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11 1933

ROAD TRAFFIC ACT, 1933

PART V.

Compulsory Insurance by Owners of Mechanically Propelled Vehicles.

Obligation to be insured or guaranteed.

56. —(1) It shall not be lawful for any person (hereinafter referred to as the said driver) at any time to drive in a public place a mechanically propelled vehicle unless either a vehicle insurer, a vehicle guarantor, or an exempted person would be legally liable for injury caused by the negligent driving of such vehicle at that time or there is in force at that time either—

(a) an approved policy of insurance whereby the said driver or some other person who would be legally liable for injury caused by the negligent driving of such vehicle at that time by the said driver is insured against all sums without limit (save as is hereinafter otherwise provided) which the said driver or his personal representative or such other person or his personal representative (as the case may be) shall become liable to pay to any person (other than the excepted persons as defined in this Part of this Act) by way of damages or costs on account of injury to person or property occasioned by the negligent driving of such vehicle at that time by the said driver, or

(b) an approved guarantee whereby there is guaranteed the payment by the said driver or by some other person who would be legally liable for injury caused by the negligent driving of such vehicle at that time by the said driver of all sums without limit (save as is hereinafter otherwise provided) which the said driver or his personal representative or such other person or his personal representative (as the case may be) shall become liable to pay to any person (other than the excepted persons as defined in this Part of this Act) by way of damages or costs on account of injury to person or property occasioned by the negligent driving of such vehicle at that time by the said driver, or

(c) an approved combined policy and guarantee whereby all sums without limit (save as is hereinafter otherwise provided) which the said driver or his personal representative or some other person legally liable for injury caused by the negligent driving of such vehicle at that time by the said driver or the personal representative of such person (as the case may be) shall become liable to pay to any person (other than the excepted persons as defined in this Part of this Act) by way of damages or costs on account of injury to person or property occasioned by the negligent driving of such vehicle at that time by the said driver are covered as to part thereof by such driver or such other person being insured against such part of such sums and as to the residue thereof by the payment of such residue of such sums by such driver or such other person being guaranteed.

(2) The insurance, guarantee, or combined insurance and guarantee (as the case may be) required by this section may be subject to the following limitation and the following exception or either of them, that is to say:—

(a) such insurance or guarantee or combined insurance and guarantee (as the case may be) may, in so far as it relates to injury to property, be limited to the sum of one thousand pounds in respect of injury occasioned by any one act of negligence or any one series of acts of negligence collectively constituting one event, and

(b) there may be excepted from the liability covered by such insurance or guarantee or combined insurance and guarantee (as the case may be) any liability (in excess of the common law or the statutory liability applicable to the case) undertaken by the insured or the principal debtor (as the case may be) by special contract.

(3) Whenever any person drives a mechanically propelled vehicle in a public place in contravention of this section such person and also (if such person is not the owner of such vehicle) such owner shall each be guilty severally of an offence under this section and shall be liable on summary conviction thereof, in the case of a first offence, to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment or, in the case of a second or any subsequent offence, to a fine not exceeding one hundred pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

(4) Proof that a person, when production of a certificate of insurance, a certificate of guarantee, or a certificate of exemption was lawfully demanded of him under this Part of this Act, refused or failed to produce any such certificate either on such demand or within such time thereafter as is allowed by this Part of this Act shall be prima facie evidence that the mechanically propelled vehicle which such person was driving at the time of such demand was at that time being driven by such person in contravention of this section.

(5) Where a person charged with an offence under this section is the owner of the mechanically propelled vehicle in respect of which such offence is alleged to have been committed, it shall be a good defence to such charge for such person to prove that on the occasion on which such offence is alleged to have been committed such vehicle was being driven without his consent and either that he had taken all reasonable precautions to prevent such vehicle being driven on such occasion or that the person driving such vehicle on such occasion was his servant and in so driving such vehicle was acting in contravention of his orders.

(6) Where a person charged with an offence under this section was, on the occasion on which such offence is alleged to have been committed, the servant of the owner of the mechanically propelled vehicle in respect of which such offence is alleged to have been committed, it shall be a good defence to such charge for such person to prove that he was driving such vehicle on such occasion in obedience to the express orders of such owner.

Fine in lieu of damages and imprisonment in addition to damages.

57. —(1) Where a person is convicted of an offence under the next preceding section of this Act and it is proved to the satisfaction of the Court by whom such person is so convicted that injury (other than an excluded injury as defined in this section) was caused to person or property by the negligent driving on the occasion on which such offence was committed of the vehicle in relation to which such offence was committed and such Court is of opinion that some person then present in or represented before such Court would be entitled to recover in a civil action against the person so convicted damages in respect of such injury, such Court may, if it thinks fit so to do and the person so present or represented so consents, inflict on the person so convicted, in addition to any other punishment authorised by the said next preceding section, a fine not exceeding the damages which in the opinion of such Court the person so present or represented would be entitled so to recover against the person so convicted.

(2) Where a fine is imposed under the foregoing sub-section of this section on a convicted person the following provisions shall have effect, that is to say:—

(a) the Court imposing such fine may sentence such convicted person to any term of imprisonment, not exceeding six months, in default of payment of such fine within such time not being less than one fortnight as such Court shall appoint;

(b) the amount of such fine shall be paid to the person on account of whose right to recover damages such fine was imposed and, if there is more than one such person, in such proportions as the Court shall direct;

(c) the payment of such fine by such convicted person shall be a good defence to any civil action brought by any person to whom such fine or any part thereof was so paid in respect of the injury on account of which such fine was so inflicted;

(d) without prejudice to any right of appeal by any other person, the person or any of the persons to whom such fine is made payable shall have a right of appeal (limited to one or more of the following matters, that is to say, the amount of such fine and the person to whom and the proportions in which it is payable) to the Judge of the Circuit Court within whose Circuit is situate the District or any part of the District of of the Justice by whom such fine was inflicted, and the decision of such Judge on such appeal shall be final.

(3) Where damages are recovered in a civil action against a person who was convicted of an offence under the next preceding section of this Act in respect of injury to person or property caused by the negligent driving on the occasion on which such offence was committed of the mechanically propelled vehicle in relation to which such offence was committed, the Court before whom such damages are so recovered may if the damages are not paid within fourteen days or such longer period as the Court may determine (unless the person by whom such damages were so recovered is one of the excluded persons as defined in this section) order that the person against whom such damages were so recovered be forthwith taken into custody and be imprisoned for whichever of the following periods shall be the shorter, that is to say, until the expiration of six months from such taking into custody or until such person pays the amount of such damages to the person by whom they were so recovered and lodges in Court by way of security for the payment of the costs recovered by such last-mentioned person in such action such sum (if any) as the Court shall fix.

(4) For the purposes of this section the following injuries shall be excluded injuries, that is to say:—

(a) any injury sustained on the occasion on which the relevant offence was committed by property which was on that occasion in or being put into or taken out of the vehicle in relation to which such offence was committed, and

(b) if the said vehicle was not a public service vehicle, any personal injury sustained on the said occasion by any person who was on that occasion in or entering or alighting from the said vehicle.

(5) In this section references to personal injury or injury to the person include injury causing death.

Vehicle insurer·

58. —In this Act the expression “vehicle insurer” means a person who is for the time being an assurance company within the meaning of the Assurance Companies Act, 1909, as adapted by or under the Adaptation of Enactments Act, 1922 (No. 2 of 1922), and amended by this Act and has complied with that Act as so adapted and amended.

Vehicle guarantor.

59. —In this Act the expression “vehicle guarantor” means a person who—

(a) is not a vehicle insurer, and

(b) carries on the business of issuing approved guarantees, and

(c) has made and maintains the deposit with the Accountant of the Courts of Justice authorised by this Part of this Act to be made by persons who intend to carry on the business of issuing approved guarantees.

Exempted person.

60. —In this Part of the Act the expression “exempted person” means a person who—

(a) is neither a vehicle insurer nor a vehicle guarantor, and

(b) has made and maintains the deposit with the Accountant of the Courts of Justice authorised by this Part of this Act to be made by persons who desire to become exempted persons.

Deposits by vehicle guarantors and exempted persons.

61. —(1) Any person (other than a vehicle insurer) who intends to carry on the business of issuing approved guarantees or who desires to become an exempted person may deposit and thereafter keep deposited with the Accountant of the Courts of Justice the sum of fifteen thousand pounds.

(2) The Accountant of the Courts of Justice shall invest every sum deposited with him under this section in such of the securities authorised by law for the investment of funds in the High Court as the person making or maintaining such deposit shall direct, and the income accruing on such securities shall be paid to the said person.

(3) The Accountant of the Courts of Justice shall not accept a deposit under this section save on a warrant of the Minister for Industry and Commerce.

(4) The Minister for Industry and Commerce may by order make rules with respect to applications for warrants for the purposes of this section, the payment of deposits and the investment thereof or dealing therewith, the deposit of stocks, shares, or other securities in lieu of money, the payment of the income from time to time accruing due on any securities in which deposits are for the time being invested, and the withdrawal and transfer of deposits.

Approved policy of insurance.

62. —(1) A policy of insurance shall be an approved policy of insurance within the meaning of this Act if, but only if, it complies with all the following conditions, that is to say:—

(a) it is issued by a vehicle insurer to a person (in this Act referred to as the insured) named therein; and

(b) the vehicle insurer by whom it is issued binds himself by it to insure the insured against all sums without limit which the insured or his personal representative shall become liable to pay to any person (other than the excepted persons as defined in this Act) whether by way of damages or costs on account of injury to person or property occasioned by the negligent driving during the period (in this Act referred to as the period of cover) specified in that behalf in such policy of a mechanically propelled vehicle to which such policy relates by the insured or by any of such other persons (if any) as are mentioned in that behalf in such policy; and

(c) the liability of the insurer under the policy is not subject to any condition, restriction, or limitation, which is prescribed as a condition, restriction, or limitation (as the case may be) which shall not be inserted in an approved policy of insurance; and

(d) the period of cover is not capable of being terminated before its expiration by effluxion of time by the insurer save either with the consent of the insured or after seven days' notice in writing to the insured.

(2) A policy of insurance which complies with all the conditions set forth in the foregoing sub-section of this section shall not be prevented from being an approved policy of insurance merely by reason of its containing provisions additional to and not inconsistent with the provisions required by those conditions.

(3) A policy of insurance shall not be prevented from being an approved policy of insurance merely by reason of the insurance thereby effected being subject to the following limitation and the following exception or either of them, that is to say:—

(a) the limitation of such insurance, in so far as it relates to injury to property, to the sum of one thousand pounds in respect of injury occasioned by any one act of negligence or any one series of acts of negligence collectively constituting one event, and

(b) the exception from such insurance of any liability (in excess of the common law or the statutory liability applicable to the case) undertaken by the insured by special contract.

Approved guarantee.

63. —(1) A guarantee shall be an approved guarantee within the meaning of this Act if, but only if, it complies with all the following conditions, that is to say:—

(a) it is issued by a vehicle insurer or a vehicle guarantor to a person (in this Act referred to as the principal debtor) named therein; and

(b) the vehicle insurer or vehicle guarantor by whom it is issued binds himself by it to guarantee the payment by the principal debtor or his personal representative of all sums without limit which the principal debtor or his personal representative shall become liable to pay to any person (other than the excepted persons as defined in this Act) whether by way of damages or costs on account of injury to person or property occasioned by the negligent driving during the period (in this Act referred to as the period of cover) specified in that behalf in such guarantee of a mechanically propelled vehicle to which such guarantee relates by the principal debtor or by any of such other persons (if any) as are mentioned in that behalf in such guarantee; and

(c) the liability under the guarantee of the insurer or guarantor by whom it is issued is not subject to any condition, restriction, or limitation, which is prescribed as a condition, restriction, or limitation (as the case may be) which shall not be inserted in an approved guarantee; and

(d) the period of cover is not capable of being terminated before its expiration by effluxion of time by the insurer or guarantor by whom it is issued save either with the consent of the principal debtor or after seven days' notice in writing to the principal debtor.

(2) A guarantee which complies with all the conditions set forth in the foregoing sub-section of this section shall not be prevented from being an approved guarantee merely by reason of its containing provisions additional to and not inconsistent with the provisions required by those conditions.

(3) A guarantee shall not be prevented from being an approved guarantee merely by reason of the guarantee thereby given being subject to the following limitation and the following exception or either of them, that is to say:—

(a) the limitation of such guarantee, in so far as it relates to injury to property, to the sum of one thousand pounds in respect of injury occasioned by any one act of negligence or any one series of acts of negligence collectively constituting one event, and

(b) the exception from such guarantee of any liability (in excess of the common law or the statutory liability applicable to the case) undertaken by the principal debtor by special contract.

Approved combined policy and guarantee.

64. —(1) A document shall be an approved combined policy and guarantee within the meaning of this Act if, but only if, it complies with all the following conditions, that is to say:—

(a) it is issued to a person (in this Act referred to as the insured) named therein; and

(b) it complies with all the conditions required by this Act to be complied with by an approved policy of insurance save that the insurance thereby effected does not extend to the whole of the sums required by such conditions to be covered by such insurance; and

(c) the payment by the insured of so much of the said sums as is not covered by such insurance is thereby guaranteed by the vehicle insurer by whom such document is issued; and

(d) such document in so far as it relates to such guarantee complies with all the conditions required by this Act to be complied with by an approved guarantee.

(2) A document which complies with all the conditions set forth in the foregoing sub-section of this section shall not be prevented from being an approved combined policy and guarantee merely by reason of its containing provisions additional to and not inconsistent with the provisions required by those conditions.

(3) A document shall not be prevented from being an approved combined policy and guarantee merely by reason of the insurance thereby effected and the guarantee thereby given being subject to the following limitation and the following exception or either of them, that is to say:—

(a) the limitation of such insurance and guarantee, in so far as they relate to injury to property, to the sum of one thousand pounds in respect of injury occasioned by any one act of negligence or any one series of acts of negligence collectively constituting one event, and

(b) the exception from such insurance and guarantee of any liability (in excess of the common law or the statutory liability applicable to the case) undertaken by the insured by special contract.

(4) Where a policy of insurance issued by a vehicle insurer and a guarantee issued by another vehicle insurer or by a vehicle guarantor would, if issued by the same person and read together as one document, be an approved combined policy and guarantee, such policy and guarantee shall be deemed, for the purposes of this Act, to constitute together one document and to be an approved combined policy and guarantee, and this Part of this Act shall apply thereto accordingly, subject to the modification that references to the person by whom such combined policy and guarantee was issued shall be construed as referring to the person by whom the relevant portion of such combined policy and guarantee was issued.

Punishment for fraud, etc., in obtaining policy or guarantee.

65. —(1) Every person who, for the purpose or in the course of obtaining the issue of an approved policy of insurance, an approved guarantee, or an approved combined policy and guarantee to himself or to another person, commits any fraud or makes any representation or statement (whether in writing or verbally or by conduct) which is to his knowledge false or misleading in any material respect shall be guilty of a misdemeanour and shall be liable on conviction thereof on indictment to imprisonment for any term not exceeding two years or, at the discretion of the Court, to a fine not exceeding one hundred pounds.

(2) Sub-section B of section 77 of the Courts of Justice Act, 1924 (No. 10 of 1924), shall be construed and have effect as if the misdemeanour mentioned in the foregoing sub-section of this section were included amongst the cases specifically mentioned in the said sub-section B.

The excepted persons.

66. —(1) In this Part of this Act the expression “excepted persons” means the following persons, that is to say:—

(a) any person claiming in respect of personal injury to himself sustained while he was in or on a mechanically propelled vehicle (other than a public service vehicle) to which the relevant document relates, and

(b) any person claiming in respect of personal injury (including personal injury causing death) to another person where such last-mentioned person would be an excepted person under the next preceding paragraph of this sub-section if he were claiming himself in respect of such personal injury and (where appropriate) such personal injury had not caused his death, and

(c) any person claiming in respect of injury to property sustained while such property was in or on a mechanically propelled vehicle to which the relevant document relates, and

(d) any person claiming in respect of injury to property sustained while such property was owned by or was in the possession, custody, or control of the insured or the principal debtor in the relevant document, and

(e) any persons claiming in respect of injury to any weigh-bridge or to any road or to anything in or below the surface of a road due to the weight of or vibration caused by a mechanically propelled vehicle to which the relevant document relates, and

(f) any person claiming in respect of injury to property due to an explosion of a boiler forming part of a mechanically propelled vehicle to which the relevant document relates or due to sparks or ashes proceeding from any such vehicle, and

(g) any person claiming in respect of an injury to himself or any other person in respect of which he would be entitled to claim against the insured or the principal debtor in the relevant document and be awarded compensation or other relief under the Workmen's Compensation Act, 1906, or any Act (whether passed before or after this Act) extending or amending that Act.

(2) In this section—

(a) the expression “relevant document” means the approved policy of insurance, approved guarantee, or approved combined policy and guarantee (as the case may be) in relation to which the expression “excepted persons” is used, and

(b) references to injury sustained while in or on a vehicle include injury sustained while entering, getting on to, being put into or on, alighting from, or being taken out of or off such vehicle and injury caused by being thrown out of or off such vehicle.

Extended power of making regulations in relation to application for licence under Finance Act, 1920.

67. —The power of making regulations conferred by section 12 of the Roads Act, 1920 shall extend and is hereby extended to include the making of regulations requiring a person applying for a licence under section 13 of the Finance Act, 1920 (as amended by subsequent enactments) in respect of a mechanically propelled vehicle to produce evidence or specified evidence showing either that such person is an exempted person or that when the licence so applied for comes into operation there will be in force an approved policy of insurance or an approved guarantee or an approved combined policy and guarantee covering the driving of such vehicle by such person or by other persons on his order or with his consent.

Certificate of insurance and certificate of guarantee.

68. —(1) Whenever a vehicle insurer issues to any person an approved policy of insurance or an approved combined policy and guarantee such vehicle insurer shall give to such person the prescribed number of certificates (each of which is referred to in this Act as a certificate of insurance) in the prescribed form certifying that such approved policy of insurance or approved combined policy and guarantee has been so issued and stating the prescribed particulars of such policy or policy and guarantee.

(2) Whenever a vehicle insurer or a vehicle guarantor issues to any person an approved guarantee such vehicle insurer or vehicle guarantor shall give to such person the prescribed number of certificates (each of which is referred to in this Act as a certificate of guarantee) in the prescribed form certifying that such approved guarantee has been issued and stating the prescribed particulars of such guarantee.

(3) For the purposes of this section, every renewal of an approved policy of insurance, an approved combined policy and guarantee, or an approved guarantee shall be deemed to be an issue of an approved policy of insurance, an approved combined policy and guarantee, or an approved guarantee, as the case may be.

Effect of certificate of insurance or of guarantee.

69. —(1) Whenever a vehicle insurer has issued a certificate of insurance certifying that an approved policy of insurance has been issued by such vehicle insurer to a specified person (in this sub-section referred to as the insured), then—

(a) if and so long as no such policy as described in such certificate has been issued by such vehicle insurer to the insured, such vehicle insurer shall, as between himself and any other person except the insured, be deemed to have issued to the insured an approved policy of insurance conforming in all respects with the description and particulars stated in such certificate, and

(b) if such vehicle insurer has issued to the insured such policy as is described in such certificate but the actual terms of such policy are less favourable to persons claiming under or by virtue of such policy against such vehicle insurer, either directly or through the insured, than the particulars of such policy as stated in such certificate, such policy shall, as between such vehicle insurer and any other person except the insured, be deemed to be in terms conforming in all respects with the said particulars stated in the said certificate.

(2) Whenever a vehicle insurer has issued a certificate of insurance certifying that an approved combined policy and guarantee has been issued by such vehicle insurer to a specified person (in this sub-section referred to as the insured), then—

(a) if and so long as no such combined policy and guarantee as is described in such certificate has been issued by such vehicle insurer to the insured, such vehicle insurer shall, as between himself and any other person except the insured, be deemed to have issued to the insured an approved combined policy and guarantee conforming in all respects with the description and particulars stated in such certificate, and

(b) if such vehicle insurer has issued to the insured such combined policy and guarantee as is described in such certificate but the actual terms of such combined policy and guarantee are less favourable to persons claiming under or by virtue of such combined policy and guarantee against such vehicle insurer, either directly or through the insured, than the particulars of such combined policy and guarantee as stated in such certificate, such combined policy and guarantee shall, as between such vehicle insurer and any other person except the insured, be deemed to be in terms conforming in all respects with the said particulars stated in the said certificate.

(3) Whenever a vehicle guarantor has issued a certificate of guarantee certifying that an approved guarantee has been issued by such vehicle guarantor to a specified person (in this sub-section referred to as the principal debtor), then—

(a) if and so long as no such guarantee as is described in such certificate has been issued by such vehicle guarantor to the principal debtor, such vehicle guarantor shall, as between himself and any other person except the principal debtor, be deemed to have issued to the principal debtor an approved guarantee conforming in all respects with the description and particulars stated in such certificate, and

(b) if such vehicle guarantor has issued to the principal debtor such guarantee as is described in such certificate but the actual terms of such guarantee are less favourable to persons claiming under or by virtue of such guarantee against such vehicle guarantor, either directly or through the principal debtor, than the particulars of such guarantee as stated in such certificate such guarantee shall, as between such vehicle guarantor and any other person except the principal debtor, be deemed to be in terms conforming in all respects with the said particulars stated in the said certificate.

(4) Nothing in this section shall render a certificate of insurance or a certificate of guarantee liable to any stamp duty to which such certificate would not have been liable if this section had not been enacted.

Certificate of exemption.

70. —A vehicle insurer, vehicle guarantor, or exempted person may at any time issue one or more certificates (each of which is in this Act referred to as a certificate of exemption) in the prescribed form in respect of any mechanically propelled vehicle owned by him certifying that such vehicle is owned by him and stating the prescribed particulars in respect of his liability for injury occasioned by the negligent driving of such vehicle.

Production of certificate on demand.

71. —(1) Any member of the Gárda Síochána may demand of any person driving a mechanically propelled vehicle the production of either a certificate of insurance or a certificate of guarantee or a certificate of exemption in respect of the driving of that vehicle by that person on that occasion and if such person refuses or fails to produce any such certificate then and there he shall, unless within five days after the date on which such production was demanded he produces such certificate in person to a member of the Gárda Síochána at a Gárda Síochána station named by such person at the time at which such production was so demanded, be guilty of an offence under this section.

(2) Whenever any person of whom the production of a certificate of insurance or a certificate of guarantee or a certificate of exemption is lawfully demanded under this section produces such certificate but refuses or fails to permit the member of the Gárda Síochána making such demand to read and examine the certificate so produced he shall be guilty of an offence under this section.

(3) Whenever any person of whom the production of a certificate of insurance or a certificate of guarantee or a certificate of exemption is lawfully demanded under this section refuses or fails to produce any such certificate or produces such a certificate but fails or refuses to permit the member of the Gárda Síochána making the demand to read and examine the certificate so produced or whenever any person produces such certificate at a Gárda Síochána station in accordance with the provisions of sub-section (1) of this section but fails or refuses to permit the member of the Gárda Síochána to whom such certificate is so produced to read and examine it, such member may demand of such person his name and address and if such person refuses or fails to give his name and address or gives a name or address which is false or misleading he shall be guilty of an offence under this section.

(4) Any member of the Gárda Síochána may arrest without warrant—

(a) any person who in pursuance of this section produces a certificate of insurance, certificate of guarantee, or certificate of exemption but refuses or fails to permit such member to read such certificate, or

(b) any person who, when his name and address is lawfully demanded of him by such member under this section, refuses or fails to give his name and address or gives a name or an address which is known to such member to be false or misleading.

(5) Every person who is guilty of an offence under this section shall be liable on summary conviction thereof to a fine not exceeding five pounds.

Obligation to deliver up certificate.

72. —(1) Whenever the period of cover under an approved policy of insurance or an approved combined policy and guarantee is terminated or suspended by any means before its expiration by effluxion of time, the insured shall, within seven days after such termination or suspension deliver to the vehicle insurer by whom such policy or policy and guarantee was issued the latest certificate of insurance given by such vehicle insurer in respect of such policy or policy and guarantee.

(2) Whenever the period of cover under an approved guarantee is terminated or suspended by any means before its expiration by effluxion of time, the principal debtor shall, within seven days after such termination or suspension, deliver to the vehicle insurer or vehicle guarantor by whom such approved guarantee was issued the latest certificate of guarantee given by such vehicle insurer or vehicle guarantor in respect of such approved guarantee.

(3) Every person who is required by this section to deliver a certificate of insurance or a certificate of guarantee and fails to deliver such certificate in accordance with this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding one pound for every day during which such offence continues.

Regulations in relation to certificates of insurance, etc.

73. —The Minister may by order make regulations in relation to all or any of the following matters, that is to say:—

(a) applications for and the issue of certificates of insurance and certificates of guarantee, and the making and issue of certificates of exemption;

(b) the issue of copies of or new certificates in lieu of any such certificates which are lost or destroyed;

(c) the custody, production, cancellation, and surrender of such certificates.

Obligation to give to insurer or guarantor notice of accident.

74. —(1) Whenever an event occurs in relation to a mechanically propelled vehicle in consequence of which the vehicle insurer who issued an approved policy of insurance or an approved combined policy and guarantee or the principal debtor under an approved guarantee then in force in respect of such vehicle may become liable to pay money to any person the owner of such vehicle shall, as soon as practicable after the occurrence of such event or where such event did not occur in his presence within forty-eight hours after the occurrence of such event first came to his knowledge, give to the vehicle insurer by whom such policy or policy and guarantee was issued or to the vehicle insurer or vehicle guarantor by whom such guarantee was issued (as the case may require) notice in writing of the occurrence of such event together with such particulars of such event as are in his knowledge or procurement and are reasonably required by such insurer or guarantor.

(2) An approved policy of insurance, an approved combined policy and guarantee, or an approved guarantee may contain a provision relieving the insured or the principal debtor (as the case may be) thereunder from the obligation imposed by this section of giving the notice mentioned in the first sub-section of this section, and where such provision is contained in an approved policy of insurance, an approved combined policy and guarantee, or an approved guarantee, the failure by the insured or the principal debtor (as the case may be) thereunder to give such notice shall not be a contravention of this section.

(3) Any person who in contravention of this section fails to give to a vehicle insurer or a vehicle guarantor (as the case may require) within the time specified by this section any notice or any particulars which he is required by this section to give such insurer or guarantor shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(4) Any notice or any particulars which the owner of a vehicle is required by this section to give to any vehicle insurer or vehicle guarantor may be given by such owner posting such notice or particulars in a properly closed and prepaid envelope addressed to such vehicle insurer or vehicle guarantor (as the case may require) and such notice or particulars shall be deemed to be given in the time specified in this section for the giving of such notice or particulars if so posted within such time.

Obligation of driver to give owner notice of accident.

75. —(1) Whenever an event occurs in relation to a mechanically propelled vehicle in consequence of which the vehicle insurer who issued an approved combined policy and guarantee or the principal debtor under an approved guarantee then in force in respect of such vehicle may become liable to pay money to any person, the person who is the driver of such vehicle when such event happens shall (unless he is himself the owner of such vehicle or the insured under such policy or combined policy and guarantee or the principal debtor under such guarantee or such event occurs in the presence of the owner of such vehicle) give to the owner of such vehicle, as soon as practicable after the happening of such event, notice of the happening of such event together with full particulars thereof.

(2) Any person who, in contravention of this section, fails to give to the owner of a mechanically propelled vehicle within the time specified in this section any notice or any particulars which he is required by this section to give to such owner shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds.

(3) Any notice or particulars which any person is required by this section to give to the owner of a mechanically propelled vehicle may be given by posting such notice or particulars in a properly closed and prepaid envelope addressed to such owner.

Amendment of the Assurance Companies Act, 1909.

76. —(1) Section 1 of the Assurance Companies Act, 1909, as adapted by or under the Adaptation of Enactments Act, 1922 (No. 2 of 1922), shall have effect as if after paragraph (e) thereof the following paragraph were added:—

“(f) mechanically propelled vehicle insurance business, that is to say, the business of effecting contracts of insurance against loss of or damage to or arising out of or in connection with the use of mechanically propelled vehicles, including third party risks.”

(2) Where an assurance company within the meaning of the Assurance Companies Act, 1909, as so adapted carries on mechanically propelled vehicle insurance business, that Act shall apply with respect to that business, subject to the following modifications, that is to say:—

(a) the sum to be deposited and kept deposited by the company under section 2 of the said Act in respect of the said business shall be the sum of fifteen thousand pounds only;

(b) the making or having made any other deposit under the said section 2 shall not relieve the company from so depositing and keeping deposited the said sum of fifteen thousand pounds nor shall the depositing such sum of fifteen thousand pounds relieve the company either wholly or partially against the making of any other deposit under the said Act;

(c) sections 5 and 6 of the said Act shall not apply to the company;

(d) the company shall annually prepare a statement of its mechanically propelled vehicle insurance business in such form as shall from time to time be directed by the Minister for Industry and Commerce and such statement shall be printed, signed, and deposited with the said Minister in accordance with section 7 of the said Act and that section shall apply accordingly;

(e) paragraphs (d), (e), (f), and (g) of section 32 of the said Act shall apply to the company as if those paragraphs were here set out with the substitution of the expression “mechanically propelled vehicle insurance business” for the expression “accident insurance business” wherever that expression occurs in those paragraphs.

Keeping of records and giving of information by vehicle insurers, vehicle guarantors and exempted persons.

77. —(1) The Minister may by order make regulations for all or any of the following purposes, that is to say:—

(a) requiring vehicle insurers to keep records of all approved policies of insurance, approved combined policies and guarantees, and approved guarantees issued by them;

(b) requiring vehicle guarantors to keep records of all approved guarantees issued by them;

(c) requiring exempted persons to keep records of all certificates of exemption issued by them;

(d) prescribing the matters to be recorded in such records;

(e) enabling such records to be inspected by members of the Gárda Síochána and officers of the Minister;

(f) requiring vehicle insurers to furnish to members of the Gárda Síochána and officers of the Minister information in relation to approved policies of insurance, approved combined policies and guarantees, and approved guarantees issued by such vehicle insurers;

(g) requiring vehicle guarantors to furnish to members of the Gárda Síochána and officers of the Minister information in relation to approved guarantees issued by such vehicle guarantors.

(2) Every person who does any act (whether of commission or omission) which is a contravention of a regulation made under this section shall be guilty of an offence under this section and shall be liable on summary conviction thereof to a fine not exceeding five pounds and, in the case of a continuing offence, to a further fine not exceeding one pound for every day during which such offence continues.

Miscellaneous provisions in relation to insured or guaranteed moneys.

78. —(1) Where a person (in this section referred to as the claimant) claims to be entitled to recover from the owner or the driver of a mechanically propelled vehicle or has in any court of justice (in proceedings of which the vehicle insurer or vehicle guarantor hereinafter mentioned had notice) recovered judgment against such owner or driver for a sum (whether liquidated or unliquidated) against the liability for which such owner or driver is insured by an approved policy of insurance or the payment of which by such owner or driver is guaranteed by an approved guarantee or in respect of which such owner or driver is covered by an approved combined policy and guarantee the claimant may serve on (as the case may be) the vehicle insurer by whom such policy or policy and guarantee was issued or the vehicle insurer or the vehicle guarantor by whom such guarantee was issued a notice in writing of the claim or judgment for such sum and upon the service of such notice such of the following provisions as are applicable shall have effect, that is to say:—

(a) such vehicle insurer shall not after service of such notice pay to such owner or driver in respect of the sum so claimed or recovered by the claimant any greater amount than the amount (if any) which such owner or driver shall have actually paid to the claimant in respect of such sum;

(b) where the claimant has so recovered judgment for such sum or after service of such notice so recovers judgment for such sum or any part thereof, such vehicle insurer or vehicle guarantor shall pay to the claimant so much of the moneys (whether damages, or costs) for which judgment was or is so recovered as such vehicle insurer or vehicle guarantor has insured or guaranteed and is not otherwise paid to such claimant and such payment shall as against the insurer or principal debtor be a valid payment under such approved policy of insurance or approved combined policy and guarantee or approved guarantee;

(c) where the claimant has so recovered judgment for such sum or after service of such notice so recovers judgment for such sum or any part thereof and has not recovered from such owner or driver or such vehicle insurer or vehicle guarantor the whole amount of such judgment, the claimant may apply to the Court in which he recovered such judgment for leave to execute such judgment against such vehicle insurer or vehicle guarantor and thereupon such Court may, if it thinks proper, grant such application either in respect of the whole amount of such judgment or in respect of any specified part of such amount;

(d) where the claimant has not so recovered judgment for such sum, the claimant may apply to any court of competent jurisdiction in Saorstát Eireann in which he desires to institute proceedings for the recovery of such sum from such owner or driver for leave to institute and prosecute such proceedings against such vehicle insurer or vehicle guarantor (as the case may be) in lieu of such owner or driver, and such court, if satisfied that such owner or driver is not in Saorstát Eireann or cannot be found or cannot be served with the process of such court or that it is for any other reason just and equitable that such application should be granted, may grant such application, and thereupon the claimant shall be entitled to institute and prosecute such proceedings against such vehicle insurer or vehicle guarantor and to recover therein from such vehicle insurer or vehicle guarantor any sum which he would be entitled to recover from such owner or driver and the payment of which such vehicle insurer or vehicle guarantor has insured or guaranteed;

(e) such vehicle insurer or vehicle guarantor shall not, as a ground for refusing payment of moneys to the claimant or as a defence to proceedings by the claimant, rely on or plead any invalidity of such policy of insurance, guarantee, or combined policy and guarantee (as the case may be) arising from any fraud or any misrepresentation or false statement (whether fraudulent or innocent) to which the claimant was not a party or privy and which, if constituting a misdemeanour under this Part of this Act, was not the subject of a prosecution and conviction under the relevant section of this Part of this Act.

(2) Where a person (hereinafter referred to as the insured) who has effected an approved policy of insurance, or approved combined policy and guarantee, if an individual, becomes bankrupt or insolvent or dies or, if a corporate body is wound up or, if a partnership or other unincorporated association, is dissolved, moneys payable to the insured under such policy or policy and guarantee shall be applicable only to discharging in full all valid claims by third parties against the insured in respect of which such moneys are payable and no part of such moneys shall be assets of the insured or applicable to the payment of the debts (other than such claims) of the insured in such bankruptcy or insolvency or in the administration of the estate of such insured or in such winding-up or dissolution, and no such claim shall be provable in such bankruptcy, insolvency, administration, winding-up, or dissolution.

(3) This section only applies to claims against the liability for which an insurance or a guarantee or a combined insurance and guarantee is required by this Part of this Act to be effected and does not extend or apply to claims (whether in fact covered or not covered by an approved policy of insurance or an approved guarantee) in respect of which no such insurance or guarantee is so required.

(4) References in this section to the owner or to the driver of a mechanically propelled vehicle shall, where the context so admits, be construed as including the personal representative of such owner or such driver, as the case may be.

Application and repayment of deposit.

79. —(1) In this section—

the word “deposit” means a deposit of money with the Accountant of the Courts of Justice made either under the Assurance Companies Act, 1909, as extended by this Part of this Act by way of qualification for carrying on the business of vehicle insurer or under this Part of this Act by way of qualification for carrying on the business of vehicle guarantor or of being exempted from this Part of this Act;

the word “depositor” means a person who has made a deposit;

the expression “approved document” means a document which is either an approved policy of insurance, an approved guarantee, or an approved combined policy and guarantee.

(2) Whenever a person (in this section referred to as a judgment creditor) has recovered judgment in any court against a depositor for a sum to which this section applies the High Court may, on the application of the judgment creditor and if satisfied that the depositor has no goods which can be taken in execution to satisfy such judgment, order the amount of such judgment together with the costs of such order, the application therefor, and the proceedings thereunder to be paid by the Accountant of the Courts of Justice out of the deposit made by the depositor.

(3) Whenever the amount of a judgment is paid under this section out of a deposit, the depositor by whom such deposit was made may deposit with the Accountant of the Courts of Justice by way of addition to and recoupment of such deposit a sum equal to the sum so paid out of such deposit, and until such depositor so deposits such sum he shall be deemed not to comply with the provisions of this Part of this Act or the Assurance Companies Act, 1909, as extended by this Part of this Act relating to the making of deposits.

(4) Whenever a depositor, if an individual, becomes bankrupt or insolvent or dies or, if a corporate body, is wound up or, if a partnership or other unincorporated association, is dissolved, the deposit made by such depositor shall be applicable in the first instance to payment only of the liabilities of the depositor for sums to which this section applies and when all such liabilities of such depositor have been discharged in full shall be applicable as general assets of the depositor.

(5) Whenever the High Court is satisfied, on the application of a depositor or a person claiming through or under a depositor and after notice to the Minister for Industry and Commerce and after such publication of advertisements as the High Court shall direct, that it is just and equitable that the deposit made by such depositor should be paid out to the person making such application, the High Court may order such deposit to be paid out to such person either unconditionally or subject to such conditions as the High Court shall think proper to specify in such order.

(6) This section applies only to—

(a) sums against the liability for which an insurance or a guarantee or a combined insurance and guarantee is required by this Part of this Act to be effected and for which the depositor is liable as the insurer or guarantor thereof, and

(b) sums against the liability for which the depositor, if he were not a depositor, would have been required by this Part of this Act to have effected an insurance or a guarantee or a combined insurance and guarantee.

Special provisions for non-residents.

80. —The Minister may make provision for facilitating compliance with this Part of this Act by persons who ordinarily reside outside Saorsát Eireann, and for that purpose may by order make regulations modifying in respect of such persons all or any of the provisions of this Part of this Act but not so as substantially to exempt any person from the obligations imposed by this Part of this Act.