Vehicles) (Amendment) Regulations, 2016

L.N. 12 of 2016

MOTOR VEHICLES INSURANCE

(THIRD PARTY RISKS) ORDINANCE

(CAP. 104)

Motor Vehicles Insurance (Third Party Risks) (Insurance Exempt

Vehicles) (Amendment) Regulations, 2016

IN exercise of the powers conferred by articles 3, 5 and 23 of

the Motor Vehicles Insurance (Third Party Risks) Ordinance, the

Minister for Transport and Infrastructure has made the following

regulations:-

The title of these rules is the Motor Vehicles Insurance Citation.

(Third Party Risks) (Insurance Exempt Vehicles) (Amendment)

Regulations, 2016, and these regulations shall be read and construed

as one with the Motor Vehicles Insurance (Third Party Risks) S.L.104.08

(Insurance Exempt Vehicles) Regulations, hereinafter referred to as

"the principal regulations".

Regulation 4 of the principal regulations shall be Substitutes

regulation 4 of

substituted by the following

the principal

regulations.

"4. (1)

Pursuant to the proviso of

article 3(4)(b) of the Ordinance, compensation

for injuries or damages sustained by the use of

vehicles mentioned in the Schedule shall be

awarded by the Protection and Compensation

Fund established by article 9C of the Ordinance.

(2) In the event that the Protection and

Compensation Fund effects payment for injuries

or damages sustained by the use of vehicles

referred to in article 3(4) of the Ordinance, the

Fund shall be subrogated in the rights of the

person receiving such payment, and, without

prejudice to the generality of this provision,

shall have a claim against the Guarantee Fund

provided for in Article 1(4) of Directive 84/5/

EEC in the designated State where the vehicle is

normally based.

B

(3) In the event that an injured party files

a claim directly to the Protection and

Compensation Fund in relation to injuries or

damages sustained by the use of vehicles

referred to in the Schedule, payment shall only

be effected by the Protection and Compensation

Fund if the requirements set out in regulation 25

of the Protection and Compensation Fund

Regulations are satisfied.

(4) The Fund shall only be liable to make

payments under this regulation up to such limits

of liability as are prescribed under article 4(1) of

the Ordinance.".

€0.18