Mandatory Insurance

Table of Contents

ROAD TRAFFIC ACT 1961

REVISED

Updated to 16 May 2023

AN ACT TO MAKE PROVISION IN RELATION TO MECHANICALLY PROPELLED AND OTHER VEHICLES, THE REGULATION AND CONTROL OF ROAD TRAFFIC AND THE USE OF MECHANICALLY PROPELLED VEHICLES FOR THE CARRIAGE OF PASSENGERS, TO MAKE PROVISION FOR COMPULSORY INSURANCE AGAINST LIABILITIES ARISING FROM THE USE OF MECHANICALLY PROPELLED VEHICLES, TO REPEAL THE ROAD TRAFFIC ACT, 1933, AND CERTAIN OTHER ENACTMENTS, TO AUTHORISE CERTAIN CHARGES AND TO MAKE PROVISION FOR OTHER MATTERS CONNECTED WITH THE MATTERS AFORESAID. [29th July, 1961.]

BE IT ENACTED BY THE OIREACHTAS AS FOLLOWS:—

Section 3

Interpretation.

3.—(1) In this Act, save where the context otherwise requires—

“ancillary disqualification order” has the meaning specified in subsection (1) of section 27;

“appointed stand” has the meaning specified in subsection (1) of section 84;

“appointed weighbridge” has the meaning specified in subsection (1) of section 15;

“approved guarantee” has the meaning specified in section 63;

“approved policy of insurance” has the meaning specified in section 62;

“built-up area speed limit” has the meaning specified in subsection (4) of section 45;

“certificate of competency” has the meaning specified in subsection (4) of section 33;

“certificate of fitness” has the meaning specified in subsection (4) of section 34;

“certificate of exemption” has the meaning specified in section 68;

“certificate of guarantee” has the meaning specified in subsection (2) of section 66;

“certificate of insurance” has the meaning specified in subsection (1) of section 66;

“combination of vehicles” means a mechanically propelled vehicle and a vehicle or vehicles drawn thereby;

“the Commissioner” means the Commissioner of the Garda Síochána;

“consequential disqualification order” has the meaning specified in subsection (1) of section 26;

“contravenes” includes refuses or fails to comply with, and “contravention” shall be construed accordingly;

F1[“detachable disc” means that part of a test certificate, for the time being in force in respect of a vehicle, which may be detached from the certificate to be affixed to the vehicle;]

“driving” includes managing and controlling and, in relation to a bicycle or tricycle, riding, and “driver” and other cognate words shall be construed accordingly;

F2[“driving licence” means—

(a) an Irish driving licence, or

(b) a foreign driving licence;]

F1[“EU roadworthiness certificate” in relation to a vehicle means a roadworthiness certificate within the meaning of the Roadworthiness Directive issued by a Member State competent authority or a Member State testing centre which has not expired or otherwise been cancelled or revoked and, insofar as the frequency intervals for vehicle testing are concerned, is still valid by reference to the frequency intervals prescribed by regulations made under section 18 for tests of mechanically propelled vehicles;]

F3[“European Economic Area” means the European Economic Area created by the Agreement on the European Economic Area signed at Oporto on 2 May 1992, as amended for the time being]

“footway” means that portion of any road which is provided primarily for the use of pedestrians;

F4[“foreign driving licence” means a licence or permit to drive a mechanically propelled vehicle—

(a) in respect of a category of vehicle referred to in the European Communities (Recognition of Driving Licences of Other Member States) Regulations 2008 (S.I. No. 464 of 2008) issued by the competent authority of another Member State or a member state of the European Economic Area, but does not include a licence or permit so issued to a person to enable the person to learn to drive or provisionally to drive a F5[vehicle,]

(b) recognised by an order made under section F5[23A(1), or];]

F6[(c) recognised by an order under section 23B;]

F7[“general speed limit” means a speed limit under section 44A of this Act;]

“hire-drive agreement” means, in relation to a mechanically propelled vehicle, an agreement under which the vehicle is hired from its registered owner, other than—

(a) a hire-purchase F8[or letting] agreement,

(b) an agreement merely for the carriage of persons or goods, or

“the insured” has the meaning assigned to it in paragraph (a) of subsection (1) of section 62;

F9[“Irish driving licence” means a driving licence (within the meaning of section 22(1)) granted by a licensing authority under section 23; ]

“large public service vehicle” means a public service vehicle having seating passenger accommodation for more than eight persons exclusive of the driver;

“mechanically propelled vehicle” means, subject to subsection (2) of this section, a vehicle intended or adapted for propulsion by mechanical means, including—

(a) a bicycle or tricycle with an attachment for propelling it by mechanical power, whether or not the attachment is being used,

(b) a vehicle the means of propulsion of which is electrical or partly electrical and partly mechanical,

but not including a tramcar or other vehicle running on permanent rails;

F1[“Member State competent authority” means an authority or public body in a Member State, other than the State, with responsibility for managing the system of roadworthiness testing in that Member State, including, where appropriate, the carrying out of roadworthiness tests for the purposes of the Roadworthiness Directive;

“Member State testing centre” means a public or private body or establishment in a Member State, other than the State, authorised to carry out roadworthiness tests in that Member State for the purposes of the Roadworthiness Directive;]

F10[“Minister” means Minister for Transport;]

“mobile weighbridge” has the meaning specified in subsection (7) of section 15;

F8[“motorway” has the meaning assigned to it by the Roads Act, 1993;]

F8[“motorway speed limit” has the meaning assigned to it by section 44B (inserted by the Road Traffic Act, 1994) of this Act;]

“omnibus” means a large public service vehicle which is for the time being used on a definite route for the carriage of passengers who are carried at separate fares and are picked up and set down along such route whether on request or at fixed stopping places;

“ordinary speed limit” has the meaning specified in subsection (3) of section 44;

F11[“owner”, when used in relation to a mechanically propelled vehicle, trailer or semi-trailer which is the subject of a hire-purchase agreement or letting agreement, means the person in possession of the vehicle under the agreement;]

“park”, in relation to a vehicle, means keep or leave stationary, and cognate words shall be construed accordingly;

“parking place” has the meaning specified in paragraph (a) of subsection (2) of section 90;

“pedal bicycle” means a bicycle which is intended or adapted for propulsion solely by the physical exertions of a person or persons seated thereon;

“pedal cycle” means a vehicle which is a pedal bicycle or pedal tricycle;

“pedal cyclist” means a person driving a pedal cycle;

“pedal tricycle” means a tricycle which is intended or adapted for propulsion solely by the physical exertions of a person or persons seated thereon;

F12[“pedestrian controlled vehicle”] means a mechanically propelled vehicle—

(a) which is neither intended nor adapted for use for carrying the driver or a passenger, or

(b) which is intended or adapted so that there are alternative methods of driving it, namely, by a person carried on it or by a pedestrian,

except during a period during which it is driven while carrying the driver or a passenger

“period of cover” has the meaning assigned to it in paragraph (b) of subsection (1) of section 62 or paragraph (b) of subsection (1) of section 63 (as may be appropriate);

F3[“permission to reside” means a permission under section 60(6) of the International Protection Act 2015, which permission is valid;]

“prescribed” means prescribed by regulations made by the Minister under this Act;

“principal debtor” has the meaning assigned to it in paragraph (a) of subsection (1) of section 63;

F11[“public place” means—

(a) any public road, and

(b) any street, road or other place to which the public have access with vehicles whether as of right or by permission and whether subject to or free of charge;]

“public road” means a road the responsibility for the maintenance of which lies on a road authority;

“public service vehicle” means a mechanically propelled vehicle F13[or combination of vehicles] used for the carriage of persons for reward;

F14[“registered owner” has the meaning assigned to it by the Road Vehicles (Registration and Licensing) (Amendment) Regulations 1992 (S.I. No. 385 of 1992) (as amended by the Road Vehicles (Registration and Licensing) (Amendment) Regulations 2004 (S.I. No. 213 of 2004)), but, if those regulations should be revoked, it shall have the meaning assigned to it by such regulations corresponding to those regulations as may for the time being be in force;]

F3[“relevant person” means a person who has been given a permission to reside;]

“the repealed Act” means the Road Traffic Act, 1933 (repealed by this Act);

“road” includes any bridge, pipe, arch, gully, footway, pavement, fence, railing or wall forming part thereof;

F10[“road authority” means—

(a) a county council, referred to in Part 1 of Schedule 5,

(b) a city council, referred to in Part 2 of Schedule 5,

(d) a town council, referred to in Chapter 2 of Part 1 of Schedule 6,

to the Local Government Act 2001;]

“road traffic weighbridge” has the meaning specified in subsection (4) of section 15;

“roadway” means that portion of a road which is provided primarily for the use of vehicles;

F1[“Roadworthiness Directive” means Directive 2014/45/EU of the European Parliament and of the Council of 3 April 20141;]

“small public service vehicle” means a public service vehicle which is not a large public service vehicle;

“special disqualification order” has the meaning specified in subsection (5) of section 28;

F11[“special speed limit” has the meaning assigned to it by section 46 (inserted by the Road Traffic Act, 1994) of this Act;]

“street service vehicle” means a small public service vehicle the driver of which offers F15[in a public place] himself and the vehicle for hire and for that purpose stands or drives the vehicle F15[in a public place];

F16[“test certificate” means –

(a) a certificate issued under section 18, or

(b) an EU roadworthiness certificate;]

“use”, in relation to a vehicle, includes park, and cognate words shall be construed accordingly;

F17[F18[“vehicle” means a mechanically propelled vehicle, a trailer or semi-trailer, an animal-drawn vehicle or a pedal cycle;]]

“vehicle guarantor” has the meaning specified in section 59;

“vehicle insurer” has the meaning specified in section 58.

F19[(2) Where a vehicle, which, apart from this subsection, would be a mechanically propelled vehicle, stands so substantially disabled (either through collision, breakdown or the removal of the engine or other such vital part) as to be no longer capable of being propelled mechanically, it shall be regarded—

(a) for the purposes of the Road Traffic Acts 1961 to 2010, if it is disabled through collision, as continuing to be a mechanically propelled vehicle, and

(b) for all other purposes of this Act as not being a mechanically propelled vehicle.]

(3) Save in relation to animal-drawn vehicles, any reference in this Act to a drawn vehicle is to a vehicle attached to another (including attached by way of partial superimposition) for the purpose of being drawn thereby, or actually drawn thereby.

(4) Any reference in this Act to the Rules of the Road is to the publication issued (whether before or after the commencement of this section) under that title by the Minister, being the edition thereof which, at the relevant time, is the latest edition.

(5) Any reference in this Act to use of a vehicle with the consent of a person includes a reference to use with his implied consent and to use on his order.

Annotations

Amendments:

F1
Inserted (27.11.2020) by European Union (National Car Test – EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(a)(i).

F2
Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 56(a), S.I. No. 255 of 2011.

F3
Inserted (27.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 46(a)(ii), S.I. No. 390 of 2022.

F4
Inserted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 56(b), S.I. No. 255 of 2011.

F5
Substituted (27.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 46(a)(i)(I), (II), S.I. No. 390 of 2022.

F6
Inserted (27.07.2022) by Civil Law (Miscellaneous Provisions) Act 2022 (19/2022), s. 46(a)(i)(III), S.I. No. 390 of 2022.

F7
Inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.

F8
Inserted (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 49(1)(a)(i) and (ii), S.I. No. 222 of 1994.

F9
Inserted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 56(c), S.I. No. 255 of 2011.

F10
Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 71(a), (b), S.I. No. 255 of 2011.

F11
Substituted (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 49(1)(a)(iii), (iv), (v), S.I. No. 222 of 1994.

F12
Substituted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.

F13
Inserted (20.03.2014) by Road Traffic Act 2014 (3/2014), s. 15, S.I. No. 147 of 2014.

F14
Substituted (20.01.2005) by Road Traffic Act 2004 (44/2004), s. 32, S.I. No. 8 of 2005.

F15
Substituted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.

F16
Substituted (27.11.2020) by European Union (National Car Test – EU Roadworthiness Certificates) Regulations 2020 (S.I. No. 554 of 2020), reg. 2(a)(ii).

F17
Inserted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 71(c), S.I. No. 255 of 2011.

F18
Substituted (25.07.2012) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 46(a), S.I. No. 314 of 2012.

F19
Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 72, S.I. No. 255 of 2011.

Modifications (not altering text):

C14
Terms “county council” and “city council” construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 9(2), S.I. No. 214 of 2014.

Cesser and amalgamation of certain local government areas

9. …

(2) Except where otherwise provided for by this Act, a reference, however expressed, in any enactment—

(a) to a county council or a city council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a county council or to a city council, as the case may be) shall, if the context permits, be read as a reference to a county council, a city council or a city and county council, and

(b) to a county council and a city council (including a reference so construed) shall, if the context permits, be read as a reference to a county council, a city council and a city and county council.

…

C15
Term “town council” construed (1.06.2014) by Local Government Reform Act 2014 (1/2014), s. 25(2), S.I. No. 214 of 2014.

Dissolution of town councils — consequential provisions

25. …

(2) A function of a town council (including a reference construed by section 3(2) of, and Schedule 2 to, the Principal Act as a reference to a town council and whether of general application to town councils or otherwise under an enactment) that—

(a) has not been repealed or otherwise provided for by this Act, or

(b) is neither spent nor obsolete,

shall, if the context permits in respect of one or more than one town council concerned, be read as a reference to a function of the local authority in whose administrative area the town council so dissolved is situated.

…

Editorial Notes:

E55
A number of statutory instruments made pursuant to s. 123 of this Act were also made pursuant to this section. Where this occurred the relevant E-note in the annotations of s. 123 notes that the statutory instrument is also made pursuant to s. 3.

1 OJ No. L 127, 29.4.2014, p. 51.

Section 4
Application to persons and vehicles in the service of the State.

4.—(1) Save as is otherwise provided by this section, this Act applies to persons in the public service of the State and to vehicles owned by the State.

(2) Part VI of this Act shall not apply to—

(a) a vehicle owned by the State or a person using such vehicle in the course of his employment,

(b) a vehicle under seizure by a person in the service of the State in the course of his duty or a person using such vehicle in the course of his employment, or

(c) a member of the Garda Síochána or an officer of any Minister using a vehicle for the purpose of a test, removal or disposition of the vehicle pursuant to this Act or any regulation thereunder.

Section 56

Obligation to be insured or guaranteed.

56.—(1) A person (in this subsection referred to as the user) shall not use in a public place a mechanically propelled vehicle unless either a vehicle insurer, a vehicle guarantor or an exempted person would be liable for injury caused by the negligent use of the vehicle by him at that time or there is in force at that time either—

(a) an approved policy of insurance whereby the user or some other person who would be liable for injury caused by the negligent use of the vehicle at that time by the user, is insured against all sums without limit (save as is hereinafter otherwise provided) which the user or his personal representative or such other person or his personal representative shall become liable to pay to any person F133[…] by way of damages or costs on account of injury to person or property caused by the negligent use of the vehicle at that time by the user, or

(b) an approved guarantee whereby there is guaranteed the payment by the user, or some other person who would be liable for injury caused by the negligent use of the vehicle at that time by the user, of all sums without limit (save as is hereinafter otherwise provided) which the user or his personal representative or such other person or his personal representative shall become liable to pay to any person (exclusive of the excepted persons) by way of damages or costs on account of injury to person or property caused by the negligent use of the vehicle at that time by the user.

F134[(2) The insurance required by this section may be subject to the following limitation and the following exception or either of them—

F135[(a) it may, in so far as it relates to injury to property, be limited to the sum of €1,220,000 per claim, whatever the number of victims,]

(b) there may be excepted from the liability covered thereby any liability (in excess of the common law or the statutory liability applicable to the case) undertaken by the insured or the principal debtor by special contract.]

F136[(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.]

(3) Where a person contravenes subsection (1) of this section, he and, if he is not the owner of the vehicle, such owner shall each be guilty of an offence and shall be liable on summary conviction to F137[a fine not exceeding €5,000] or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

(4) Where, in a prosecution for an offence under this section, it is shown that, a demand having been made under section 69 of this Act,—

(a) the person on whom the demand was made refused or failed to produce a certificate of insurance, certificate of guarantee or certificate of exemption then and there, or

(b) such person, having duly produced such certificate consequent upon the demand, refused or failed to permit the member of the Garda Síochána to whom such certificate was produced to read and examine it,

it shall be presumed, until the contrary is shown by the defendant, that the vehicle was being used in contravention of this section.

(5) Where a person charged with an offence under this section is the owner of the vehicle, it shall be a good defence to the charge for the person to show that the vehicle was being used without his consent and either that he had taken all reasonable precautions to prevent its being used or that it was being used by his servant acting in contravention of his orders.

(6) Where a person charged with an offence under this section was the servant of the owner of the vehicle, it shall be a good defence to the charge for the person to show that he was using the vehicle in obedience to the express orders of the owner.

F138[(7) F139[…]

F140[(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. ]]

F141[(10) F139[…]]

Annotations

Amendments:

F133
Deleted (4.07.2008) by European Communities (Motor Insurance) Regulatinos 2008 (S.I. No. 248 of 2008), reg. 2(a).

F134
Substituted (1.01.1996) by European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 1995 (S.I. No. 353 of 1995), reg. 3(1), in effect as per reg. 3(3).

F135
Substituted (22.12.2016) by European Union (Motor Insurance) (Limitation of Insurance in relation to Injury to Property) Regulations 2016 (S.I. No. 655 of 2016).

F136
Substituted (31.12.1995) by European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 1992 (S.I. No. 347 of 1992), reg. 4(1).

F137
Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table part 1 ref. no. 17, S.I. No. 86 of 2007. A fine of €5,000 translates into a class A fine not exceeding €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3), S.I. No. 662 of 2010.

F138
Inserted (5.08.1975) by European Communities (Road Traffic) (Compulsory Insurance) Regulations 1975 (S.I. No. 178 of 1975), reg. 3(b).

F139
Deleted (4.07.2008) by European Communities (Motor Insurance) Regulations 2008 (S.I. No. 248 of 2008), reg. 2(c).

F140
Substituted (4.07.2008) by European Communities (Motor Insurance) Regulations 2008 (S.I. No. 248 of 2008), reg. 2(c).

F141
Inserted (1.01.1993) by European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 1992 (S.I. No. 347 of 1992), reg. 5(2), in effect as per reg. 3(2).

F142
Substituted by Road Traffic Act 2004 (44/2004), s. 34, not commenced as of date of revision.

Modifications (not altering text):

C54
Prospective affecting provision: section substituted by Road Traffic Act 2004 (44/2004), s. 34, not commenced as of date of revision.

F142[56.—(1) A person (in this subsection referred to as the user) shall not use in a public place a mechanically propelled vehicle unless—

(a) either a vehicle insurer or an exempted person would be liable for injury caused by the negligent use of the vehicle, by him or her at that time, or

(b) there is in force at that time an approved policy of insurance whereby the user or some other person who would be liable for injury caused by the negligent use of the vehicle at that time by the user, is insured against all sums, subject to subsection (2) of this section, without limit, which the user or his or her personal representative or such other person or his or her personal representative becomes liable to pay to any person (exclusive of the excepted persons) by way of damages or costs on account of injury to person or property caused by the negligent use of the vehicle at that time by the user.

(2) The insurance required by this section may be subject to the following limitations and the following exception or any of them—

(a) it may in so far as it relates to—

(i) injury to a person, be limited to such sum as the Minister specifies in regulations,

(ii) injury to property, be limited to the sum of €200,000,

in respect of injury caused by any one act of negligence or any one series of acts of negligence collectively constituting one event,

(3) An approved policy of insurance referred to in subsection (1)(b) of this section extends 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, whichever is the greater.

(4) Where a person contravenes subsection (1) of this section, he or she and, if he or she is not the owner of the vehicle, such owner are each guilty of an offence and are liable on summary conviction to a fine not exceeding €3,000 or, to imprisonment for a term not exceeding 6 months, or to both.

(5) Where, in a prosecution for an offence under this section, it is shown that, a demand having been made under section 69 of this Act—

(a) the person on whom the demand was made refused or failed to produce a certificate of insurance or certificate of exemption then and there, or

it shall be presumed, until the contrary is shown by the defendant, that the vehicle was being used in contravention of this section.

(6) Where a person charged with an offence under this section is the owner of the vehicle, it is a defence to the charge for the person to show that the vehicle was being used without his or her consent and either that he or she had taken all reasonable precautions to prevent its being used or that it was being used by his or her employee acting in contravention of his or her instructions.

(7) Where a person charged with an offence under this section was an employee of the owner of the vehicle, it is a defence to the charge for the person to show that he or she was using the vehicle in compliance with the express instructions of the owner.

(8) In this Part “designated territories” means the European territories of the Member States of the European Communities (other than the State) and Croatia, Iceland, Norway and Switzerland.

(9) 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,

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

(10) In this Part—

“mechanically propelled vehicle” includes a semi-trailer or trailer (whether coupled or uncoupled to a mechanically propelled vehicle) used in a public place;

“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.

(11) Nothing in this Part shall be read as extending compulsory motor insurance cover to any person in or on a semi-trailer or trailer when used in a public place.]

Editorial Notes:

E621
Note: there was an error in subs. (1) in earlier versions of this section, see DPP v Sherlock [2020] IEHC 362. This is now corrected and the Commission regrets the inaccuracy.

E622
Procedure prescribed for purposes of subs. (1) by Road Traffic Act 1994 (7/1994), s. 41(1)(b) as substituted (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 19(a), S.I. No. 384 of 2006.

E623
Previous affecting provision: subs. (2)(a) substituted (21.12.2011) by European Union (Motor Insurance) (Limitation of Insurance in relation to Injury to Property) Regulations 2011 (S.I. No. 702 of 2011), reg. 2; substituted as per F-note above.

E624
Previous affecting provision: subs. (2)(a) substituted (4.07.2008) by European Communities (Motor Insurance) Regulations 2008 (S.I. No. 248 of 2008), reg. 2(b); substituted as per F-note above.

E625
Penalty points in respect of using vehicle without insurance or guarantee, on conviction, imposed (1.06.2003) by Road Traffic Act 2002 (2/2012), s. 2 and sch. 1 part 1 ref. no. 12, S.I. No. 214 of 2003.

E626
Previous affecting provision: subs. (2) substituted by Road Traffic Act 2002 (12/2002), s. 17, not commenced.

E627
Previous affecting provision: fine in subs. (3) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(a) and table part 1 ref. no. 18, S.I. No. 491 of 2002; increased again as per F-note above.

E628
Previous affecting provision: subs. (7) substituted (12.10.2001) by European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 2001 (S.I. No. 463 of 2001), reg. 3; subs. (7) deleted as per E-note above.

E629
Previous affecting provision: subs. (7) substituted (1.01.1996) by European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 1995 (S.I. No. 353 of 1995), reg. 3(2), in effect as per reg. 3(3); subs. (7) deleted as per F-note above.

E630
Previous affecting provision: subs. (9) substituted (1.01.1993) by European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 1992 (S.I. No. 347 of 1992), reg. 5(1); subs. (9) substituted as per F-note above.

E631
Previous affecting provision: subs. (10) inserted (1.01.1993) by European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 1992 (S.I. No. 347 of 1992), reg. 5(2); subs. (10) deleted as per F-note above.

E632
Previous affecting provision: subs. (2) substituted (31.12.1987) by European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 1987 (S.I. No. 322 of 1987), reg. 4(1); substituted as per E-note above.

E633
Previous affective provision: fine in subs. (3) increased (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 3(1) and table, ref. no. 5, commenced on enactment; increased again as per E-note above.

E634
Previous affecting provision: subs. (2A) inserted (5.08.1975) by European Communities (Road Traffic) (Compulsory Insurance) Regulations 1975 (S.I. No. 178 of 1975), reg. 3(a); substituted as per F-note above.

E635
Previous affecting provision: subss. (7)-(9) inserted (5.08.1975) by European Communities (Road Traffic) (Compulsory Insurance) Regulations 1975 (S.I. No. 178 of 1975), reg. 3(b); subs. (7) deleted and subss. (8), (9) substituted as per F-notes above.

Section 57

Fine in lieu of damages and imprisonment in addition to damages.

57.—(1) Where—

(a) the court, on a conviction for an offence under the immediately preceding section, is satisfied that injury was caused to person or property by the negligent use on the occasion on which the offence was committed of the vehicle in relation to which the offence was committed and

(b) the court is of opinion that some person then present or represented would be entitled to recover in a civil action against the convicted person damages in respect of the injury,

the court may, if it thinks fit and the person present or represented consents, inflict on the convicted person, in addition to any other punishment, a fine not exceeding the damages which in the opinion of the court the person present or represented would be entitled to recover against the convicted person.

(2) Where a fine is imposed under subsection (1) of this section on a convicted person—

(a) the court imposing the fine may sentence the convicted person to any term of imprisonment, not exceeding six months, in default of payment of the fine within such time, not being less than fourteen days, as the court appoints,

(b) the amount of the fine shall be paid to the person on account of whose right to recover damages the fine was imposed and, if there is more than one such person, in such proportions as the court directs,

(c) the payment of the fine by the convicted person shall be a good defence to any civil action brought by any person to whom the fine or any part thereof was so paid in respect of the injury on account of which the fine was inflicted,

(d) without prejudice to any right of appeal by any other person, the person or any of the persons to whom the fine is made payable shall have a right of appeal (limited to one or more of the following matters, that is to say, the amount of the fine and the person to whom and the proportions in which it is payable) to the Judge of the Circuit Court within whose circuit is situate the district or any part of the district of the Justice by whom the fine was inflicted, and the decision of the Judge on the appeal shall be final.

(3) Where damages are recovered in a civil action against a person who was convicted of an offence under the immediately preceding section in respect of injury to person or property caused by the negligent use on the occasion on which the offence was committed of the mechanically propelled vehicle in relation to which the offence was committed, the court before whom the damages are recovered may if the damages are not paid within fourteen days or such longer period as the court may determine order that the person against whom the damages were recovered be forthwith taken into custody and be imprisoned for whichever of the following periods is the shorter, that is to say, until the expiration of six months from the taking into custody or until he pays the amount of the damages to the person by whom they were recovered and lodges in court, by way of security for the payment of the costs recovered by that person in the action, such sum (if any) as the court fixes.

(4) This section applies only to injury against liability with respect to which an approved policy of insurance or an approved guarantee is required by this Act to be effected.

Section 58

Vehicle insurer.

F143[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).]

Annotations

Amendments:

F143
Substituted (20.11.1992) by European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 1992 (S.I. No. 347 of 1992), reg. 6.

Modifications (not altering text):

C55
Application of section restricted (1.01.1993) by Mechanically Propelled Vehicles (International Circulation) Order 1992 (S.I. No. 384 of 1992), art. 8(3), in operation as per art. 2.

Insurance Certificate or Card.

8. …

(3) Section 58 of the Road Traffic Act, 1961 shall not apply to the Irish Bureau and paragraphs (3) and (8) of article 7 of the Road Traffic (Compulsory Insurance) Regulations, 1962 shall not apply to an international insurance card.

Editorial Notes:

E636
Previous affecting provision: paras. (a) and (b) amended (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968. Section substituted as per F-note above.

Section 59

Vehicle guarantor.

59.—In this Act “vehicle guarantor” means, subject to subsection (2) of section 78 of this Act, a person who—

(a) is not a vehicle insurer, and

(b) carries on the business of issuing approved guarantees, and

(c) has made and maintains the deposit with the Accountant of the Courts of Justice authorised by this Part of this Act to be made by persons who intend to carry on the business of issuing approved guarantees,

Section 60
F144[

Exempted person.

60.—(1) In this Part of this Act “exempted person” means, subject to subsection (3) of section 78 of this Act—

(a) a board or other body established by or under an Act of the Oireachtas or an Act of the Oireachtas of Saorstát Éireann,

(b) a company (hereinafter referred to as a State-sponsored company) within the meaning of subsection (1) of Section 2 of the Companies Act, 1963, in which the majority of the shares are held by or on behalf of a Minister of State, or

(c) a company within the meaning of subsection (1) of section 2 of the Companies Act, 1963, in which the majority of the ordinary shares are held by a State-sponsored company or a board or other body mentioned in paragraph (a) of this subsection,

in respect of which the Minister has issued a certificate that such board, other body or company is for the time being an exempted person for the purposes of this Act.

(2) The Minister shall not issue a certificate under this section unless he is of the opinion (having, in a case where a deposit under section 61 of this Act has been made and maintained, taken such deposit into account) that the board, other body or company is, and will be, capable of meeting any liability arising out of the negligent use of a mechanically propelled vehicle in respect of which, if such board, other body or company were not an exempted person or a vehicle insurer, an approved policy of insurance would be required to be in force at the material time.]

Annotations

Amendments:

F144
Substituted (26.10.1970) by Road Traffic Act 1968 (25/1968), s. 54, S.I. No. 244 of 1970.

Editorial Notes:

E637
Previous affecting provision: power pursuant to section and s. 5 exercised (29.07.1991) by Road Traffic General Bye-Laws (Amendment) Regulations 1991 (S.I. No. 204 of 1991); revoked (1.10.1998) by Road Traffic (Traffic and Parking) Regulations 1997 (S.I. No. 182 of 1997), reg. 3 and sch. 1 part 1.

E638
Previous affecting provision: power pursuant to section and s. 5 exercised (28.11.1975) by Road Traffic General Bye-Laws (Amendment) Regulations 1975 (S.I. No. 281 of 1975); revoked (1.10.1998) by Road Traffic (Traffic and Parking) Regulations 1997 (S.I. No. 182 of 1997), reg. 3 and sch. 1 part 1.

Section 61
F145[

Deposits by exempted persons.

61.—(1) The Minister may from time to time require the deposit with the Accountant of the Courts of Justice by a person desiring to become an exempted person of such sum as the Minister shall specify in such requirement.

(2) The Accountant of the Courts of Justice shall invest a sum deposited under this section in such of the securities authorised by law for the investment of funds in the High Court as the depositor directs, and the income accruing on the securities shall be paid to the depositor.

(3) The Accountant of the Courts of Justice shall not accept a deposit under this section save on a warrant of the Minister.

(4) The Minister may make rules with respect to applications for warrants for the purposes of this section, the payment of deposits and the investment thereof or dealing therewith, the deposit of stocks, shares or other securities in lieu of money, the payment of the income from time to time accruing on securities in which deposits are for the time being invested and the withdrawal and transfer of deposits.]

Annotations

Amendments:

F145
Substituted (26.10.1970) by Road Traffic Act 1968 (25/1968), s. 55, S.I. No. 244 of 1970.

Section 62

Approved policy of insurance.

62.—(1) A policy of insurance shall be an approved policy of insurance for the purposes of this Act if, but only if, it complies with the following conditions:

(a) it is issued by a vehicle insurer to a person (in this Act referred to as the insured) named therein;

(b) the insurer by whom it is issued binds himself by it to insure the insured against all sums without limit which the insured or his personal representative shall become liable to pay to any person F146[…] whether by way of damages or costs on account of injury to person or property caused by the negligent use, during the period (in this Act referred to as the period of cover) specified in that behalf in the policy, of a mechanically propelled vehicle to which the policy relates, by the insured or by any of such other persons (if any) as are mentioned or otherwise indicated in that behalf in the policy;

(c) the liability of the insurer under the policy is not subject to any condition, restriction, or limitation prescribed as not to be inserted in an approved policy of insurance; F146[…]

F147[(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, whichever is the greater; ]

(d) the period of cover is not capable of being terminated before its expiration by effluxion of time by the insurer save either with the consent of the insured or after seven days’ notice in writing to the F148[insured; and]

F149[(e) the liability of the insurer extends to any loss or injury suffered by the victim, due to the negligent use of a mechanically propelled vehicle, during a direct journey between two Member States, if there is no national insurers’ bureau responsible for the territory which is being crossed in accordance with the law relating to compulsory insurance against civil liability in respect of the use of mechanically propelled vehicles in that territory. ]

F150[(1A) For the purpose of this Part a policy of insurance issued in accordance with the laws on compulsory insurance in force in any of the designated territories, other than the State, in respect of a mechanically propelled vehicle normally based in that territory is an approved policy of insurance. ]

(2) A policy of insurance which complies with the conditions specified in subsection (1) of this section shall not be prevented from being an approved policy of insurance merely by reason of its containing provisions additional to and not inconsistent with the provisions required by those conditions.

F151[(3) A policy of insurance shall not be prevented from being an approved policy of insurance merely by reason of the insurance being subject to a limitation or an exception referred to in subsection (2) of section 56 of this Act.]

F152[(4) In this section “national insurers’ bureau” means a professional organisation which is constituted in accordance with Recommendation No. 5 adopted on 25 January 1949 by the Road Transport Sub-committee of the Inland Transport Committee of the United Nations Economic Commission for Europe and which groups together insurance undertakings which, in a state, are authorised to conduct the business of motor vehicle insurance against civil liability. ]

Annotations

Amendments:

F146
Deleted (4.07.2008) by European Communities (Motor Insurance) Regulations 2008 (S.I. No. 248 of 2008), reg. 3(a)(i) and (ii).

F147
Substituted (4.07.2008) by European Communities (Motor Insurance) Regulations 2008 (S.I. No. 248 of 2008), reg. 3(a)(iii).

F148
Substituted (4.07.2008) by European Communities (Motor Insurance) Regulations 2008 (S.I .No. 248 of 2008), reg. 3(a)(iv).

F149
Inserted (4.07.2008) by European Communities (Motor Insurance) Regulations 2008 (S.I. No. 248 of 2008), reg. 3(a)(v).

F150
Substituted (4.07.2008) by European Communities (Motor Insurance) Regulations 2008 (S.I. No. 248 of 2008), reg. 3(b).

F151
Substituted (11.12.1987) by European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 1987 (S.I. No. 322 of 1987), reg. 5.

F152
Inserted (4.07.2008) by European Communities (Motor Insurance) Regulations 2008 (S.I. No. 248 of 2008), reg. 3(c).

Editorial Notes:

E639
Power pursuant to subs. (1)(c) and s. 5 exercised (31.12.1988) by Road Traffic (Compulsory Insurance) (Amendment) Regulations 1987 (S.I. No. 321 of 1987).

E640
Power pursuant to subs. (1)(c) and s. 5 exercised (23.11.1977) by Road Traffic (Compulsory Insurance) (Amendment) Regulations 1977 (S.I. No. 359 of 1977).

E641
Power pursuant to subs. (1)(c) and s. 5 exercised (18.03.1964) by Road Traffic (Compulsory Insurance) (Amendment) Regulations 1964 (S.I. No. 58 of 1964).

E642
Power pursuant to subs. (1)(c) and ss. 5, 63(1)(c), 65(1)(a), 66, 68(1), 75 and 79 exercised (1.05.1962) by Road Traffic (Compulsory Insurance) Regulations 1962 (S.I. No. 14 of 1962).

E643
Previous affecting provision: subss. (1)(cc) substituted (31.12.1995) by European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 1992 (S.I. No. 347 of 1992), reg. 4(2). Subs. (1)(cc) substituted as per F-note above.

E644
Previous affecting provision: subss. (1)(cc), (1A) inserted (5.08.1975) by European Communities (Road Traffic) (Compulsory Insurance) Regulations 1975 (S.I. No. 178 of 1975), regs. 4 and 5. Subs. (1)(cc) substituted as per E-note above and subs. (1A) substituted as per F-note above.

Section 63

Approved guarantee.

63.—(1) A guarantee shall be an approved guarantee for the purposes of this Act if, but only if, it complies with the following conditions;

(a) it is issued by a vehicle insurer or a vehicle guarantor to a person (in this Act referred to as the principal debtor) named therein;

(b) the insurer or guarantor by whom it is issued binds himself by it to guarantee the payment by the principal debtor or his personal representative of all sums without limit which the principal debtor or his personal representative shall become liable to pay to any person (exclusive of the excepted persons) whether by way of damages or costs on account of injury to person or property caused by the negligent use during the period (in this Act referred to as the period of cover) specified in that behalf in the guarantee, of a mechanically propelled vehicle to which the guarantee relates, by the principal debtor or by any of such other persons (if any) as are mentioned or otherwise indicated in that behalf in the guarantee;

(c) the liability under the guarantee of the insurer or guarantor by whom it is issued is not subject to any condition, restriction, or limitation prescribed as not to be inserted in an approved guarantee; and

(d) the period of cover is not capable of being terminated before its expiration by effluxion of time by the insurer or guarantor save either with the consent of the principal debtor or after seven days’ notice in writing to the principal debtor.

(2) A guarantee which complies with the conditions specified in subsection (1) of this section shall not be prevented from being an approved guarantee merely by reason of its containing provisions additional to and not inconsistent with the provisions required by those conditions.

(3) A guarantee shall not be prevented from being an approved guarantee merely by reason of the guarantee being subject to the following limitation and the following exception or either of them:

(a) the limitation thereof, in so far as it relates to injury to property, to the sum of one thousand pounds in respect of injury occasioned by any one act of negligence or any one series of acts of negligence collectively constituting one event,

(b) the exception therefrom of any liability (in excess of the common law or the statutory liability applicable to the case) undertaken by the principal debtor by special contract.

(4) An approved guarantee issued by a vehicle insurer shall, for the purposes of sections 25, 26 and 27 of the Insurance Act, 1936, be regarded as if it were a policy issued by the insurer in the course of carrying on mechanically propelled vehicle insurance business within the meaning of section 3 of that Act.

Annotations

Editorial Notes:

E645
Power pursuant to subs. (1)(c) and ss. 5 and 62(1)(c) exercised (18.03.1964) by Road Traffic (Compulsory Insurance) (Amendment) Regulations 1964 (S.I. No. 58 of 1964).

E646
Power pursuant to subs. (1)(c) and ss. 5, 62(1)(c), 65(1)(a), 66, 68(1), 75 and 79 exercised (1.05.1962) by Road Traffic (Compulsory Insurance) Regulations 1962 (S.I. No. 14 of 1962).

Section 64

Fraud in obtaining policy or guarantee.

64.—(1) A person shall not, for the purpose or in the course of obtaining the issue of an approved policy of insurance or an approved guarantee to himself or to another person, or for the purpose of securing his or another person’s participation in the cover afforded by an approved policy of insurance or an approved guarantee, commit any fraud or make any representation or statement (whether in writing or verbally or by conduct) which is to his knowledge false or misleading in any material respect.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to F153[a fine not exceeding €5,000] or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

(3) In a prosecution for an offence under F154[…] this section, a document—

(a) which purports to be—

(i) a proposal forming the basis of the relevant contract of insurance or guarantee,

(ii) a document (other than a proposal) forming that basis, or

(iii) an application for participation in the cover afforded by the relevant contract of insurance or guarantee, and

(b) which purports to be signed by the defendant,

may be tendered in evidence without proof and shall be presumed, until the contrary is shown by the defendant, to be such proposal or document as aforesaid and to have been signed by the defendant.

F155[(4) (a) For the purposes of a prosecution for an offence under this section, a member of the Garda Síochána may, by a notice in writing served by post on a vehicle insurer, require the person within 10 days of the date of service of the notice to furnish to the member any document referred to in subsection (3) of this section which is in that person’s possession or within his procurement and is specified in the notice.

(b) A person who refuses or fails to comply with a requirement of a member of the Garda Síochána under paragraph (a) of this subsection shall be guilty of an offence.]

Annotations

Amendments:

F153
Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table part 1 ref. no. 18, S.I. No. 86 of 2007. A fine of €5,000 translates into a class A fine not exceeding €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 6(3) and table ref. no. 1, S.I. No. 662 of 2010.

F154
Deleted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.

F155
Substituted (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 49(1)(g), S.I. No. 222 of 1994.

Editorial Notes:

E647
Summary proceedings for an offence under section provided (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 48, S.I. No. 222 of 1994.

E648
Previous affecting provision: fine in subs. (2) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(a) and table, ref. no. 19, S.I. No. 491 of 2002. Fine increased as per F-note above.

E649
Previous affecting provision: fine in subs. (2) increased (18.07.1984) by Road Traffic (Amendment) Act 1978 (16/1984), s. 3(1) and table, ref. no. 6, commenced on enactment. Fine increased as per E-note above.

E650
Previous affecting provision: subs. (4) inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968; substituted as per F-note above.

Section 65

Excepted persons.

65.—(1) In this Part of this Act “excepted persons” means the following persons:

F156[(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.]

(b) any person claiming in respect of injury to person to another person where—

(i) in case the injury caused the other person’s death—the other person would, assuming that the injury had not caused his death, be an excepted person under paragraph (a) of this subsection if he were himself claiming in respect of the injury, and

(ii) in any other case—the other person would be such an excepted person if he were so claiming,

(c) any person claiming in respect of injury to property sustained while the property was in or on a mechanically propelled vehicle F157[(or a vehicle drawn thereby)] to which the relevant document relates,

(d) any person claiming in respect of injury to property sustained while the property was owned by or was in the possession, custody or control of the insured or the principal debtor in the relevant document,

(e) F158[…]

(f) F158[…]

(g) F158[…]

(2) In this section—

(a) “relevant document” means the approved policy of insurance or the approved guarantee in relation to which the expression “excepted persons” is used, and

(b) references to injury sustained while in or on a vehicle include injury sustained while entering, getting on to, being put into or on, alighting from, or being taken out of or off, the vehicle, and injury caused by being thrown out of or off the vehicle.

F159[ (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.]

Annotations

Amendments:

F156
Substituted (20.11.1992) by European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 1992 (S.I. No. 347 of 1992), reg. 7(1), commenced as per reg. 3(1).

F157
Inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.

F158
Deleted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.

F159
Inserted (20.11.1992) by European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 1992 (S.I. No. 347 of 1992), reg. 7(2), commenced as per reg. 3(1).

Editorial Notes:

E651
Power pursuant to subs. (1)(a) and s. 5 exercised (19.11.1992, 20.11.1992 and other dates) by Road Traffic (Compulsory Insurance) (Amendment) Regulations 1992 (S.I. No. 346 of 1992).

E652
Classes of vehicles for the purposes of subs. (1)(a) specified (1.05.1962) by Road Traffic (Compulsory Insurance) Regulations 1962 (S.I. No. 14 of 1962), reg. 6.

E653
Power pursuant to subs. (1)(a) and ss. 5, 62(1)(c), 63(1)(c), 66, 68(1), 75 and 79 exercised (1.05.1962) by Road Traffic (Compulsory Insurance) Regulations 1962 (S.I. No. 14 of 1962).

E654
Previous affecting provision: subs. (1)(a) substituted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968. Subs. (1)(a) substituted as per F-note above.

Section 66

Certificate of insurance and certificate of guarantee.

66.—(1) Where a vehicle insurer issues an approved policy of insurance, he shall give to the person to whom it is issued the prescribed number of certificates (each of which is referred to in this Act as a certificate of insurance) in the prescribed form certifying that it has been issued and stating the prescribed particulars thereof.

(2) Where a vehicle insurer or a vehicle guarantor issues an approved guarantee, he shall give to the person to whom it is issued the prescribed number of certificates (each of which is referred to in this Act as a certificate of guarantee) in the prescribed form certifying that it has been issued and stating the prescribed particulars thereof.

(3) For the purposes of this section, a renewal of an approved policy of insurance or an approved guarantee shall be deemed to be an issue thereof.

Annotations

Modifications (not altering text):

C56
Application of section restricted (1.01.1993) by Mechanically Propelled Vehicles (International Circulation) Order 1992 (S.I. No. 384 of 1992), art. 8(2)(c), commenced as per art. 2.

Insurance Certificate or Card.

8. (1) …

(2) For the purposes of Part VI of the Road Traffic Act, 1961, section 12 of the Roads Act, 1920 and any regulation made under any of the said enactments, the following provisions shall apply regarding an international motor insurance card in respect of the use of the vehicle referred to in the said card:— …

(c) notwithstanding anything contained in section 66 of the Road Traffic Act, 1961, or the regulations made thereunder, it shall not be necessary to furnish any particulars on an international motor insurance card other than those required to be furnished on the said card.

…

Editorial Notes:

E655
Power pursuant to this section and ss. 5, 62(1)(c), 63(1)(c), 65(1)(a), 68(1), 75 and 79 exercised (1.05.1962) by Road Traffic (Compulsory Insurance) Regulations 1962 (S.I. No. 14 of 1962).

Section 67

Effect of certificate of insurance or guarantee.

67.—(1) Where a vehicle insurer has issued a certificate of insurance certifying that an approved policy of insurance has been issued by him to a specified person—

(a) if and so long as no such policy as is described in the certificate has been issued, the insurer shall, as between himself and any other person except the specified person, be deemed to have issued to the specified person an approved policy of insurance conforming in all respects with the description and particulars stated in the certificate, and

(b) if the insurer has issued to the specified person a policy such as is described in the certificate, but the actual terms of the policy are less favourable to persons claiming under or by virtue of the policy against the insurer, either directly or through the specified person, than the particulars of the policy as stated in the certificate, the policy shall, as between the insurer and any other person except the specified person, be deemed to be in terms conforming in all respects with those particulars.

(2) Where a vehicle insurer or a vehicle guarantor has issued a certificate of guarantee certifying that an approved guarantee has been issued by him to a specified person—

(a) if and so long as no such guarantee as is described in the certificate has been issued, the insurer or guarantor shall, as between himself and any other person except the specified person, be deemed to have issued to the specified person an approved guarantee conforming in all respects with the description and particulars stated in the certificate, and

(b) if the insurer or guarantor has issued to the specified person a guarantee such as is described in the certificate, but the actual terms of the guarantee are less favourable to persons claiming under or by virtue of the guarantee against the insurer or guarantor, either directly or through the specified person, than the particulars of the guarantee as stated in the certificate, the guarantee shall, as between the insurer or guarantor and any other person except the specified person, be deemed to be in terms conforming in all respects with those particulars.

(3) Nothing in this section shall render a certificate of insurance or a certificate of guarantee liable to any stamp duty to which it would not have been liable if this section had not been enacted.

Section 68

Certificate of exemption.

68.—(1) A vehicle insurer, a vehicle guarantor or an exempted person may at any time issue one or more certificates (each of which is in this Act referred to as a certificate of exemption) in the prescribed form in respect of any mechanically propelled vehicle owned by him certifying that the vehicle is owned by him and stating the prescribed particulars in respect of his liability for injury caused by the negligent use of the vehicle.

(2) A certificate of exemption issued by a vehicle insurer shall, for the purposes of sections 25, 26 and 27 of the Insurance Act, 1936, be regarded as if it were a policy issued by the insurer in the course of carrying on mechanically propelled vehicle insurance business within the meaning of section 3 of that Act.

Annotations

Editorial Notes:

E656
Power pursuant to subs. (1) and ss. 5, 62(1)(c), 63(1)(c), 65(1)(a), 66, 75, 79 exercised (1.05.1962) by Road Traffic (Compulsory Insurance) Regulations 1962 (S.I. No. 14 of 1962).

Section 69

Production of certificate on demand.

69.—(1) (a) Where a member of the Garda Síochána has reasonable grounds for believing that a mechanically propelled vehicle has been used in a public place on a particular occasion (including a case in which the member has himself observed the use) and that the actual user of the vehicle on that occasion was a particular person, the member may, at any time not later than one month after the occasion, demand of the person the production of either a certificate of insurance or a certificate of guarantee or a certificate of exemption in respect of the use of the vehicle by the person on the occasion and, if the person refuses or fails to produce any such certificate then and there, he shall, unless within ten days after the day on which the production was demanded he produces such certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the person at the time at which the production was demanded, be guilty of an offence.

(b) In a prosecution for an offence under this subsection, it shall be presumed, until the contrary is shown by the defendant, that he did not, within ten days after the day on which the production was demanded produce the certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the defendant at the time at which the production was demanded.

(c) It shall be a good defence in a prosecution for an offence under this subsection if the defendant shows that on the occasion in question—

(i) he did not use the vehicle, or

(ii) he was the servant of the owner of the vehicle and was using the vehicle in obedience to the express orders of the owner.

(2) (a) Where a member of the Garda Síochána has reasonable grounds for believing that a mechanically propelled vehicle has been used in a public place on a particular occasion (including a case in which the member has himself observed the use), the member may, at any time not later than F160[3 months] after the occasion, demand of the owner of the vehicle the production of either a certificate of insurance or a certificate of guarantee or a certificate of exemption in respect of the use on the occasion of the vehicle by the person then actually using it and, if the owner refuses or fails to produce any such certificate then and there, he shall, unless within ten days after the day on which the production was demanded he produces such certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the owner at the time at which such production was demanded, be guilty of an offence.

(b) In a prosecution for an offence under this subsection, it shall be presumed, until the contrary is shown by the defendant, that he did not, within ten days after the day on which production was demanded, produce the certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the defendant at the time at which the production was demanded.

(i) that the vehicle was not used on the occasion in question, or

(ii) that a person other than himself used the vehicle on the occasion in question, that it was so used without his consent and either that he had taken all reasonable precautions to prevent its being so used or that the person so using it was his servant acting in contravention of his orders.

F161[(3) Where a person produces under this section a certificate to a member of the Garda Síochána but refuses or fails to permit the member to read and examine it, he or she commits an offence and the member may demand of him or her his or her name and address and date of birth.

(4) Where a person whose F162[name and address and date of birth] is demanded under subsection (3) refuses or fails to give his or her F162[name and address and date of birth] or gives a F162[name and address and date of birth] which is false or misleading, he or she commits an offence.

(5) A member of the Garda Síochána may arrest without warrant—

(a) a person who under this section provides a certificate but refuses or fails to permit the member to read and examine it, or

(b) a person who, when his or her F162[name and address and date of birth] is demanded of him or her by the member under this section, refuses or fails to give his or her F162[name and address and date of birth] or gives a F162[name and address and date of birth] which the member has reasonable grounds for believing to be false or misleading. ]

F163[(6) F164[…]]

Annotations

Amendments:

F160
Substituted (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 49(1)(h), S.I. No. 222 of 1994.

F161
Substituted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 73, S.I. No. 255 of 2011.

F162
Substituted (27.03.2013) by Road Safety Authority (Commercial Vehicle Roadworthiness) Act 2012 (16/2012), s. 47(a), S.I. No. 105 of 2013.

F163
Inserted (12.10.2001) by European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 2001 (S.I. No. 463 of 2001), reg. 4, commenced as per reg. 5.

F164
Repealed (21.07.2006) by Road Traffic Act 2006 (23/2006), s. 22(a), S.I. No. 384 of 2006.

Section 69A
F165[

Insurance of certain vehicles entering the State.

69A.—(1) In this section—

“vehicle” means any mechanically propelled vehicle intended for travel on land and any trailer whether or not coupled;

“authorised official” means an officer of the Customs and Excise or a member of the Garda Síochána.

(2) An authorised official may demand of a person having charge of a vehicle, being a vehicle which is not normally based in the State or in any of the designated territories, when entering the State with the vehicle or having so entered, to produce evidence that the use of the vehicle in the State and in the designated territories is covered by insurance in accordance with the requirements of the laws of the State and of the designated territories relating to compulsory insurance against civil liability in respect of the use of vehicles and if on such demand having been made such evidence is not produced the vehicle shall not be used in the State.

(3) Where the use of the vehicle in the State is prohibited under subsection (2) of this section an authorised official may remove and retain the vehicle or he may direct the driver to remove the vehicle to such place and subject to such conditions as may be specified in the direction, and, notwithstanding the provisions of subsection (2) of this section, it shall be lawful to move the vehicle to the extent necessary to comply with such direction.

(4) A vehicle which has been removed by or at the direction of an authorised official under subsection (3) of this section may be retained until evidence is produced that the use of the vehicle is covered by insurance in accordance with the provisions of subsection (2) of this section or until the vehicle is being removed from the State to a country which is not a designated territory.

(5) A person who uses a vehicle or causes or permits a vehicle to be used in contravention of subsection (2) of this section, or who refuses, neglects or otherwise fails to comply with a direction under subsection (3) of this section, shall be guilty of an offence and shall be liable on summary conviction to F166[a fine not exceeding €5,000].]

Annotations

Amendments:

F165
Inserted (5.08.1975) by European Communities (Road Traffic) (Compulsory Insurance) Regulations 1975 (S.I. No. 178 of 1975), reg. 6.

F166
Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table part 1 ref. no. 19, S.I. No. 86 of 2007. A fine of €5,000 translates into a class A fine not exceeding €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.

Editorial Notes:

E657
Previous affecting provision: fine in subs. (5) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(a) and table part 1 ref. no. 20, S.I. No. 491 of 2002; subsection amended as per F-note above.

E658
Previous affecting provision: fine in subs. (5) increased (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 3(1) and table, ref. no. 15, commenced on enactment. Fine increased as per E-note above.

Section 70

Obligation to deliver up certificate.

70.—(1) Where the period of cover under an approved policy of insurance is terminated or suspended by any means before its expiration by effluxion of time, the insured shall, within seven days after the termination or suspension, deliver to the vehicle insurer by whom the policy was issued the latest certificate of insurance in respect of the policy.

(2) Where the period of cover under an approved guarantee is terminated or suspended by any means before its expiration by effluxion of time, the principal debtor shall, within seven days after the termination or suspension, deliver to the vehicle insurer or the vehicle guarantor by whom the guarantee was issued the latest certificate of guarantee in respect of the guarantee.

(3) A person who contravenes subsection (1) or subsection (2) of this section shall be guilty of an offence.

Section 71

Obligation of insured or principal debtor to give notice of accident.

71.—(1) Subject to subsection (2) of this section, where an event occurs in relation to a mechanically propelled vehicle in consequence of which the vehicle insurer who issued an approved policy of insurance or the vehicle insurer or the vehicle guarantor who issued an approved guarantee, then in force in respect of the vehicle, may become liable to pay money to any person, the insured or the principal debtor (as the case may be) shall, as soon as practicable after the occurrence of the event, or where the event did not occur in his presence, within forty-eight hours after the occurrence of the event first came to his knowledge, give to the insurer by whom the policy was issued or to the insurer or guarantor by whom the guarantee was issued notice in writing of the occurrence of the event together with such particulars of the event as are in his knowledge or procurement and are reasonably required by the insurer or guarantor.

(2) An approved policy of insurance or an approved guarantee may contain a provision relieving the insured or the principal debtor (as the case may be) from the obligation of giving the notice mentioned in subsection (1) of this section and, in any such case, that notice need not be given.

(3) A person who contravenes subsection (1) of this section shall be guilty of an offence.

(4) A notice or particulars required by this section may be given by posting the notice or particulars in a properly closed and prepaid envelope addressed to the insurer or guarantor, and the notice or particulars shall be deemed to be given in the time specified in this section for the giving thereof if so posted within that time.

Section 72

Obligation of user of vehicle to give notice of accident.

72.—(1) Where an event occurs in relation to a mechanically propelled vehicle in consequence of which the vehicle insurer who issued an approved policy of insurance, or the vehicle insurer or the vehicle guarantor who issued an approved guarantee, then in force in respect of the vehicle, may become liable to pay money to any person, the person who is actually using the vehicle when the event occurs shall—

(a) unless he is himself the insured under the policy or the principal debtor under the guarantee or the event occurs in the presence of such insured or principal debtor, give to such insured or principal debtor, as soon as practicable after the occurrence of the event, notice of the occurrence together with full particulars thereof,

(b) give, on demand, to the insurer or guarantor such particulars relating to the event as are in his knowledge or procurement and are reasonably required by the insurer or guarantor.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.

(3) A notice or particulars required by paragraph (a) of subsection (1) of this section may be given by posting the notice or particulars in a properly closed and prepaid envelope addressed to the insured or the principal debtor.

Section 72A
F167[

Notice of accident involving vehicle temporarily in the State.

72A.— Where an event occurs in relation to a mechanically propelled vehicle normally based in the designated territories in consequence of which a liability to pay money to any person may occur the person who is actually using the vehicle when the event occurs shall send to the F168[Motor Insurers’ Bureau of Ireland] notice of the occurence of the event with full particulars thereof and particulars as to the territory in which the vehicle is normally based, the identification mark of the vehicle, the insurance of the vehicle (including the period covered thereby, the number of the policy and the name and address of the insurer and of the insured) and the name and address of the person using the vehicle.]

Annotations

Amendments:

F167
Inserted (5.08.1975) by European Communities (Road Traffic) (Compulsory Insurance) Regulations 1975 (S.I. No. 178 of 1975), reg. 7.

F168
Substituted (1.01.1993) by European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 1992 (S.I. No. 347 of 1992), reg. 8, commenced as per reg. 3(2) .

Section 73

Obligation to give information as to insurance.

73.—(1) Where a claim is made against a person in respect of any such liability as is appropriate in accordance with this Act to be covered by an approved policy of insurance or an approved guarantee, such person, on demand in writing (served by registered post) by or on behalf of the person making the claim, shall—

(a) if the liability was so covered, state that fact, state the name and address of the insurer or guarantor concerned and state the prescribed particulars referred to in subsection (1) or subsection (2) (as may be appropriate) of section 66 of this Act,

(b) if the liability would have been so covered but for an approved policy of insurance or an approved guarantee having been avoided, cancelled or otherwise terminated, state that fact and state the name and address of the insurer or guarantor concerned,

(c) if the liability was not so covered on account of the person against whom the claim is made having been a vehicle insurer, a vehicle guarantor or an exempted person, state that fact and state the prescribed particulars referred to in section 68 of this Act, and

(d) if none of the foregoing paragraphs apply, state that fact.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.

(3) A statement demanded under this section may be given by posting the statement in a properly closed and prepaid envelope addressed to the person demanding it.

Section 74

Amendment of Assurance Companies Act, 1909.

74.—(1) Section 1 of the Assurance Companies Act, 1909, as adapted by or under subsequent enactments, shall have effect as if after paragraph (e) thereof the following paragraph were added:

“(f) mechanically propelled vehicle insurance business, that is to say, the business of effecting contracts of insurance against loss of or damage to or arising out of or in connection with the use of mechanically propelled vehicles, including third party risks.”

(2) Where an assurance company or syndicate within the meaning of section 3 of the Insurance Act, 1936, carries on mechanically propelled vehicle insurance business within the meaning of that section, the Assurance Companies Act, 1909, as adapted by or under subsequent enactments, shall apply with respect to that business, subject to the following modifications:

(a) sections 5 and 6 of the said Act shall not apply to the company or syndicate;

(b) the company or syndicate shall annually prepare a statement of its mechanically propelled vehicle insurance business in such form as shall from time to time be directed by the Minister for Industry and Commerce and the statement shall be printed, signed and deposited with that Minister in accordance with section 7 of the said Act and that section shall apply accordingly;

(c) paragraphs (d), (e), (f) and (g) of section 32 of the said Act shall apply to the company or syndicate as if those paragraphs were here set out with the substitution of the expression “mechanically propelled vehicle insurance business” for the expression “accident insurance business” wherever that expression occurs in those paragraphs.

Section 75

Regulations in relation to certificates, keeping of records and giving of information.

75.—(1) The Minister may make regulations for all or any of the following purposes:

(a) the issue of certificates of insurance, certificates of guarantee and certificates of exemption;

(b) the issue of copies of, or new certificates in lieu of, any such certificates which are lost or destroyed and the maximum charges that may be made on such issues;

(d) requiring vehicle insurers to keep records of all approved policies of insurance and approved guarantees issued by them;

(e) requiring vehicle guarantors to keep records of all approved guarantees issued by them;

(f) requiring exempted persons to keep records of all certificates of exemption issued by them;

(g) specifying the matters to be recorded in the records;

(h) enabling the records to be inspected by members of the Garda Síochána and officers of the Minister;

(i) requiring vehicle insurers to furnish to members of the Garda Síochána and officers of the Minister information in relation to approved policies of insurance and approved guarantees issued by such insurers;

(j) requiring vehicle guarantors to furnish to members of the Garda Síochána and officers of the Minister information in relation to approved guarantees issued by such guarantors.

(2) A person who contravenes a regulation under this section which is declared to be a penal regulation shall be guilty of an offence.

Annotations

Editorial Notes:

E659
Power pursuant to this section and ss. 5, 62(1)(c), 63(1)(c), 65(1)(a), 66, 68(1) and 79 exercised (1.05.1962) by Road Traffic (Compulsory Insurance) Regulations 1962 (S.I. No. 14 of 1962).

Section 76

Miscellaneous provisions in relation to insured or guaranteed moneys.

76.—(1) Where a person (in this section referred to as the claimant) claims to be entitled to recover from the owner of a mechanically propelled vehicle or from a person (other than the owner) using a mechanically propelled vehicle (in this section referred to as the user), or has in any court of justice (in proceedings of which the vehicle insurer or vehicle guarantor hereinafter mentioned had prior notification) recovered judgment against the owner or user for, a sum (whether liquidated or unliquidated) against the liability for which the owner or user is insured by an approved policy of insurance or the payment of which by the owner or user is guaranteed by an approved guarantee, the claimant may serve by registered post, on the vehicle insurer by whom the policy was issued, or on the vehicle insurer or the vehicle guarantor by whom the guarantee was issued, a notice in writing of the claim or judgment for the sum, and upon the service of the notice such of the following provisions as are applicable shall, subject to subsection (2) of this section, have effect:

(a) the insurer shall not after service of the notice pay to the owner or user in respect of the sum any greater amount than the amount (if any) which the owner or user has actually paid to the claimant in respect of the sum;

(b) where the claimant has so recovered judgment for the sum, or after service of the notice so recovers judgment for the sum or any part thereof, the insurer or guarantor shall pay to the claimant so much of the moneys (whether damages or costs) for which judgment was or is so recovered as the insurer or guarantor has insured or guaranteed and is not otherwise paid to the claimant, and the payment shall, as against the insured or principal debtor, be a valid payment under the policy or guarantee;

(c) where the claimant has so recovered judgment for the sum, or after service of the notice so recovers judgment for the sum or any part thereof, and has not recovered from the owner or user or such insurer or guarantor the whole amount of the judgment, the claimant may apply to the court in which he recovered the judgment for leave to execute the judgment against the insurer or guarantor, and thereupon the court may, if it thinks proper, grant the application either in respect of the whole amount of the judgment or in respect of any specified part of that amount;

(d) where the claimant has not so recovered judgment for the sum, the claimant may apply to any court of competent jurisdiction in which he might institute proceedings for the recovery of the sum from the owner or user for leave to institute and prosecute those proceedings against the insurer or guarantor (as the case may be) in lieu of the owner or user, and the court, if satisfied that the owner or user is not in the State, or cannot be found or cannot be served with the process of the court, or that it is for any other reason just and equitable that the application should be granted, may grant the application, and thereupon the claimant shall be entitled to institute and prosecute those proceedings against the insurer or guarantor, and to recover therein from the insurer or guarantor any sum which he would be entitled to recover from the owner or user and the payment of which the insurer or guarantor has insured or guaranteed;

(e) the insurer or guarantor shall not, as a ground for refusing payment of moneys to the claimant or as a defence to proceedings by the claimant, rely on or plead any invalidity of the policy or guarantee arising from any fraud or any misrepresentation or false statement (whether fraudulent or innocent) to which the claimant was not a party or privy and which, if constituting F169[an offence] under this Part of this Act, was not the subject of a prosecution and conviction under the relevant section of this Act.

(2) Where, in respect of any one act of negligence or any one series of acts of negligence collectively constituting one event, there are two or more claimants and the total of the sums claimed for damages for injury to property or for which judgment has been recovered for damages for such injury exceeds the sum which the insurer or guarantor has insured or guaranteed, the liability, as regards each claimant, of the insurer or guarantor in relation to such damages shall be reduced to the appropriate proportionate part of the sum insured or guaranteed.

(3) Subsections (1) and (2) of this section apply only to claims against the liability for which an approved policy of insurance or an approved guarantee is required by this Act to be effected.

(4) F170[…]

(5) A reference in this section to the owner or user of a mechanically propelled vehicle shall, where the context so admits, be construed as including a reference to his personal representative.

Annotations

Amendments:

F169
Substituted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.

F170
Repealed (17.08.1961) by Civil Liability Act 1961 (41/1961), s. 5 and sch., part V, commenced on enactment.

Modifications (not altering text):

C57
Application of section modified (1.05.1962) by Road Traffic (Compulsory Insurance) Regulations 1962 (S.I. No. 14 of 1962), reg. 5 and sch. 1, para. (2), as amended (18.03.1964) by Road Traffic (Compulsory Insurance) (Amendment) Regulations 1964 (S.I. No. 58 of 1964), reg. 2, (23.11.1977) by Road Traffic (Compulsory Insurance) (Amendment) Regulations 1977 (S.I. No. 359 of 1977), reg. 2, (31.12.1988) by Road Traffic (Compulsory Insurance) (Amendment) Regulations 1987 (S.I. No. 321 of 1987), reg. 4 and later amended (4.07.2008) by European Communities (Motor Insurance) Regulations 2008 (S.I. No. 248 of 2008), reg. 4.

5.—(1) In this article “prohibited condition” means every condition, restriction or limitation on the liability of the insurer or guarantor under an approved policy of insurance or an approved guarantee which comes within any of the classes specified in the First Schedule to these Regulations or any other condition, restriction or limitation which has substantially the same effect as a condition, restriction or limitation which is so specified.

(2) There shall not be inserted in an approved policy of insurance or an approved guarantee any condition, restriction or limitation on the liability of the insurer or guarantor which affects the right of any person, except the person to whom the policy or guarantee was issued […], to recover by virtue of the policy or guarantee an amount under section 76 of the act or which could have the effect of reducing the amount which such a person could so recover, if such condition, restriction or limitation is a prohibited condition.

FIRST SCHEDULE

PROHIBITED CONDITIONS

(1)…

(2) Any limitation or restriction on the persons or classes of persons or the physical or mental condition of persons whose driving of a vehicle is covered by the approved policy of insurance or approved guarantee, except conditions which limit the persons so covered in any one or more of the following ways:—

…

(e) by requiring persons so covered to have the consent of a named person to such driving,

(f) by limiting the cover to cases where the person driving a vehicle either holds a driving licence to drive the vehicle or holds a provisional licence to drive the vehicle or having held either such licence or a driving licence issued under Part III of the Road Traffic Act, 1933 to drive such a vehicle has not been disqualified for holding it under section 26, 27 or 28 of the Act or under a disqualification order which is deemed to be a consequential disqualification order, an ancillary disqualification order or a special disqualification order by virtue of section 43 of the Act,

(g) by limiting the cover to cases where the person driving a vehicle holds a licence to drive a licensed public hire vehicle under article 34 or article 62 of the Road Traffic (Public Service Vehicles) Regulations, 1963 ( S.I. No. 191 of 1963 ) or having held such a licence or a licence to drive a public service vehicle under the Road Traffic Act, 1933 has not ceased to do so by reason of such licence being revoked under those Regulations or suspended or revoked under that Act.

…

The conditions referred to at (e), (f) and (g) of paragraph (2) shall provide that the limitations or restrictions shall not apply as respects a claim by a person to recover moneys from the insurer under section 76 of the Act.

Section 77

Application and repayment of deposit.

77.—(1) In this section “deposit” means a deposit under section 61 of this Act.

(2) Where a person has recovered judgment in any court against the depositor of a deposit for a sum to which this section applies, the High Court may, on the application of that person and if satisfied that the depositor has no goods which can be taken in execution to satisfy the judgment, order the amount of the judgment, together with the costs of the order, the application therefor and the proceedings thereunder, to be paid by the Accountant of the Courts of Justice out of the deposit.

(3) Where the amount of a judgment is paid under this section out of a deposit, the depositor may deposit with the Accountant of the Courts of Justice a sum equal to the sum paid out, and until he does so, he, shall be deemed not to comply with the provisions of this Part of this Act relating to the making of deposits.

(4) Where the depositor of a deposit, if an individual, becomes bankrupt or insolvent or dies or, if a corporate body, is wound up or, if a partnership or other unincorporated association, is dissolved, the deposit shall be applied, firstly, in payment of liabilities for sums to which this section applies and, secondly, as general assets.

(5) Where the High Court is satisfied, on the application of the depositor of a deposit or a person claiming through or under him and after notice to F171[the Minister] and after such publication of advertisements as the High Court directs, that the deposit should be paid out to the applicant, the High Court may order it to be so paid out either unconditionally or subject to conditions.

(6) Each of the following sums shall, for the purposes of the foregoing subsections of this section, be a sum to which this section applies:

(a) a sum against the liability for which the depositor of a deposit, being a vehicle guarantor, is guarantor under an approved guarantee,

(b) a sum against the liability for which the depositor of a deposit, being a vehicle guarantor or an exempted person, would, if he were not such depositor, have been required by this Act to have effected an approved policy of insurance or an approved guarantee.

Annotations

Amendments:

F171
Substituted (13.01.1971) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 6 of 1971.

Section 78

Provisions relating to Motor Insurers’ Bureau of Ireland.

F172[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.]

Annotations

Amendments:

F172
Substituted (20.11.1992) by European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 1992 (S.I. No. 347 of 1992), reg. 9, commenced as per reg. 3(1).

Section 78A
F173[

Vehicle insurers to provide details of motor insurance policies.

78A.—(1) A vehicle insurer shall make available, within 5 working days, to the Minister for Transport, the Garda Síochána and the Motor Insurer’s Bureau of Ireland, details of new motor insurance policies issued and existing motor insurance policies cancelled by it in so far as they relate to third party cover.

F174[(1A) Details made available under subsection (1) shall include—

(a) particulars, including the name and address, of the holder of a motor insurance policy,

(b) the period of cover of the policy,

(d) the persons or the classes of persons whose liability is covered under the policy,

(e) the vehicle (including the vehicle registration number) or class of vehicle the use of which is covered under the policy,

(f) the names of any driver or the class of driver whose driving is covered under the policy, and

(g) …]

(2) In this subsection “motor insurance policies” means approved policies of insurance (within the meaning of section 62) issued by a vehicle insurer.]

Annotations

Amendments:

F173
Inserted (1.06.2011) by Road Traffic Act 2010 (25/2010), s. 77, S.I. No. 255 of 2011.

F174
Inserted (25.11.2019) by Road Traffic Act 2016 (21/2016), s. 30, S.I. No. 582 of 2019.

F175
Substituted (22.12.2018) by Road Traffic Act 2018 (18/2018), s. 5(b), S.I. No. 538 of 2018.

Modifications (not altering text):

C58
Prospective affecting provision: subs. (1A)(g) inserted by Road Traffic Act 2016 (21/2016), s. 30, not commenced as of date of revision, as substituted (22.12.2018) by Road Traffic Act 2018 (18/2018), s. 5(b), S.I. No. 538 of 2018.

F175[(g) the number given at item 4d. and described as “Driver number” on the driving licence in scheduled form D.402 under Regulation 10 of the Road Traffic (Licensing of Drivers) Regulations 2006 (S.I. No. 537 of 2006) or the number given at item 4d. and described as “Driver number” on the learner permit in scheduled form D.202 under Regulation 17 of those Regulations.]

Editorial Notes:

E660
The section heading is taken from the amending section in the absence of one included in the amendment.

Section 78B 78B
F176[

Recovery of sums paid by Motor Insurers’ Bureau of Ireland

78B.—(1) Any proceedings initiated by or on behalf of the Motor Insurers’ Bureau of Ireland seeking recovery of liquidated sums paid by the Bureau pursuant to the MIBI Agreement may be brought under Order 2, rule 1 of the Rules of the Superior Courts (S.I. No. 15 of 1986).

(2) In this section “MIBI Agreement” means the Agreement on the Compensation of Uninsured Road Accident Victims dated 29 January 2009 between the Minister for Transport and the Motor Insurers’ Bureau of Ireland and includes any subsequent agreement which amends or replaces that Agreement.]

Annotations

Amendments:

F176
Inserted (20.03.2014) by Road Traffic Act 2014 (3/2014), s. 16, S.I. No. 147 of 2014.

Section 79

Exception of pedestrian-controlled vehicles.

79.—Pedestrian-controlled vehicles which are specified for the purposes of this section by the Minister by regulations and which comply with the conditions stated in the regulations are hereby excepted from this Part of this Act.

Annotations

Editorial Notes:

E661
Pedestrian-controlled vehicles specified (1.05.1962) by Road Traffic (Compulsory Insurance) Regulations 1962 (S.I. No. 14 of 1962), reg. 4.

E662
Power pursuant to this section and ss. 5, 62(1)(c), 63(1)(c), 65(1)(a), 66, 68(1) and 75 exercised (1.05.1962) by Road Traffic (Compulsory Insurance) Regulations 1962 (S.I. No. 14 of 1962).

Section 80

Special provisions for non-residents.

80.—The Minister may make regulations for the purpose of facilitating compliance with this Part of this Act by persons who ordinarily reside outside the State, and the regulations may modify in respect of those persons all or any of the provisions of this Part of this Act, but not so as substantially to exempt any person from the obligations imposed by this Part of this Act.

Annotations

Editorial Notes:

E663
Power pursuant to this section and ss. 5 and 42 exercised (1.01.1993) by Mechanically Propelled Vehicles (International Circulation) Order 1992 (S.I. No. 384 of 1992).

E664
Previous affecting provision: power pursuant to section exercised (1.05.1962) by Mechanically Propelled Vehicles (International Circulation) (Amendment) Order 1962 (S.I. No. 12 of 1962); revoked (1.01.1993) by Mechanically Propelled Vehicles (International Circulation) Order 1992 (S.I. No. 384 of 1992), art. 3 and sch. 1.

Section 81
Transitional provisions (Part VI).

81.—(1) A deposit under section 61 of the repealed Act existing at the commencement of this subsection shall be deemed to be a deposit under section 61 of this Act.

(2) A certificate under subsection (1) of section 68 of the repealed Act in force at the commencement of this subsection shall be deemed to be a certificate under subsection (1) of section 66 of this Act.

(3) A certificate under subsection (2) of section 68 of the repealed Act in force at the commencement of this subsection shall be deemed to be a certificate under subsection (2) of section 66 of this Act.

(4) A certificate under section 70 of the repealed Act in force at the commencement of this subsection shall be deemed to be a certificate under section 68 of this Act.

ROAD TRAFFIC ACT

Section 73

Production of certificate of insurance or guarantee.

73.— Section 69 of the Principal Act is amended by substituting for subsections (3) to (5) the following:

“(3) Where a person produces under this section a certificate to a member of the Garda Síochána but refuses or fails to permit the member to read and examine it, he or she commits an offence and the member may demand of him or her his or her name and address and date of birth.

(4) Where a person whose name and address or date of birth is demanded under subsection (3) refuses or fails to give his or her name and address or date of birth or gives a name or address or date of birth which is false or misleading, he or she commits an offence.

(5) A member of the Garda Síochána may arrest without warrant—

(a) a person who under this section provides a certificate but refuses or fails to permit the member to read and examine it, or

(b) a person who, when his or her name and address or date of birth is demanded of him or her by the member under this section, refuses or fails to give his or her name and address or date of birth or gives a name or address or date of birth which the member has reasonable grounds for believing to be false or misleading.”.

Section 74
Signature of applicant — driving licence, etc.

74.— Where a person applies for—

(a) a theory test certificate under the European Communities (Licensing of Drivers) Regulations 2003 (S.I. No. 52 of 2003) (as amended by the European Communities Driving Theoretical Tests (Amendment) Regulations 2006 (S.I. No. 538 of 2006)), to the Driver Theory Testing Service,

(b) a certificate of competency, to an issuing authority, or

the Service or authority, as the case may be, may—

(i) take a photograph or copy of the signature of the applicant,

(ii) keep a copy (including a digital copy) of the signature and the photograph which may also be transferred to and kept on the licence record relating to the applicant,

(iii) include a copy of the signature and the photograph on any theory test certificate or certificate of competence issued or driving licence or learner permit granted, and

(iv) store on any microchip incorporated on a driving licence or learner permit it grants to the applicant a digital copy of the applicant’s signature and photograph.

Section 77

Vehicle insurers to provide details of motor insurance policies.

77.— (1) Part VI of the Principal Act is amended by inserting after section 78 the following:

“78A.— (1) A vehicle insurer shall make available, within 5 working days, to the Minister for Transport, the Garda Síochána and the Motor Insurer’s Bureau of Ireland, details of new motor insurance policies issued and existing motor insurance policies cancelled by it in so far as they relate to third party cover.

(2) In this subsection ‘motor insurance policies’ means approved policies of insurance (within the meaning of section 62) issued by a vehicle insurer.”.

(2) Sub-article (4) of article 9 of the Road Traffic (Compulsory Insurance) Regulations 1962 (S.I. No. 14 of 1962) is revoked.

Rules of the Superior Courts

Order 91

The Road Traffic Acts 1961 to 1978

^[1]

1. Any application for an order against a vehicle insurer or a vehicle guarantor under the Road Traffic Act 1961, section 76, shall be by motion on notice, in the action in which the claimant has recovered judgment or, if there is no such action, entitled in the matter of the said Act and section and in the matter of the intended proceeding.

2. Where the claimant has recovered judgment, every such application shall be brought within six months of the date of such judgment or within such further time as the Court may allow.

3. (1) The notice of motion shall be served upon such vehicle insurer or vehicle guarantor and, where the claimant has recovered judgment, upon the person against whom such judgment was recovered or the personal representative of such person at least four clear days before the date named in the notice of motion for the hearing thereof; provided that the Court may upon the hearing of such motion dispense with service upon the person against whom judgment was recovered or his personal representative or may in lieu of personal service upon such person or his personal representative as aforesaid declare any service actually effected sufficient.

(2) The service of such notice of motion upon such vehicle insurer or vehicle guarantor may be effected by sending the same by registered post either to the head office or to the principal office in Ireland of such vehicle insurer or vehicle guarantor.

4.^[1] Where a claimant under the said section 76 is a child or a person in respect of whom a decision-making representation order has been made under section 38(2)(b) of the Assisted Decision-Making (Capacity) Act 2015 and is in force, the provisions of Order 22, rule 10, shall apply to any sum in respect of which such claimant obtained an order under the said section in like manner as if such claimant had recovered such sum in an action against such vehicle insurer or vehicle guarantor

5. The costs of and incidental to every application under this Order shall be in the discretion of the Court.

6. Words and phrases in this Order shall have the same meaning as in the said section 76.

Mandatory Insurance

ROAD TRAFFIC ACT 1961

Interpretation.

Obligation to be insured or guaranteed.

Fine in lieu of damages and imprisonment in addition to damages.

Vehicle insurer.

Vehicle guarantor.

Exempted person.

Deposits by exempted persons.

Approved policy of insurance.

Approved guarantee.

Fraud in obtaining policy or guarantee.

Excepted persons.

Certificate of insurance and certificate of guarantee.

Effect of certificate of insurance or guarantee.

Certificate of exemption.

Production of certificate on demand.

Insurance of certain vehicles entering the State.

Obligation to deliver up certificate.

Obligation of insured or principal debtor to give notice of accident.

Obligation of user of vehicle to give notice of accident.

Notice of accident involving vehicle temporarily in the State.

Obligation to give information as to insurance.

Amendment of Assurance Companies Act, 1909.

Regulations in relation to certificates, keeping of records and giving of information.

Miscellaneous provisions in relation to insured or guaranteed moneys.

Application and repayment of deposit.

Provisions relating to Motor Insurers’ Bureau of Ireland.

Vehicle insurers to provide details of motor insurance policies.

Recovery of sums paid by Motor Insurers’ Bureau of Ireland

Exception of pedestrian-controlled vehicles.

Special provisions for non-residents.

ROAD TRAFFIC ACT

Production of certificate of insurance or guarantee.

Vehicle insurers to provide details of motor insurance policies.

Rules of the Superior Courts

The Road Traffic Acts 1961 to 1978

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