S.I. No. 178/1975:

EUROPEAN COMMUNITIES (ROAD TRAFFIC) (COMPULSORY INSURANCE) REGULATIONS, 1975.

EUROPEAN COMMUNITIES (ROAD TRAFFIC) (COMPULSORY INSURANCE) REGULATIONS, 1975.

The Minister for Local Government in exercise of the powers conferred on him by section 3 of the European Communities Act, 1972 (No. 27 of 1972) hereby makes the following Regulations:--

1. These Regulations may be cited as the European Communities (Road Traffic) (Compulsory Insurance) Regulations, 1975.

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

3. Section 56 of the Act is hereby amended as follows:--

( a ) by the insertion therein of the following subsection after subsection (2)--

"(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 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 and trailers, whether or not coupled, of the territory where the damages or costs may be incurred."

( b ) by the addition thereto of the following subsections--

"(7) In this part of this Act, "the designated territories" means the European territories of the Member States, other than Ireland, of the European Economic Community, and Austria, Finland, Norway, Sweden, Switzerland, Hungary, Czechoslovakia and the German Democratic Republic.

(8) In this part of this Act, a reference to the territory in which a vehicle is normally based shall be a reference to the territory of the State in which the vehicle is registered; or in a case where no registration 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 insurance plate or the sign is issued; or in a case where a registration plate 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 permanently resident.

(9) In this part of this Act a reference to a mechanically propelled vehicle includes a reference to a trailer, whether or not coupled, which is normally based in a territory other than Ireland or the designated territories and which has been temporarily brought into the State."

4. Section 62 of the Act is hereby amended by the insertion in subsection (1), after paragraph (c), of the following--

"( cc ) the liability of the insurer extends, in addition to the negligent use of the 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;"

5. Section 62 of the Act is hereby further amended by the insertion after subsection (1) of the following subsection--

"(1A) For the purpose of this Act a policy of insurance issued in accordance with the national laws on compulsory insurance in force in any of the designated territories, other than Ireland, in respect of a vehicle normally based in that territory shall be an approved policy of insurance."

6. The Act is hereby amended by the insertion after section 69 of the following section--

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 a fine not exceeding £50."

7. The Act is hereby amended by the insertion after section 72 of the following section--

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 Irish Visiting Motorists' Bureau Limited 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."

GIVEN under the Official Seal of the Minister for Local

Government this 5th day of August 1975.

JAMES TULLY,

Minister for Local Government.

EXPLANATORY NOTE.

These Regulations arise out of Directive No. 72/166 E.E.C. of 24th April, 1972, dealing with the abolition of insurance checks on vehicles moving between member States of EEC and between those States and certain other countries which have made appropriate arrangements with EEC. The Regulations amend the Road Traffic Act, 1961 , so as to make it obligatory for Irish vehicles to be insured for use in the whole area of EEC and in the associated countries, and to prohibit the entry and use of vehicles here if they come from countries other than EEC and associated countries, and are not similarly insured. The obligation to report accidents to the insurer is amended, in the case of visiting vehicles from EEC and the associated countries, so as to require the report to be made to the Irish Visiting Motorists' Bureau Limited.