S.I. No. 346/1992:

ROAD TRAFFIC (COMPULSORY INSURANCE) (AMENDMENT) REGULATIONS, 1992.

ROAD TRAFFIC (COMPULSORY INSURANCE) (AMENDMENT) REGULATIONS, 1992.

The Minister for the Environment, in exercise of the powers conferred on him by section 5 and paragraph (a) of subsection (1) of section 65 of the Road Traffic Act, 1961 (No. 24 of 1961), hereby makes the following Regulations:--

1. (1) These Regulations may be cited as the Road Traffic (Compulsory Insurance) (Amendment) Regulations, 1992.

(2) These Regulations and the Road Traffic (Compulsory Insurance) Regulations, 1962 to 1987, shall be construed as one and may be cited together as the Road Traffic (Compulsory Insurance) Regulations, 1962 to 1992.

2. In these Regulations "the Principal Regulations" means the Road Traffic (Compulsory Insurance) Regulations, 1962 ( S.I. No. 14 of 1962 ).

3. (1) Articles 5 and 6 of these Regulations shall come into operation on the 20th day of November, 1992.

(2) Article 4 of these Regulations shall come into operation on the dates specified in Article 4.

4. The following article is hereby substituted for article 6 of the Principal Regulations--

"6. (1) The following vehicles are hereby specified for the purpose of paragraph (a) of subsection (1) of section 65 of the Act--

( a ) vehicles, other than cycles, designed and constructed with seating accommodation for passengers;

( b ) cycles designed and constructed with seating accommodation for passengers.

(2) Subparagraph (a) of paragraph (1) of this Article shall come into operation on the 31st day of December, 1995.

(3) Subparagraph (b) of paragraph (1) of this Article shall come into operation on the 31st day of December, 1998.".

5. The following sub-article is hereby substituted for sub-article (3) of article 7 of the Principal Regulations--

"(3) Every certificate of insurance shall be duly authenticated by the insurer by whom it is issued or by some other person authorised by the insurer to authenticate the certificate on his behalf.".

6. The following article is hereby substituted for article 9 of the Principal Regulations--

"9. --(1) An insurer, or a person authorised to represent an insurer, or an exempted person shall provide a member of the Garda Síochána or a duly authorised officer of the Minister, on request by such officer or member, with access to or copies of documents and other records kept by the insurer or exempted person for 12 months, in pursuance of Articles 7 or 8 of these Regulations.

(2) Where to the knowledge of an insurer an approved policy of insurance is cancelled without the consent of the person to whom it was issued before its expiration by effluxion of time, the insurer shall within ten clear days of such cancellation, inform the Minister for the Environment of the date on which the policy ceased to be effective.

(3) Saturday, Sunday and any public holiday shall not be included in the reckoning of the ten clear days in accordance with sub-article (2) of this Article.".

GIVEN under the Official Seal of the Minister for the Environment, this 19th day of November, 1992.

MICHAEL SMITH,

Minister for the Environment.

EXPLANATORY NOTE.

These Regulations give effect to certain provisions of the Third EC Directive on Motor Insurance -- Third Council Directive 90/232/EEC of 14th May, 1990 on the approximation of the laws of Member States relating to insurance against civil liability in respect of the use of motor vehicles (OJ No. L129/33 of 19.5.1990).

The Regulations extend cover to the remaining principal categories of passengers not covered by compulsory third party insurance i.e. to front seat passengers on goods vehicles (from 31/12/1995); and to passengers carried on pillions or in side cars of motor cycles (from 31/12/1998).

Compulsory third party motor insurance will not extend to passengers carried on vehicles not generally designed or constructed to carry passengers (e.g. agricultural tractors/ trailers) or to passengers in the rear of goods vehicles.

The Regulations amend procedures for notification of cessation of compulsory motor insurance to the Minister for the Environment.

The Regulations incorporate technical amendments to facilitate insurance of motor vehicles by non-resident insurers authorised in other EC Member States, in accordance with the requirements of the EC Non-Life (Motor) Services Directive -- Council Directive 90/618/EEC of 8th November, 1990 (OJ No. 330/44 of 29/11/1990). Such non-resident insurers will be required to issue insurance certificates (and wind-screen discs) in the form required by Irish law.