The Minister for Local Government and Public Health in exercise of the powers vested in him under or by virtue of the Road Traffic Act, 1933 , Section 12 of the Roads Act, 1920, and of all other powers in that behalf vested in him hereby makes the following Regulations.

1 Short Title

1. These regulations may be cited as the Road Traffic (Third Party Risks) Regulations, 1933.

2 Interpretation

2. The Interpretation Act, 1923 , shall apply for the purpose of the interpretation of these regulations in the same manner in which it applies for the purpose of the interpretation of an Act of the Oireachtas.

3 Definitions

3.—(1) In these regulations, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them :—

The expression " the Act " means the Road Traffic Act, 1933 .

The expression " vehicle " means a mechanically propelled vehicle.

The expression " covering instrument " means and includes either an approved policy of insurance, an approved guarantee, or an approved combined policy and guarantee.

The expression " certificate of cover " means a certificate of insurance or a certificate of guarantee.

The expression " certificate " means a certificate of cover or a certificate of exemption ; and

The expression " coverer " means any person by whom a covering instrument is issued.

(2) In the application of these regulations to a policy of insurance and a guarantee which are deemed by virtue of sub-section (4) of section 64 of the act to constitute one document and to be an approved combined policy and guarantee references to the coverer shall be construed as referring to the person by whom the relevant portion of such combined policy and guarantee was issued.

4 Prohibited conditions in covering instruments

4.—(1) In this Article the expression " prohibited condition " means and includes every condition, restriction or limitation on the liability of the coverer under a covering instrument which comes within any of the classes mentioned 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 a covering instrument any condition, restriction or limitation on the liability of the coverer which affects the right of any person except the holder of the covering instrument or an excepted person to recover by virtue of the covering instrument, an amount under section 78 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.

5 Issue of certificate of cover

5—(1) When a covering instrument has been issued to any person, the coverer shall issue to such person, in accordance with this Article, one or more certificates of cover in the form appearing in the Second Schedule to these Regulations and stating the particulars of the covering instrument which are specified in the said form.

(2) (a) Where a covering instrument covers liabilities occasioned by the driving of a limited number of vehicles, one certificate of cover shall be issued for each such vehicle.

(b) Where a covering instrument covers liabilities occasioned by the driving of an unlimited number of vehicles by one or more specified drivers, one certificate of cover shall be issued for each such driver.

(c) Where a covering instrument covers only liabilities such as are referred to in paragraphs (a) and (b) no greater number of certificates of cover shall be issued by the coverer under this Article than is provided for in those paragraphs.

(3) Where a covering instrument covers any liabilities occasioned by the driving of one or more vehicles which are not referred to in the preceding sub-article, the coverer shall issue as many certificates of cover as the holder shall require.

Provided, however, that a charge not exceeding two shillings may be made by the coverer for every certificate of cover so issued in excess of five.

6 Lost or destroyed certificates of cover

6.—(1) The person to whom a certificate of cover was issued may, if such certificate of cover has been lost or destroyed, apply for a fresh certificate of cover to the coverer by whom such certificate was issued on the form set forth in the second schedule to these regulations

(2) On receiving an application under this Article the coverer shall, if he is satisfied that the certificate of cover to which such application relates has been lost or destroyed, issue a fresh certificate of cover to the person making such application.

(3) A charge not exceeding two shillings may be made by a coverer for the issue of a certificate of cover under this Article.

(4) Every application for a fresh certificate of cover received by a coverer under this Article shall be retained by the coverer for purposes of record until a date twelve months after the date of expiry of the period of cover of the covering instrument to which the certificate relates.

(5) Where, after the issue of a fresh certificate of cover to any person in place of a certificate of cover which has been lost, such person regains possession of such certificate, such person shall return the regained certificate to the coverer who shall cancel the certificate and retain it for purposes of record when so cancelled until a date twelve months after the date of expiry of the period of cover of the covering instrument to which it relates.

7 Obliterated or defaced certificates of cover

7.—(1) The person to whom a certificate of cover was issued shall, if such certificate of cover has become obliterated or is so defaced as to be illegible, return such certificate of cover to the coverer by whom it was issued for cancellation and replacement.

(2) Where a certificate of cover is returned under this Article, the coverer shall cancel such certificate of cover and issue a fresh certificate of cover to the person by whom it was so returned and shall retain such cancelled certificate for purposes of record until a date twelve months after the date of expiry of the period of cover of the covering instrument to which it relates.

(3) A charge not exceeding two shillings may be made by a coverer for the issue of a certificate of cover under this Article.

8 Charges for certificates of cover

8. Save where a charge is specifically provided for in these regulations no charge may be made by a coverer for the issue of a certificate of cover.

9 Form, etc., of certificate of exemption

9. Every certificate of exemption shall be in the form set out in the second schedule to these regulations and shall contain the particulars of the liability of the person by whom it is issued which are specified in the said form.

10 Authentication of certificates

10. Every certificate shall be duly authenticated in Saorstát Eireann by the coverer by whom it is issued or by some other person authorised by the coverer to authenticate the certificate on his behalf.

11 Prohibition of advertisements on certificates

11.—(1) The name and address of the coverer by whom a certificate is issued or a reproduction of a seal, monogram or similar device of such coverer may be printed or stamped on such certificate.

(2) Subject to the foregoing provisions of this Article a certificate shall not contain any advertising matter whether on the front or on the back.

12 Application for licence under Finance Act, 1920

12. Any person applying for a licence under the Finance Act, 1920 (as amended by subsequent enactments) in respect of a vehicle shall produce either

(1) a certificate of cover showing that when the licence so applied for comes into operation there will be in force a covering instrument covering the driving of that vehicle by the applicant or by other persons on his order or with his consent, or

(2) such evidence as satisfies the licensing authority that the applicant is either a coverer or an exempted person.

13 Records of covering instruments and certificates of cover

13.—(1) The coverer by whom a covering instrument is issued shall keep a record of each of the particulars and other matters which are required to be entered on a certificate of cover relating to such covering instrument and of the issue of any such certificate of cover until a date twelve months after the date of expiry of the period of cover of the covering instrument.

(2) In addition to the matters mentioned in the preceding sub-article a coverer who, by reason of the loss, destruction, obliteration or defacement of a certificate of cover, issues a fresh certificate of cover in pursuance of these regulations shall keep a record of such loss,destruction, obliteration or defacement until a date twelve months after the date of expiry of the period of cover of the covering instrument to which the certificate relates.

14 Records of certificates of exemption

14.—(1) A coverer or exempted person shall keep a record of every certificate of exemption issued by him and of the particulars and other matters which are required by these regulations to be entered on such certificate of exemption, until a date twelve months after such certificate has ceased to be valid.

(2) Every certificate of exemption shall be kept on the vehicle to which it relates during the period for which it is valid.

(3) When a certificate of exemption ceases to be valid, it shall be cancelled by the person by whom it was issued and retained by such person during a period of twelve months for purposes of record.

15 Powers of inspection and investigation

15. A coverer shall at the request of a member of the Gárda Síochána or a duly authorised officer of the Minister, admit such member or officer to the premises in which the business of coverer is carried on at any time while such premises are open for business, and shall there submit to such member or officer for his inspection any records kept by such coverer in pursuance of these regulations which such member or officer requires to be so submitted and shall permit such member or officer to inspect such records when so submitted.

16 Furnishing of information by coverer

16.—(1) A coverer shall furnish to a member of the Gárda Síochána or a duly authorised officer of the Minister any information in relation to any covering instrument or certificates of cover issued by him which such member or officer shall require.

(2) Where to the knowledge of the coverer the period of cover under a covering instrument is terminated or suspended without the consent of the person to whom it was issued before its expiration by effluxion of time, the coverer shall forthwith inform the Secretary to the Department of Local Government and Public Health of the date on which the covering instrument ceased to be effective.

17 Commencement of Regulations

17. These regulations shall not come into operation until the commencement of Part V of the Act save in so far as may be necessary for the purpose of bringing the said Part into operation at the date of the commencement thereof.

Article 4.

FIRST SCHEDULE.

THE PROHIBITED CONDITIONS.

1. Any condition under which the existence or the amount of the liability of the coverer depends on any specified thing being done or omitted to be done after any negligent driving which is covered by the covering instrument.

2. Any limitation or restriction on the drivers or classes of drivers or the description of drivers or the physical or mental condition of drivers whose driving is covered by the covering instrument except conditions which limit the persons whose driving is covered by the covering instrument in any one or more of the following ways, that is to say :—

(a) by specifying by name persons whose driving is to be covered ;

(b) by specifying by name persons whose driving is not to be covered ;

(d) by requiring persons whose driving is to be covered to be accompanied by a named person or by an employee of a named person ;

(e) by requiring persons whose driving is to be covered to have the consent of a named person to such driving ;

(f) by limiting the cover to cases where the person driving either holds a driving licence which operates to licence such person to drive the relevant vehicle or having held such a licence has not been disqualified from holding a driving licence by order of a court made or deemed to have been made under the Act ;

(g) by limiting the cover to cases where the person driving either holds a licence to drive a public service vehicle or having held such a licence has not ceased to do so by reason of such licence having been suspended or revoked under the Act.

3. Any condition under which the existence or the amount of the liability of the coverer depends on the construction, equipment, maintenance, or state of repair of the vehicle the driving of which is covered by the covering instrument, or the speed at which such vehicle is driven, or the keeping or carrying of anything on such vehicle.

4. Any condition requiring the existence or the amount of the liability of the coverer to be determined by arbitration.

5. Any condition under which the extent of the liability of the coverer depends on the existence or otherwise of any insurance or guarantee other than the covering instrument.

6. Any condition which would have the effect of extending the right of a coverer under Section 78 (1) (e) of the Act to refuse payment to a claimant or to defend proceedings by a claimant on the ground that the covering instrument was obtained by fraud, misrepresentation or false statement.

Article 5.

FORM OF CERTIFICATE OF COVER.

ROAD TRAFFIC ACT, 1933 .

Certificate of	{	Insurance
		Guarantee,
Insurance and Guarantee.

No. of Certificate........................

No. of the..................................................(a)....................................................

............................................................ ..........................................

PARTICULARS.

1. Name and address of person to whom the................................(a).......

has been issued (b)............................................................ .....................

2. Period of Cover :—

From............................................................ ..................

To............................................................ ...................

3. Limitations as to use............................................................ ......................

4. Persons, or classes of persons, whose liability is covered (c)

............................................................ ..........................

5. Vehicles, or classes of vehicles, the driving of which is covered (c) (d)............................................................ ............................

6. Drivers, or classes of drivers, whose driving is covered (c)............

............................................................ ....................................

I/We hereby certify that an approved (a)....................................has been issued by me/us to the person named above, that the particulars stated above are correct, and that, within such particulars and subject to the provisions of the Road Traffic Act, 1933 , the................................(a)................................................covers all liabilities which are required byPart V of the said Act to be the subject of either an approved policy of insurance, an approved guarantee or an approved combined policy and guarantee.

Signature or Seal of Vehicle Insurer or Vehicle Guarantor		............................................................ ............
Postal Address............................................................ ........................................
Signature of person authenticating (e) on behalf of vehicle insurer or vehicle guarantor.		............................................................ ...........
Date of Authentication............................................................ ...

NOTES:

(a) Here insert either " policy of insurance " or " guarantee " or " combined policy and guarantee " as may be appropriate.

(b) If the address is altered after the issue of the certificate it shall not be necessary to issue a fresh certificate.

(c) Paragraphs 4, 5 and 6 of the Particulars may be set out in tabular form in a case where that arrangement is found to be convenient.

(d) In the case of a specified vehicle which has not yet been registered, the engine number or chassis number must be inserted here. In the case of any other specified vehicle the index mark and registration number must be inserted.

(e) The certificate is to be authenticated in Saorstát Eireann.

Article 6.

FORM OF APPLICATION FOR REPLACEMENT OF LOST OR DESTROYED CERTIFICATE.

ROAD TRAFFIC ACT, 1933 .

To (name of vehicle insurer or vehicle guarantor)............................................................ .....

In pursuance of Article 6 of the Road Traffic (Third Party Risks) Regulations, 1933, I............................................................ .being the person to whom the certificate of insurance/guarantee described below was issued, hereby apply to you............................................................ .....by whom the said certificate was issued for a fresh certificate of insurance/guarantee, and I declare that the said certificate has been lost/destroyed under the following circumstances. (See Note).

............................................................ ............................................................ ..........

Signed............................................................ .....................................

Postal Address............................................................ ........................

Date............................................................ .......................................

Number of Certificate........................

Number of	{	Policy	...................
		Guarantee
Combined Policy and Guarantee

NOTE:

Here should be inserted a short statement of the circumstances under which the certificate is alleged to have been lost or destroyed, giving the date of such loss or destruction.

Article 9

FORM OF CERTIFICATE OF EXEMPTION.

ROAD TRAFFIC ACT, 1933 .

Vehicle insurer

I/We............................................................ ...being a Vehicle guarantor

Exempted person

hereby certify that I am/We are the owner of the vehicle, particulars of which are set out at the foot of this certificate, and that, subject to the conditions, restrictions or limitations (if any) which are set out at the foot of this certificate, I am/We are liable for injury occasioned by the negligent driving of said vehicle by any of the persons who are named at the foot of this certificate during the period when this certificate is valid.

1. Particulars of vehicle :

(1) Index mark and registration number.

(2) Make.

(3) Type of body.

(4) Colour.

2. Persons authorised to drive the vehicle:

............................................................ ...................................................

3. Conditions, restrictions or limitations on liability (if any):

............................................................ ...................................................

4. Period for which certificate is valid:

From the........................day of.................................................19........

To the.............................day of.................................................19........

Signature or Seal of vehicle insurer, vehicle guarantor or exempted person		............................................................ .......
Postal Address............................................................ .....
Date............................................................ ....................

Given under the Official Seal of the Minister for Local Government and Public Health, this 10th day of November, One Thousand Nine Hundred and Thirty-Three.

(Signed) SEÁN T. Ó CEALLAIGH,

Minister for Local Government and Public Health.