S.I. No. 347/1992:

EUROPEAN COMMUNITIES (ROAD TRAFFIC) (COMPULSORY INSURANCE) (AMENDMENT) REGULATIONS, 1992.

EUROPEAN COMMUNITIES (ROAD TRAFFIC) (COMPULSORY INSURANCE) (AMENDMENT) REGULATIONS, 1992.

The Minister for the Environment in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to Council Directive 72/166/EEC⁽¹⁾ as amended by Council Directive 84/5/EEC⁽²⁾ and Council Directive 90/232/EEC⁽³⁾ and to Council Directive 90/618/EEC⁽⁴⁾ hereby makes the following Regulations:--

⁽¹⁾ O.J. No. L103/1; 2/5/1972.

⁽²⁾ O.J. No. L8/17; 11/1/1984.

⁽³⁾ O.J. No. L129/33; 19/5/1990.

⁽⁴⁾ O.J. No. L330/44; 29/11/1990.

1. (1) These Regulations may be cited as the European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations, 1992.

(2) These Regulations and the European Communities (Road Traffic) (Compulsory Insurance) Regulations 1975 to 1987 shall be construed as one and may be cited together as the European Communities (Road Traffic) (compulsory Insurance) Regulations 1975 to 1992.

2. In these Regulations--

"the Act" means the Road Traffic Act, 1961 (No. 24 of 1961);

"the Regulations of 1975" means the European Communities (Road Traffic) (Compulsory Insurance) Regulations, 1975 ( S.I. No. 178 of 1975 );

"semi-trailer" means the drawn component of an articulated vehicle or a vehicle constructed or adapted for use as such drawn component;

"trailer" means a vehicle attached to a mechanically propelled vehicle (or to another vehicle attached to a mechanically propelled vehicle) or a vehicle constructed or adapted for the purpose of being drawn by a mechanically propelled vehicle.

3. (1) These Regulations, with the exception of articles 4, 5 and 8, shall come into operation on the 20th day of November, 1992.

(2) Articles 5 and 8 of these Regulations shall come into operation on the 1st day of January, 1993.

(3) Article 4 of these Regulations shall come into operation on the 31st day of December, 1995.

4. (1) Section 56 of the Act is hereby amended by the substitution of the following subsection for subsection 2A (as inserted by the Regulations of 1975)--

"(2A) An approved policy of insurance referred to in paragraph (a) of subsection (1) of this section shall extend to damages or costs on account of injury to persons or property incurred by the negligent use of a mechanically propelled vehicle by the user in any of the designated territories to the extent required by the law relating to compulsory insurance against civil liability in respect of the use of mechanically propelled vehicles of the territory where the damages or costs may be incurred, or to the extent required by this Part of this Act, whichever is the greater.".

(2) Section 62 of the Act is hereby amended by the substitution of the following paragraph for paragraph (cc) (as inserted by the Regulations of 1975)--

"( cc ) The liability of the insurer extends, in addition to the negligent use of the mechanically propelled vehicle in the State, to the negligent use of the vehicle in the designated territories according to the law relating to compulsory insurance against civil liability in respect of the use of mechanically propelled vehicles in force in those territories or to the extent required by this Part of this Act, whichever is the greater, and".

5. (1) Subsection (9) of section 56 of the Act (as inserted by the Regulations of 1975) is hereby substituted by the following subsection--

"(9) In this Part of this Act, subject to subsection (10) of this section, 'mechanically propelled vehicle' includes a semi-trailer or trailer (whether coupled or uncoupled to a mechanically propelled vehicle) used in a public place.".

(2) Section 56 of the Act is hereby amended by the insertion after subsection (9) of the following subsection--

"(10) Nothing in this Part of this Act shall be deemed to extend compulsory motor insurance cover to any person in or on a semi-trailer or trailer when used in a public place.".

6. The following section is hereby substituted for section 58 of the Act--

"58. (1) In this Act, "vehicle insurer" means, subject to subsection (1) of section 78 of this Act,--

( a ) an undertaking within the meaning of Article 2 (1) of the EC (Non-Life Insurance) Regulations 1976 ( S.I. No. 115 of 1976 ) as amended by Article 4 of the European Communities (Non-Life Insurance) (Amendment) (No. 2) Regulations 1991 ( S.I. No. 142 of 1991 ) which carries on a class 10 mechanically propelled vehicle insurance business in the State, or

( b ) a syndicate, within the meaning of section 3 of the Act of 1936, carrying on that business in the State.

(2) For the purpose of this section and section 78--

"class 10 mechanically propelled vehicle insurance business" means a mechanically propelled vehicle insurance business within the meaning of Section 3 of the Act of 1936 in relation to a risk classified under class 10 of Schedule 1 of the European Communities (Non-Life Insurance) Regulations 1976 ( S.I. No. 115 of 1976 ) but excluding carrier's liability;

"the Act of 1936" means the Insurance Act 1936 (No. 45 of 1936).".

7. (1) The following paragraph is hereby substituted for paragraph (a) of subsection (1) of section 65 of the Act--

"( a ) any person claiming in respect of injury to himself sustained while he was in or on a mechanically propelled vehicle (or a vehicle drawn thereby) to which the relevant document relates, other than a mechanically propelled vehicle, or a drawn vehicle, or vehicles forming a combination of vehicles, of a class specified for the purposes of this paragraph by regulations made by the Minister, provided that such regulations shall not extend compulsory insurance in respect of civil liability to passengers to--

(i) any part of a mechanically propelled vehicle, other than a large public service vehicle, unless that part is designed and constructed with seating accommodation for passengers, or

(ii) a passenger seated in a caravan attached to a mechanically propelled vehicle while such a combination of vehicles is moving in a public place.".

(2) The following paragraph is hereby added to subsection (2) of section 65 of the Act--

"( c ) "seating accommodation for a passenger" means--

(i) in the case of a vehicle other than a cycle, a fixed or folding seat permanently and securely installed in or on the vehicle, and

(ii) in the case of a cycle, a seat for one passenger behind the driver or a seat in a sidecar, in each case permanently and securely installed,

and "seating accommodation for passengers" shall be similarly construed.".

8. Section 72A of the Act (as inserted by the Regulations of 1975) is hereby amended by the substitution of "Motor Insurers' Bureau of Ireland" for "Irish Visiting Motorists' Bureau Limited".

9. The following section is hereby substituted for section 78 of the Act--

"78.--(1) A person shall not carry on a class 10 mechanically propelled vehicle insurance business in the State unless he is a member of the Bureau.

(2) A person shall not be an exempted person unless there is in force an undertaking by him in terms approved of by the Minister that he will deal with third-party claims in respect of mechanically propelled vehicles owned by him on terms similar to those standing agreed from time to time between the Minister and the Bureau in respect of the Bureau.

(3) The provisions of this section shall have effect notwithstanding any other provision of this or any other Act.

(4) In this section,

"the Bureau" means the Motor Insurers' Bureau of Ireland.".

GIVEN under the Official Seal of the Minister for the Environment, this 19th day of November, 1992.

MICHAEL SMITH,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations primarily give effect to certain provisions of the Third EC Directive on Motor Insurance -- Council Directive 90/232/EEC of 14th May, 1990 on the approximation of the laws of Member States relating to insurance against civil liability in respect of the use of motor vehicles (O.J. No. L129/33 of 19.5.1990).

The Regulations extend compulsory third party motor insurance cover to Irish registered vehicles being driven abroad in EC Member States or other designated territories on or after 31st December, 1995 up to--

( a ) the minimum legal cover required in the EC Member State or other designated territory; or

( b ) the minimum legal cover required in Ireland,

whichever is the more beneficial to the injured party.

At present, limit (a) applies. The primary effect of limit (b) will be to automatically extend, from the end of 1995 onwards, unlimited personal injuries cover to driving in EC Member States or other designated territories. The other "designated territories" are Austria, Czechoslovakia, Finland, Hungary, Norway, Sweden, and Switzerland.

The Regulations also extend compulsory insurance cover from visiting unaccompanied trailers to unaccompanied trailers registered in the State.

The Regulations further require insurers authorised in other EC Member States, who transact compulsory third party motor insurance business in Ireland, to be members of the Motor Insurers' Bureau of Ireland. This forms part of measures required to implement an EC Non-Life (Motor) Services Directive -- Council Directive 90/618/EEC of 8th November, 1990 (O.J. No. L.330/44 of 29.11.1990).