European Communities (Motor Insurance) Regulations 2008

• Statutory Instrument No.: 248/2008
• Published date: 08 July 2008

S.I. No. 248 of 2008

EUROPEAN COMMUNITIES (MOTOR INSURANCE) REGULATIONS 2008

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 8th July, 2008.

I, NOEL DEMPSEY, Minister for Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purposes of giving effect to Directive No. 2005/14/EC of the European Parliament and of the Council of 11 May 2005 1 , hereby make the following regulations:

Citation

1. These Regulations may be cited as the European Communities (Motor Insurance) Regulations 2008.

Compulsory Motor Insurance

2. Section 56 of the Road Traffic Act 1961 is amended—

(a) in paragraph (a) of subsection (1), by deleting “(exclusive of the excepted persons)”,

(b) in subsection (2) (inserted by Regulation 3(1) of the European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 1995 ( S.I. No. 353 of 1995 )) by substituting for paragraph (a) the following:

“(a) it may, in so far as it relates to injury to property, be limited to the sum of €1,000,000 per claim, whatever the number of victims,”, and

(c) by substituting for subsection (7) (inserted by Regulation 3 of European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 2001 ( S.I. No. 463 of 2001 )) subsection (8) (inserted by Regulation 4(2) of the European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 1987 ( S.I. No. 322 of 1987 )) and subsections (9) and (10) (inserted by the European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 1992 ( S.I. No. 347 of 1992 )) the following:

“ (8) In this Part a reference to the territory in which a vehicle is normally based is a reference to—

(a) the territory of the state of which the vehicle bears a registration plate, irrespective of whether the plate is permanent or temporary,

(b) in a case where no registration plate is required for a type of vehicle, but the vehicle bears an insurance plate or a distinguishing sign analogous to the registration plate, the territory of the state in which the plate or sign is issued, or

(c) in a case where a registration or insurance plate or distinguishing sign is not required for a vehicle, the territory of the state in which the person who has custody of the vehicle is resident.

(9) In this Part—

‘designated territories’ means the territories of the Member States (other than the State) and Croatia, Iceland, Norway and Switzerland;

‘mechanically propelled vehicle’ includes a semi-trailer or trailer when used in a public place.”.

3. Section 62 of the Road Traffic Act 1961 is amended—

(a) in subsection (1) by—

(i) in paragraph (b) by deleting “(exclusive of the excepted person)”,

(ii) in paragraph (c) by deleting “and” after “insurance”,

(iii) by substituting for paragraph (ii) (inserted by Regulation 4(2) of the European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 1992 ( S.I. No. 347 of 1992 )) the following:

“(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...