S.I. No. 14/1962 - Road Traffic (Compulsory Insurance) Regulations, 1962.

S.I. No. 14 of 1962.

ROAD TRAFFIC (COMPULSORY INSURANCE) REGULATIONS, 1962.

The Minister for Local Government in exercise of the powers conferred on him by section 5, paragraph (c) of subsection (1) of section 62, paragraph (c) of subsection (1) of section 63, paragraph (a) of subsection (1) of section 65, section 66, subsection (1) of section 68, section 75 and section 79 of the Road Traffic Act, 1961 (No. 24 of 1961) hereby makes the following Regulations :—

1. These Regulations may be cited as the Road Traffic (Compulsory Insurance) Regulations, 1962.

2. In these Regulations—

" the Act " means the Road Traffic Act, 1961 ;

" vehicle " means a mechanically propelled vehicle.

3. These Regulations shall come into operation on the 1st day of May, 1962.

4. For the purposes of section 79 of the act, the specified pedestrian-controlled vehicles which are excepted from Part VI of the Act shall be those pedestrian-controlled vehicles which are neither constructed nor adapted for use for carrying the driver or a passenger and which comply with the condition that they do not exceed eight hundredweight in weight unladen.

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 or an excepted person, 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.

6.—(1) The following classes of vehicles are hereby specified for the purposes of paragraph (a) of subsection (1) of section 65 of the act :—

(a) public service vehicles ;

(b) vehicles constructed primarily for the carriage of one or more passengers ;

(c) station wagons, estate cars and other similar vehicles which are constructed or adapted for alternative purposes (including the carriage of one or more passengers) and which are fitted with seats, whether rigid, collapsible or detachable, in the area to the rear of the driver's seat.

(2) In sub-article (1) of this article " passenger " does not include a driver or a person being conveyed by a cycle whether in a sidecar or otherwise.

7.—(1) Every certificate of insurance or guarantee shall be in the form in the Second Schedule hereto and shall state the particulars of the policy or guarantee which are required in the said form to be specified.

(2) When an approved policy of insurance or an approved guarantee is issued to a person, the insurer or guarantor shall issue to such person—

(a) one certificate of insurance or guarantee for each vehicle, where the policy or guarantee covers liabilities occasioned by the use of a limited number of vehicles ;

(b) one certificate of insurance or guarantee for each person specified, where the policy or guarantee covers liabilities occasioned by the use of an unlimited number of vehicles by one or more specified persons ;

(c) such number of certificates of insurance or guarantee as are required by the person to whom the policy or guarantee is issued, where the policy or guarantee covers any other liabilities.

(3) (a) Subject to paragraphs (b), (c) and (d) of this sub-article, every certificate of insurance or guarantee shall be duly authenticated in the State by the insurer or guarantor by whom it is issued or by some other person authorised by the insurer or guarantor to authenticate the certificate on his behalf.

(b) A certificate of insurance or guarantee issued to a person resident outside the State may be authenticated outside the State by the insurer or guarantor or some other person authorised by him, provided that—

(i) the certificate is, before authentication, signed on the back thereof in the State by a person authorised by the insurer or guarantor to authenticate certificates in the State under paragraph (a) of this sub-article, and,

(ii) the address in the State of the person referred to in sub-paragraph (i) of this paragraph is set out on the front or back of the certificate.

(c) The signature referred to in sub-paragraph (i) of paragraph (b) of this sub-article may be effected before any particulars or other matters have been entered on the certificate.

(d) A copy of every certificate authenticated outside the State shall be sent by post within twenty-four hours to the address referred to in sub-paragraph (ii) of paragraph (b) of this sub-article.

(4) If any alteration is made in the particulars shown on a certificate of insurance or guarantee after the issue thereof (other than an alteration, made by the insurer or guarantor, of the address of the person to whom the certificate was issued) the certificate shall be invalid.

(5) (a) If a certificate of insurance or guarantee is lost or destroyed, the person to whom it was issued may apply for a new certificate on the form in the Second Schedule hereto to the insurer or guarantor by whom the certificate was issued.

(b) On receipt of an application under paragraph (a) of this sub-article, the insurer or guarantor shall, if he is satisfied that the certificate was lost or destroyed, issue a new one.

(c) Every application made under paragraph (a) of this sub-article shall be retained by the insurer or guarantor until twelve months have elapsed from the expiry of the period of cover of the policy or guarantee to which the certificate relates.

(d) Where a person, after the issue of a new certificate to him, regains possession of the lost certificate, he shall return the latter document to the insurer or guarantor, who shall cancel it and retain it until twelve months have elapsed from the expiry of the period of cover of the policy or guarantee to which the certificate relates.

(6) If a certificate of insurance or guarantee becomes obliterated or so defaced as to be illegible, the person to whom it was issued shall return it to the insurer or guarantor, who shall issue a new certificateand retain the returned certificate until twelve months have elapsed from the expiry of the period of cover of the policy or guarantee to which the certificate relates.

(7) (a) Subject to paragraphs (b) and (c) of this sub-article, no charge shall be made for a certificate of insurance or guarantee.

(b) If more than five certificates of insurance or guarantee are issued in respect of a policy or guarantee under paragraph (c) of sub-article (2) of this Article, a charge not exceeding five shillings may be made for every certificate so issued in excess of five.

(c) Where a new certificate is issued under sub-article (5) or sub-article (6) of this Article, a charge not exceeding five shillings may be made.

(8) An insurer or guarantor shall keep, in respect of each approved policy of insurance or approved guarantee issued by him, a record of—

(a) the particulars and other matters required to be stated on a certificate of insurance or guarantee relating to such policy or guarantee,

(b) the issue of any such certificate,

(c) the loss, destruction, obliteration or defacement of any such certificate,

until twelve months have elapsed from the expiry of the period of cover of the policy or guarantee.

8.—(1) Every certificate of exemption shall be in the form in the Second Schedule hereto and shall state the particulars which are required in the said form to be specified in respect of the liability of the person by whom it is issued.

(2) A 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 exempted person, insurer or guarantor by whom it was issued and retained by him for twelve months.

(4) An exempted person, insurer or guarantor shall keep a record of every certificate of exemption issued by him and of the particulars and other matters required to be stated on such certificate, until twelve months have elapsed from the day when such certificate ceased to be valid.

9.—(1) The records required to be kept under these Regulations shall be kept by the insurer, guarantor or exempted person concerned—

(a) at premises in the State in the possession or control of the insurer or guarantor at which he carries on the business of insurer or guarantor, or

(b) at premises in the State at which the powers of investigation and inspection referred to in sub-article (2) of this Article can be exercised and the address of which (together with the name and address of the person in whose possession and control they are) has been notified to the Minister for Local Government.

(2) An insurer, guarantor or exempted person or a person referred to in paragraph (b) of sub-article (1) of this article shall, on request, admit a member of the Garda Síochána or a duly authorised officer of the Minister to the premises in which records required to be kept under these Regulations are kept at any time while such premises are open to business, and any such records shall be submitted to the member or officer for his inspection and he shall be permitted to inspect the records and make copies thereof.

(3) An insurer, guarantor or exempted person shall furnish to a member of the Garda Síochána or a duly authorised officer of the Minister any information in relation to any approved policy of insurance, approved guarantee or certificate of insurance, guarantee or exemption issued by him which such member or officer shall require.

(4) Where to the knowledge of an insurer or guarantor the period of cover under an approved policy of insurance or an approved guarantee is suspended without the consent of the person to whom it was issued before its expiration by effluxion of time, the insurer or guarantor shall forthwith inform the Minister for Local Government of the date on which the policy or guarantee ceased to be effective.

(5) In this Article, " records required to be kept under these Regulations " means the documents and other records required in pursuance of articles 7 and 8 of these Regulations to be retained or kept for twelve months by an exempted person, insurer or guarantor.

10. Sub-articles (5), (6), (7) and (8) of article 7, sub-articles (2), (3) and (4) of article 8 and article 9 of these Regulations shall be penal regulations for the purposes of subsection (2) of section 75 of the act.

11. The Road Traffic (Third Party Risks) Regulations, 1933 (S.R. and O. 1933 No. 130) and the Road Traffic (Third Party Risks) Regulations, 1934 (S.R. and O. 1934 No. 81) are hereby revoked.

Article 5

FIRST SCHEDULE

PROHIBITED CONDITIONS

(1) Any condition under which the existence or the amount of the liability of the insurer or guarantor depends on any specified thing being done or omitted to be done after any negligent use of a vehicle, where such use is covered by the approved policy of insurance or approved guarantee.

(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:—

(a) by specifying by name the persons to be so covered,

(b) by specifying by name the persons not to be so covered,

(c) by specifying by name persons whose employees are to be so covered,

(d) by requiring persons so covered to be accompanied by a named person or an employee of a named person,

(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 having held such a licence has not been disqualified for holding it,

(g) by limiting the cover to cases where the person driving a vehicle holds a licence to drive a public service vehicle under the Road Traffic Act, 1933 , or having held such a licence has not ceased to do so by reason of such licence having been suspended or revoked under that Act.

(3) Any condition under which the existence or the amount of the liability of the insurer or guarantor depends on—

(a) the weight, construction, equipment, maintenance or state of repair of a vehicle the use of which is to be covered,

(b) the speed at which such vehicle is to be driven,

(c) the keeping or carrying of anything on such vehicle,

(d) the times at which or the areas within which such vehicle is used,

(e) the number of persons carried by such vehicle (except where such vehicle is a cycle), or

(f) the weight or physical characteristics of the goods to be carried in such vehicle.

(4) Any condition requiring the existence or the amount of the liability of the insurer or guarantor to be determined by arbitration.

(5) Any condition under which the extent of the liability of the insurer or guarantor depends on the existence or otherwise of any insurance or guarantee other than the approved policy of insurance or approved guarantee.

(6) Any condition which would have the effect of extending the right of an insurer or guarantor under section 76 (1) (e) of the Act to refuse payment to a claimant or to defend proceedings by a claimant on the ground that the approved policy of insurance or approved guarantee was obtained by fraud, misrepresentation or false statement.

SECOND SCHEDULE.

Forms prescribed by Articles 7 and 8.

FORM OF APPLICATION FOR REPLACEMENT OF LOST OR DESTROYED CERTIFICATE OF INSURANCE OR GUARANTEE.

ROAD TRAFFIC ACT, 1961 .

To...................................................(name of vehicle insurer or guarantor by whom the original certificate was issued)............................................. In pursuance of Article 7 of the Road Traffic (Compulsory Insurance) Regulations, 1962, I............................................................ ...................................... being the person to whom the certificate of insurance/guarantee described below was issued, hereby apply to you for a new certificate of insurance/guarantee and I declare that the said certificate has been lost/destroyed under the following circumstances :—

(Here insert a short statement of the circumstances and date on

which the certificate is alleged to have been lost or destroyed.)

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

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

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

Number of certificate............................................................ ...........

ROAD TRAFFIC ACT, 1961 .

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

No. of Policy of Insurance/Guarantee..............................

PARTICULARS

1. Name and address of person to whom the policy of insurance/guarantee has been issued............................................................ ............................................................ ...............................................

2. Period of Cover :—From............................................................ ............................................................ ...............

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

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

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

............................................................ ............................................................ ....................................................Note (a)

5. Vehicles, or classes of vehicles, the use of which is covered............................................................ ...................

............................................................ ............................................................ .............................................Notes (a) (b)

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

............................................................ ............................................................ ....................................................Note (a)

I/We hereby certify that an approved policy of insurance/guarantee 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, 1961 , the policy of insurance/guarantee covers all liabilities which are required by the said Act to be the subject of an approved policy of insurance/an approved guarantee.

Signature or seal of vehicle

insurer or vehicle guarantor............................................................ ................................................Note (c)

Postal address............................................................ ............................................................ ..........................

Signature of person authenticating

on behalf of vehicle insurer or

vehicle guarantor............................................................ ............................................................ ..............

Date of authentication............................................................ ............................................................ .............

Notes :

(a) These Paragraphs may be set out in a tabular form if necessary.

(b) In the case of a specified vehicle, the engine number or chassis number of the vehicle should be inserted here if the vehicle is not yet registered : otherwise the identification mark of the vehicle should be inserted.

(c) The full name or names of the insurer(s) or guarantor(s) by whom the certificate is issued shall appear in this space. If the names are printed, it shall be regarded as complying with this requirement.

(d) The name and address of the insurer or guarantor by whom the certificate is issued or a reproduction of the seal, monogram or similar device of such insurer or guarantor may be printed or stamped on the certificate ; otherwise, no advertising matter shall appear on the front or back of the certificate.

FORM OF CERTIFICATE OF EXEMPTION ROAD TRAFFIC ACT, 1961 .

hereby certify that I am/we are the owner of the vehicle, particulars of which are set out in this certificate, and the owner of the vehicle, particulars of which are set out in this certificate, and that, subject to the conditions, restrictions or limitations (if any) which are set out in this certificate, I am/we are liable for injury occasioned by the negligent use of said vehicle by any of the persons who are mentioned or otherwise indicated in this certificate during the period for which the certificate is valid.

1. Particulars of Vehicle:

(1) Identification mark............................................................ ............................................................ ..............

(2) Make ............................................................ ............................................................ ...................................

(3) Type of body............................................................ ............................................................ ......................

(4) Colour............................................................ ......

2. Persons authorised to use 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............................................................ ............................................................ ......Note (a)

Postal address............................................................ ............................................................ ........................

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

Notes :

(a) The full name of the person by whom the certificate is issued shall appear in this space. If the name is printed, it shall be regarded as. complying with this requirement.

(b) The name and address of the person by whom the certificate is issued or a reproduction of the seal, monogram or similar device of such person may be printed on the certificate ; otherwise, no advertising matter shall appear on the front or back of the certificate.

GIVEN under the Official Seal of the Minister for Local Government this Thirty-first day of January One Thousand Nine Hundred and Sixty-two.

NEIL T. BLANEY,

Minister for Local Government.

EXPLANATORY NOTE.

These regulations are to implement Part VI of the Road Traffic Act, 1961 which deals with compulsory insurance of mechanically propelled vehicles.

Article 4 specifies the types of pedestrian-controlled vehicles to be excepted from Part VI of the Act.

Article 5 prescribes the conditions which are not to be inserted in an approved policy of insurance or an approved guarantee.

Article 6 specifies the classes of vehicles for which passenger insurance cover is compulsory.

Articles 7, 8 and 9 deal with the issue of certificates of insurance, guarantee and exemption, their form, the number to be issued, the charges which may be made, the records which must be kept by insurers and others, the furnishing of information by insurers and guarantors and other related matters.

Article 10 specifies the regulations which are to be penal regulations.

Article 11 revokes previous regulations, made under the Road Traffic Act, 1933 .