; d) List of the exact addresses and Article 4 authority the following documentation: Independent pan-Hellenic companies a) Copies of the certified work schedules by the employment 1. As of the date of publication of the inspection authority and a statutory present law, the independent pan- declaration that it occupies the required Hellenic companies must have the technical personnel according to Art. 2 organization provided in Art. 2 of the hereof; present law. b) A copy of the insurance policy for 2. In order to grant a permit to an civil liability against the beneficiaries; independent pan-Hellenic road c) A copy of the road assistance assistance provider it is needed to contract signed with another insurance submit an application and the Articles company for the provision of road of Association of the interested assistance to its insureds; company to the Department of d) Copies of the car licenses of the Transports and Communications of the vehicles with gross weight over four (4) Prefecture where the company is seated, tons it possess; together with the following After the submission of the supporting documentation: documents, the competent authority a) A statutory declaration by the issues a permit for an independent pan- company’s legal representative that the Hellenic road assistance provider, operation of the road assistance which is valid for an indefinite period provided is in accordance with the of time. provisions of the present law; 4. By October 31st every year, starting b) List of the chassis numbers of the from the following year of its operation, vehicles it possess over four (4) tons the company must submit to the and a statutory declaration that the competent authority all the lists minimum required allocation of provided for in paragraphs 2 and 3 of vehicles will be constant and in the present article. accordance with the provisions of the Where the provisions of the law are not present law; satisfied, the independent pan-Hellenic c) List of the exact addresses and road assistance provider must comply telephone numbers of the stations of within two (2) months from the stay and reloading it maintains and a notification of the relevant document by statutory declaration that they will the administration, otherwise the operate in accordance with Art. 2 competent authority deprive its permit hereof; as an independent pan-Hellenic road d) A copy of the road assistance policy assistance provider and the company delivered to its subscribers; must deliver the number plates of all its e) A copy of the insurance policy for road assistance vehicles as well as civil liability against the beneficiaries; return the non-accrued subscription fees f) An abstract of criminal record of to the beneficiaries. general use of the company’s legal representative, evidencing that he has Article 5 never been irrevocably convicted for Mixed road assistance providers the crimes set forth in Art. 13 para. 1 hereof. 1. Mixed road assistance providers are g) Where the applicant is an insurance the companies of any legal form company, which is interested for a currently operating or about to operate permit as an independent pan-Hellenic in various prefectures of Greece, which road assistance provider, the above provide road assistance and which are documentation is submitted to the granted a permit of mixed road Private Insurance Supervisory assistance provider in accordance with Committee. the provisions of the present law. Within fifteen (15) days from the 2. These companies must operate or submission of the above mentioned operate in the future at least in the documentation, the competent authority Prefectures of Attica and Thessalonica grants a temporary permit for an by their own means as defined in Art. 2. independent pan-Hellenic road 3. These companies must have in the assistance provider, which is valid for areas they operate the organization, three (3) months. equipment and personnel provided by Upon issuance of the temporary permit, Art. 2 hereof. the company is granted all of the 4. Road assistance providers in vehicle licenses for the vehicles it operation at the time of publication of wishes to use. the present law may merge in order to 3. Within two (2) months from the form mixed companies or companies issuance of the temporary permit, the operating throughout the prefecture company must submit to the competent (associate providers). 5. In the prefectures where the of the present law, the mixed provider operation of a road assistance provider of road vehicle assistance will is obligatory under this law, if no immediately intervene to cover the area cooperation agreement has been signed itself. In the above mentioned case it with an associate provider, the notifies within three (3) working days candidate mixed provider must cover the authority that granted the permit, these areas by its own means and stating all the events, the evolution and operate itself in these prefectures. the new information (new addresses of 6. Within an exclusive deadline of nine the stations of stay and reloading, (9) months from publication of the telephone numbers and all other present the candidate mixed provider necessary information). must submit to the department of If it is an insurance company, which is Transports and Communications of the interested in obtaining a permit as a Prefecture, where it is seated, an mixed road assistance provider, the application along with a copy of its above documentation is submitted to Articles of Association and the the Private Insurance Supervisory following documentation: Committee. a) A statutory declaration of the 7. Upon submission of the above company’s legal representative that the documentation the competent road assistance operations it provides department grants a temporary permit are in accordance with the provisions of of mixed road assistance provider, with the present law; duration of three (3) months, which b) Lists of the chassis numbers and becomes final upon issue of the car registration numbers of the vehicles licenses for the company’s vehicles. over four (4) tons it might possess per 8. The road assistance policy for the region and a statutory declaration that subscribers is issued exclusively by the the minimum required allocation of mixed provider and not from the vehicles is constant and in accordance associate and is delivered within ten with the provisions of the present law; (10) working days, the latest, to the c) Copies of certified work schedules beneficiary from the company that by the employment inspection authority collected the subscription fee. and a statutory declaration that the 9. On extraordinary occasions, because provider occupies per region the of weather conditions, earthquakes, required technical personnel according heavy traffic during tourist season and to Art. 2 hereof; generally in circumstances requiring d) List of the exact addresses and additional support in certain areas of the telephone numbers of the stations of country, the mixed providers and their stay and reloading the company associates may transfer vehicles and maintains itself and a statutory personnel to best serve the needs for declaration that they operate in road assistance, provided that this does accordance with Art. 2 hereof; not leave other areas with less vehicles e) A copy of the road assistance policy or personnel than what is required delivered to the subscribers; according to the provisions of the f) A copy of any agreement possibly present law. signed with an insurance company The mixed provider that holds the whereby it undertakes to provide road permit must maintain auxiliary vehicles assistance to its insureds; and/or personnel to support the g) A copy of the insurance policy for associates and areas who are in need. civil liability against its beneficiaries On extraordinary occasions or in case subscribers; of failure of the vehicles of the h) Copies of the lists of associates, associates, the mixed provider may containing all the above mentioned temporarily provide its own vehicles to information pursuant to para. 7 of Art. their associates. 6; 10. By October 31st every year, starting i) A copy of the cooperation agreement from the year following the publication signed with the associate providers; of the present law, associates are j) An abstract of the criminal record of obliged to deliver in duplicate to mixed general use of the company’s legal road assistance providers the representative, evidencing that he has documentation set out in Art. 6 para. 7. never been irrevocably convicted for 11. By November 30th every year, the crimes referred to in para. 1 of Art. starting from the year following the 13 of the present law; publication of the present law, mixed k) A statutory declaration that if in the providers must submit to the competent future, in any area, the respective department of Transports and associate ceases the operation of the Communications of the Prefecture of company or is unable to provide road their seat, the documentation set out in assistance according to the provisions para. 6 and 7 hereof. For the mixed insurance companies, the d) An abstract of the criminal record of above documentation is submitted to general use of the company’s legal the Private Insurance Supervisory representative, evidencing that he has Committee. never been irrevocably convicted for In case the provisions of the law are not the crimes out in para. 1 of Art. 13 of met, the mixed road assistance provider the present law. must comply within two (2) months Within fifteen (15) days from from notification of the relevant submission of the above documentation document by the authorities, otherwise the competent authorities grant a the competent authority will deprive the temporary permit of associate road company of its permit and the company assistance provider, which is valid for must deliver the number plates of all of three (3) months. Upon issuance of the its road assistance vehicles as well as temporary permit, the company is return the non-accrued subscription fees granted the car licenses for the vehicles to the beneficiaries. it wishes to use. 12. All road assistance providers of any 3. Within two (2) months from the legal form, operating at the time of issuance of the temporary permit, the publication of the present law must company must submit to the comply with its provisions within an abovementioned authorities the exclusive deadline of nine (9) months following documentation: from its publication. In case of non- a) Copies of certified work schedules compliance within the six-month by the employment inspection authority deadline, vehicles’ registration numbers and a statutory declaration that it are immediately deprived and they are occupies the required technical obliged to immediate return the non- personnel according to Art. 2 of the accrued subscription fees to their present; beneficiaries. b) Copies of the car licenses of vehicles over 4 tons it possesses; Article 6 c) A copy of the co operation agreement Road Assistance Associate Providers signed with only one mixed road assistance provider. 1. Road assistance associate providers Once the aforementioned must acquire in the prefectures they documentation has been submitted, the operate the organization, equipment and competent department of Transports personnel of Art. 2 hereof. The and Communications issues a permit for inspection of the operation of the an associate road assistance provider, of associate providers is concluded by the indefinite period of time and the local Departments of Transports and temporary car licenses for the Communications of the country’s company’s vehicles are converted into prefectures, which grant the associates final. the permit to operate as associate road 4. By October 31st every year, starting assistance providers. from the following year of its operation, 2. In order to issue a permit to an the company must submit to the associate road service provider the competent department all the lists set interested company must submit an out in paragraphs 2 and 3 of the present application to the Department of article. Transports and Communications of the In case the provisions of the law are not Prefecture where the company is seated satisfied, the company must comply along with the following within a two (2) month deadline from documentation: the notification of the relevant a) A statutory declaration of the document by the authority, otherwise company’s legal representative that the the competent authority will operation of road assistance is in immediately deprive its permit and the accordance with the provisions of the company must deliver the number present law; plates of all of its road assistance b) Lists of the chassis numbers of the vehicles as well as return the non- vehicles over four (4) tons it possesses accrued subscription fees to their and a statutory declaration that the beneficiaries. minimum required allocation of 5. The associate providers must use on vehicles will be constant and in their vehicles of road assistance and the accordance with the provisions of the stations the distinctive title and present law; trademarks of the mixed providers they c) List of the exact addresses and cooperate with, in accordance with the telephone numbers of the stations of co-operation agreement signed between stay and reloading and a statutory them. declaration that they will operate in 6. Associate providers may provide accordance with Art. 2 of the present; road assistance only on account of the mixed provider, in accordance with the weight over (19) tons and personnel: agreement signed between them. a) In the Prefecture of Attica, three (3) 7. Associate providers must deliver to vehicles and at least nine (9) the mixed provider of road assistance employees, five (5) of whom must be the following documentation in mechanics or electricians drivers and duplicate: the remaining must be drivers; a) A statutory declaration by the b) In the Prefecture of Thessalonica, company’s legal representative that the two (2) vehicles and at least six (6) operation of road assistance they employees, 50% of whom at least must provide is in accordance with the be mechanics or electricians drivers and provisions of the present law; the remaining will be drivers; b) A copy of the operation permit as an c) In the rest Prefectures of the associate; mainland of Greece one (1) vehicle and c) Lists of the registration numbers of at least three (3) employees, two (2) of its vehicles over four (4) tons; whom at least must be mechanics or d) Copies of certified work schedules electricians drivers and the remaining by the employment inspection must be drivers; authority; d) If the providers operate on the e) List of the exact addresses and islands one (1) vehicle and at least three telephone numbers of the stations of (3) employees, two (2) of whom must stay and reloading it maintains and a be mechanics or electricians drivers and statutory declaration they operate in the remaining must be drivers. accordance with Art. 2 hereof; 2. In case the company’s services are f) A copy of the insurance policy for not restricted only to the provision of civil liability against its beneficiaries; heavy vehicle road assistance, the g) An abstract of the criminal record of remaining provisions of this law are general use of the company’s legal applied depending on the type of representative, evidencing that he has business conducted. never been irrevocably convicted for the crimes out of those set forth in para. Article 8 1 of Art. 13 hereof. Provision of road assistance within 8. The road assistance providers Greece operating already within a prefecture, at the time of publication hereof, must 1. It is prohibited to attempt to identify comply with the provisions of the or restore the damage on highways or present article within a deadline of nine express roads, except from tyre (9) months from the publication of the replacement with the reserve wheel of present law. the vehicle (reserve) or fuel supply, If within the above mentioned deadline, when the vehicle is immobilized due to a company, already operating within the lack of fuel. prefecture, fails to submit the above 2. In any other case, the vehicle documentation or does not have the presenting a failure on a highway or provided by the law organization it express road must be instantly towed or must: loaded by the road assistance provider a) Cease its operation; and transferred to the nearest parking b) Deliver the registration numbers of area of the road, or to the stations of all of its vehicles; stay and reloading or to places off road, c) Return the non-accrued subscription where the circulation of other vehicles fees to its beneficiaries. is not hindered and where it is possible In this event, the mixed provider must to further identify the damage and instantly cover itself the area, in possibly restore it accordance with the provisions of this 3. In all cases the following measures law. must be taken to avoid accidents: Article 7 a) The warning triangle or other sign Heavy Vehicle Road Assistance owned by the company must be placed; Providers b) The road assistance vehicle must have its revolving lights on at all times; 1. Heavy vehicle road assistance c) The road assistance vehicle must be providers, either insurance or non- placed behind the immobilized vehicle, insurance companies, independent or except during towage or loading. mixed companies, must have the 4. If the incident has occurred at a organization set out in Art. 2 hereof, particularly dangerous point of the road, except from the vehicles of para. 4 and the local traffic police authorities are the personnel of para.10 sections b to j, notified. instead of which they must possess at 5. If the immobilized vehicle is not least the following specialized insured or subscribed with a road (platforms, cranes) lorries of gross assistance provider, it can only be served by the non-insurance companies (50.000) inhabitants, the vehicles set road assistance providers. out in Art. 2 hereof must be allocated in In this case, the owner of the vehicle various nodal points on a 24-hour basis, must be subscribed with the provider in so as to provide instant road assistance. accordance with the provisions hereof, The circulation of vehicles must not be at least for one (1) year. If the particular hindered in the areas where road provision of road assistance incurs a assistance vehicles are parked. pecuniary cost for the company to When the identification and possibly approach or transfer the vehicle, a lump repair of the damage that has sum is paid to the company by the immobilized a vehicle is time owner or driver of the vehicle as agreed consuming and the circulation of other between the two sides (owner or driver vehicles is hindered, the damaged of the vehicle and road assistance vehicle shall be instantly transferred to provider). In order to pay such lump an appropriate place for identification sum, the owner of the vehicle must of the damage and repair. previously subscribe with the road 9. All road assistance vehicles bear assistance provider. security revolving lights. If the vehicle’s owner or driver does not 10. When the vehicle is transferred to wish to subscribe with the road the place desired by the beneficiary, the assistance provider or objects to the road assistance provider is discharged payment of the lump sum for the from its obligation towards the specific assistance provided, it shall be beneficiary as regards to the specific exclusively served by public crane incident. companies. If the beneficiary requests further Public cranes are prohibited to identify transfer, such transfer is not considered or repair any damage that caused as road assistance and may be carried immobilization of the vehicle. They can out only by a public crane company. only hoist, tow or transfer the vehicle. 6. All road assistance providers may use public crane companies to hoist, tow or transfer the vehicles of their insureds and subscribers, compensating them accordingly themselves, based on the obligations undertaken by the agreement. The provisions of this law shall apply without prejudice to the right of the traffic police or the owner of the vehicle which suffered a damage or an accident, to assign the vehicle’s transfer to public use cranes. 7. Vehicles bearing foreign number plates which are immobilized within the Greek and are in need of road assistance, without being insured or subscribed with a road assistance provider operating in Greece, are served by non-insurance companies of road assistance or by public cranes. In this case, the service by the Greek road assistance provider is offered without the conclusion of a road assistance policy but through the payment to the provider of a lump sum after an agreement between the provider and the driver of the immobilized vehicle. The amounts for the provision of road assistance of this type are freely arranged, but they have to be in accordance with the market rules, the operation cost, the reasonable cost and the prices applying to similar incidents in other European countries. 8. In the prefecture of Attica, Thessalonica and in any with a population of over fifty thousand Article 9 amount of premium payable for road Provision of road assistance outside assistance exclusively. of Greece 2. It is prohibited to freely offer road assistance from any form or type road 1. The road assistance providers of Art. assistant provider operating in Greece 1 hereof may provide road assistance as well as the advertisement of such outside of Greece either by themselves offer in any way or means. or through reciprocity agreements with 3. The observance of the terms of this similar companies operating in other article and for the issues of its countries. competence, responsible is the Hellenic 2. If the damage is irreparable, the Competition Commission. foreign provider may transfer the vehicle and its passengers up to a point Article 11 or even to Greece, in accordance with Road Assistance and Cooperation the provisions of the applicable Agreements reciprocity agreement. 3. The road assistance provider may go 1. The road assistance policies to the country where the incident delivered to the beneficiaries must at occurred and try to repair the vehicle or least include: transfer itself the vehicle and its driver a) The provider’s name, registered and passengers to Greece, in office and Tax Number; accordance with the obligations arising b) The vehicle’s owner or beneficiary, from the applicable reciprocity depending on the cover scheme agreement. selected; 4. Greek road assistance providers offer c) The vehicle’s registration number; vehicle road assistance to the customers d) The services provided in full detail; – visitors of similar foreign companies e) A detailed analysis of the kind of whose vehicles are immobilized in road assistance provided by the Greece, only by virtue of reciprocity company through reciprocity agreements. The services rendered are agreements with other countries; those set forth in the reciprocity f) The exact addresses of all stations of agreement. stay and reloading throughout the Greek territory; Article 10 g) The addresses and telephone Subscription Fee – Premium numbers of the foreign providers with which the company has signed 1. The amount of premium for road reciprocity agreements; assistance payable to insurance h) The policy’s date of signature, companies is freely negotiable, under duration and the amount of the the following conditions: subscription fee or premium. a) The premium must be at least 2. In case of an agreement by a proportionate to the operating costs mixed road assistance provider it must incurred by the road assistance sector contain the full data of its associate who and it must not prompt unfair collected the subscription fee and competition towards other road whose customer is the subscriber. assistance providers. This condition 3. The agreement is valid provided also applies to the amount of the that the subscriber or the insured has subscription fee. fulfilled his financial obligations. It will b) The premium must not be under- be extended for one (1) month after its priced and supplemented by external expiry if the beneficiary is absent and resources, as defined in Art. 54 last collection is not possible. section of Directive 92/49/EEC and in 4. In case the provision of road the provisions of the last section of assistance to the subscribers of a road para. 3 of Art. 30 of L.D. 400/ 1970 assistance provider or the insureds of an (Government Gazette 10 Α-). insurance company is assigned to c) It is prohibited to under-price the another provider or associate provider premium and the use of road assistance in Greece, such other provider or as a motive to increase the insurance associate provider it is prohibited to be company’s income through other compensated per case and after the activities, the profits from which will incident has occurred. The pre-agreed cover the difference of the low fee can be payable as a fixed lump sum premium paid for road assistance or any or in installments, so as to ensure the losses arising from such activity. credibility of the other provider or d) The insurance companies engaged in associate provider. The same applies sector 18 “Assistance” which offer road when the company that has the means assistance much estimate and quote and the road assistance permit separately in the insurance policy the undertakes towards another company of road assistance the obligation to provide b) from five thousand (5.000) to ten road assistance in other countries too in thousand (10.000) euro to those accordance with the terms hereof. presenting false data to the competent To that effect an agreement is signed, state authorities; which contains the details of the c) from two thousand (2.000) to five cooperation and all the mutual thousand (5.000) euro to the associate obligations, including the financial providers of para. 8 of Art. 1 hereof ones. presenting false data to the road assistance provider with whom they Article 12 contractually cooperate; Road Assistance Agreements for d) from five thousand (5.000) to twenty group coverage of fleets thousand (20.000) euro and permanent revocation of the vehicle’s license for 1. It is possible to enter into a road each violation of section 2 ( c) hereof, assistance agreement for road assistance par. 6 of Art. 1; of fleets of vehicles owned by legal e) from five thousand (5.000) to twenty entities of Art. 1 hereof, either within thousand (20.000) euro for each the scope of European road assistance violation of the provisions of Art. 10; schemes or within the scope of f) from five thousand (5.000) to twenty cooperation with natural persons and thousand (20.000) euro to road legal entities who own such fleets. assistance providers of any form as well 2. The fee payable for the provision as their associates, who fail to perform of such road assistance will be defined or duly perform their obligations under by the agreements signed between the the law. road assistance providers of Art. 1 2. A joint decision of the hereof and the natural persons and legal Ministers of Economy and Financial entities set out in para. 1 of this Article. Affairs and of Transport and Communication will define the amount Article 13 payable of the fines for the above Granting of Permits breaches when there is a relapse, the procedure of their collection as well as 1. The road assistance permits provided any other relevant detail. The for herein are not granted if the natural administrative fines are collected in person or the legal representative of the accordance with the provisions of the company has been irrevocably State Revenue Collection Code (L.D. convicted for smuggling, drug use or 356/1974, Government Gazette 90 Α'). trafficking, human trafficking, homicide 3. The above administrative fines by intention, attempted homicide, fraud, are imposed either by the competent theft, forgery, use of forged documents, Prefect or by the Private Insurance robbery, desertion, misappropriation, Supervisory Committee, as the case usury, bribery or if the natural person or may be. company have been declared bankrupt. 2. The road assistance providers Article 15 operating in accordance with the Authorizations - abolished provisions provisions of this law will be granted by the competent Departments of 1. The inspection bodies and inspection Transports and Communications of the procedures applicable to the Greek prefectures an unlimited number of car Road Assistance Providers are defined licenses, through the payment of a lump by decision of the Minister of Transport sum contribution in favor of the State, and Communication and the competent in accordance with paras. 2 and 3 of Minister. Art. 2 of L.1959/1991 (Government 2. Ministerial Decision Nr Gazette 123 Α') as far as Private –Use Α2/39773/6957/91 (Government Lorries is concerned. Gazette 955 Β') is hereby abolished.

Article 14 Article 16 Sanctions Date of Effect 1. An administrative fine is This Law shall enter into force as of the imposed of: date of its publication in the a) from ten thousand (10.000) to fifty Government Gazette except from Art. thousand (50.000) euro to those 14, which will enter into force from providing road assistance without the 1.1.2010 relevant permit;

In , March 17, 2008