S.I. No. 353/1995 - European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations, 1995.

S.I. No. 353 of 1995.

EUROPEAN COMMUNITIES (ROAD TRAFFIC) (COMPULSORY INSURANCE) (AMENDMENT) REGULATIONS, 1995.

The Minister for the Environment, in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972) and for the purpose of giving effect to Council Directive 72/166/EEC⁽¹⁾ as amended by Council Directive 84/5/EEC⁽²⁾ and by Council Directive 90/232/EEC⁽³⁾ hereby makes the following Regulations—

⁽¹⁾OJ No. L103/1 of 2.5.1972

⁽²⁾OJ No. L8/17 of 11.1.1984

⁽³⁾OJ No. L129/33 of 19.5.1990

1. (1) These Regulations may be cited as the European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations, 1995.

(2) These Regulations and the European Communities (Road Traffic) (Compulsory Insurance) Regulations, 1975 to 1992 shall be construed as one and may be cited together as the European Communities (Road Traffic) (Compulsory Insurance) Regulations, 1975 to 1995.

2. In these Regulations "the Act" means the Road Traffic Act, 1961 (No. 24 of 1961).

3. (1) The following subsection is hereby substituted for subsection (2) of section 56 of the Act as inserted by sub-article (1) of article 4 of the European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations, 1987 ( S.I. No. 322 of 1987 ):—

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

( a ) it may, in so far as it relates to injury to property, be limited to the sum of ninety thousand pounds in respect of injury caused by any one act of negligence or any one series of acts of negligence collectively constituting one event,

( 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.".

(2) The following subsection is hereby substituted for subsection (7) of section 56 of the Act as inserted by article 3 (b) of the European Communities (Road Traffic) (Compulsory Insurance) Regulations, 1975 ( S.I. No. 178 of 1975 )—

"(7) In this part of this Act, "the designated territories" means the European territories of the Member States, other than Ireland, of the European Community and the Czech Republic, Hungary, Iceland, Norway, the Slovak Republic and Switzerland.".

(3) These Regulations shall come into effect on the 1st day of January, 1996.

GIVEN under the Official Seal of the Minister for the Environment,

this 20th day of December, 1995.

BRENDAN HOWLIN,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations update, with effect from 1st January, 1996, the legislation which implemented certain provisions of the EC Motor Insurance Directives as follows—

— the statutory minimum cover for property damage arising from one accident is increased from £80,000 to £90,000 to comply with the Second Motor Insurance Directive's (84/5/EEC) minimum of 100,000 ecus;

— the wording of the legislation relating to the geographic coverage of motor insurance policies required by the First Motor Insurance Directive (72/166/EEC) is revised to take account of new Member States in the European Community, the revision of certain political boundaries and the inclusion of Iceland within the coverage of such policies by virtue of its Motor Insurers' Bureau becoming a party to the Multilateral Guarantee Agreement Between National Insurers' Bureaux (OJ No. L177 of 5.7.91) and of a European Commission Decision (C(92) 3230 final of 21.12.92).