Heavy Machinery and Government Vehicle Accidents
When the other party to an accident is a heavy truck or a car belonging to a government department, some questions change. Is the company or the driver liable? The ministry or the employee? Does the load matter? The office of Ali Barakat in al-Yarmouk, Baghdad, sets out what the texts say about these accidents.
Heavy vehicles in law
Article 1 of Traffic Law No. 8 of 2019 distinguishes a light vehicle, built to carry people or goods and weighing no more than two and a half tonnes, from a heavy vehicle, built to carry goods with an empty weight above two and a half tonnes, and from a bus designed for more than fourteen passengers. Each type has its licence class, and article 9 forbids driving on a licence that does not cover the vehicle type.
Loads
Article 25 penalises failing to cover a goods vehicle's load securely so that nothing flies off or falls, and exceeding the permitted height or loading beyond the sides as set by traffic police. Where a falling load causes an accident, the offence is evidence of fault. Under article 8 of Compulsory Motor Insurance Law No. 52 of 1980, the insurer may recover jointly from the insured and the driver where the vehicle carried more than its permitted load, was used outside its registered purpose, or was driven while unroadworthy.
The truck's owner company
Article 219 of Civil Code No. 40 of 1951 makes anyone running an industrial or commercial enterprise liable for harm its employees cause through wrongful acts in the course of service, unless it shows it took due care or that the harm would have happened anyway. A haulage company answers for its driver and may recover from him under article 220.
Injury to the truck driver himself
Sometimes the injured person is the heavy vehicle's own driver. Article 7 of the insurance law excludes, except in death cases, bodily injury to the driver unless it results from a collision or the vehicle overturning, and in that case compensation is due only under a final judgment. Trucks overturning because of their load fall within this provision.
State vehicles
The same article 219 covers government, municipalities and public service bodies. If a department's driver hits a citizen while on duty, the department can be claimed against alongside the driver. Article 20 of the Traffic Law lets departments give employees a service driving document for their vehicles based on a licence from the General Traffic Directorate, so the document does not replace the licence. Off duty, such as personal use of a government car, the court considers whether the in-service condition is missing.
Fines for state drivers
Article 29 covers fines that a driver of a state, public or mixed-sector vehicle fails to pay on time: the traffic office notifies the employer, which deducts the sum from salary and sends it on, and the fine is not doubled. Article 47 lets the Minister of Interior assign civilian plate numbers to government vehicles.
Insurance in both cases
Article 1 of the insurance law makes every car in Iraq automatically insured, with no distinction between private, government or heavy vehicles. Article 2 obliges the insurer to compensate death and bodily injury regardless of fault. Someone hurt by a truck or a government car starts where anyone else does: written notice to the insurer within one year. See Owner, driver and insurer liability.
The employee driver and his department
Once the department compensates the injured person, it may recover from the driver under article 220, and it may also take disciplinary action. Challenges to a department's decisions against its employee have their own time limits, covered in Administrative court appeal time limit.
Legal basis and sources
- Traffic Law No. 8 of 2019 (Official Gazette No. 4550 of 5/8/2019; correction notice in No. 4562 of 11/11/2019) — Articles 1, 9, 20, 25, 29 and 47
- Compulsory Insurance against Motor Vehicle Accidents Law No. 52 of 1980 (Official Gazette No. 2766 of 31/3/1980) — Articles 1, 2, 7 and 8
- Civil Code No. 40 of 1951 (Official Gazette No. 3015 of 8/9/1951) — Articles 219 and 220
Frequently asked questions
Do I claim from the government department or its driver?
The department can be claimed against for harm in the course of service under article 219 of the Civil Code, and may recover from the driver.
What is a heavy vehicle?
One built to carry goods with an empty weight above two and a half tonnes, under article 1 of the Traffic Law.
Are government cars covered by compulsory insurance?
Yes. Article 1 makes every car in Iraq automatically insured.
Related topics and articles
- 01Owner, Driver and Insurer LiabilityHow liability for a road accident is shared in Iraq between the registered owner, the driver, the employer and the insurer: the direct right, recovery, joint liability and cars sold on outside contracts.
- 02Civil Compensation Claim for a Traffic AccidentClaiming compensation for a road accident under the Iraqi Civil Code: material and non-material harm, dependants, the injured party's own fault, multiple wrongdoers, claiming before the criminal court, and limitation.
- 03Time limit for challenging a decision before the Administrative Judiciary CourtTime limits for a grievance and a claim before the Administrative Judiciary Court: thirty days to grieve, thirty to decide, sixty days to file
- 04Compulsory Motor Insurance and Traffic CompensationIraq Compulsory Motor Insurance Law No. 52 of 1980: automatic cover, no-fault compensation, driver injury, unidentified vehicles, notice period and limitation.
- 05Traffic Law: Offences and Vehicle ImpoundHow traffic fines work under Iraq Traffic Law No. 8 of 2019: the officer's authority, monitoring equipment, notice, doubling and reduction, impound, and licence withdrawal for repeat offences.