European Communities (Motor Insurance) Regulations 2008
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the European Communities (Motor Insurance) Regulations 2008.
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paragraphs: Section 56 of the Road Traffic Act 1961 is amended—
(a) in paragraph (a) of subsection (1), by deleting “(exclusive of the excepted persons)”,
(b) in subsection (2) (inserted by Regulation 3(1) of the European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 1995 ( S.I. No. 353 of 1995 )) by substituting for paragraph (a) the following:
“(a) it may, in so far as it relates to injury to property, be limited to the sum of €1,000,000 per claim, whatever the number of victims,”, and
(c) by substituting for subsection (7) (inserted by Regulation 3 of European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 2001 ( S.I. No. 463 of 2001 )) subsection (8) (inserted by Regulation 4(2) of the European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 1987 ( S.I. No. 322 of 1987 )) and subsections (9) and (10) (inserted by the European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 1992 ( S.I. No. 347 of 1992 )) the following:
“ (8) In this Part a reference to the territory in which a vehicle is normally based is a reference to—
(a) the territory of the state of which the vehicle bears a registration plate, irrespective of whether the plate is permanent or temporary,
(b) in a case where no registration plate is required for a type of vehicle, but the vehicle bears an insurance plate or a distinguishing sign analogous to the registration plate, the territory of the state in which the plate or sign is issued, or
(c) in a case where a registration or insurance plate or distinguishing sign is not required for a vehicle, the territory of the state in which the person who has custody of the vehicle is resident.
(9) In this Part—
‘designated territories’ means the territories of the Member States (other than the State) and Croatia, Iceland, Norway and Switzerland;
‘mechanically propelled vehicle’ includes a semi-trailer or trailer when used in a public place.”.
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paragraphs: Section 62 of the Road Traffic Act 1961 is amended—
(a) in subsection (1) by—
(i) in paragraph (b) by deleting “(exclusive of the excepted person)”,
(ii) in paragraph (c) by deleting “and” after “insurance”,
(iii) by substituting for paragraph (ii) (inserted by Regulation 4(2) of the European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 1992 ( S.I. No. 347 of 1992 )) the following:
“(cc) The liability of the insurer extends, in addition to the negligent use of the mechanically propelled vehicle in the State, to the negligent use of the vehicle in the designated territories according to the law relating to compulsory insurance against civil liability in respect of the use of mechanically propelled vehicles in force in those territories or to the extent required by this Part, whichever is the greater;”,
(iv) in paragraph (d) by substituting “insured; and” for “insured.”, and
(v) by inserting after paragraph (d) the following:
“(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.”,
(b) by substituting for subsection (1A) (inserted by Regulation 5 of the European Communities (Road Traffic) (Compulsory Insurance) Regulations 1975 ( S.I. No.178 of 1975 )) the following:
“(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.”,
(c) by inserting after subsection (3) the following:
“(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.”.
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paragraphs: Regulation 5(2) of the Road Traffic (Compulsory Insurance) Regulations 1962 ( S.I. No. 14 of 1962 ) is amended by deleting “or an excepted person”.
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paragraphs: The European Communities (Fourth Motor Insurance Directive) Regulations 2003 ( S.I. No. 651 of 2003 ) are amended—
(a) in Regulation 3, by inserting after paragraph (6) the following:
“(7) Paragraphs (5) and (6) of this Regulation, paragraphs (8) to (10) of Regulation 4 and Regulation 5 apply to all injured parties normally resident in an EEA State.”,
(b) in Regulation 4, by substituting for paragraph (11) the following:
“(11) The appointment of a claims representative does not in itself constitute a head office, agency or branch of an insurance undertaking or does not constitute an establishment in any EEA State.
(12) Paragraphs (8) to (10) apply to the Motor Insurers’ Bureau of Ireland as they apply to insurance undertakings and claims representatives.”, and
(c) in Regulation 5(3), by deleting subparagraph (c).