European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations, 1992

JurisdictionIreland
Year1992
CitationIR SI 347/1992

S.I. No. 347 of 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 Citations.

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 Definitions.

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 Commencement.

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 Minimum Cover.

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 Semi-trailer or trailer.

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...

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