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

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

.

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

.

I/We............................................................ ...........................being

}

a vehicle insurer

a vehicle guarantor

an exempted person

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.

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

Number of

{

Policy

Guarantee ...................................................

FORM OF CERTIFICATE OF

{

INSURANCE

GUARANTEE

ROAD TRAFFIC ACT, 1961

.

Certificate of

{

Insurance

Guarantee

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

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

PARTICULARS

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 :—