56.—(1) A person (in this subsection referred to as the user) shall not use in a public place a F172[vehicle] unless either a vehicle insurer, a vehicle guarantor or an exempted person would be liable for injury caused by the negligent use of the vehicle by him at that time or there is in force at that time either—

(a) an approved policy of insurance whereby the user or some other person who would be liable for injury caused by the negligent use of the vehicle at that time by the user, is insured against all sums without limit (save as is hereinafter otherwise provided) which the user or his personal representative or such other person or his personal representative shall become liable to pay to any person F173[…] by way of damages or costs on account of injury to person or property caused by the negligent use of the vehicle at that time by the user, or

(b) an approved guarantee whereby there is guaranteed the payment by the user, or some other person who would be liable for injury caused by the negligent use of the vehicle at that time by the user, of all sums without limit (save as is hereinafter otherwise provided) which the user or his personal representative or such other person or his personal representative shall become liable to pay to any person (exclusive of the excepted persons) by way of damages or costs on account of injury to person or property caused by the negligent use of the vehicle at that time by the user.

F174[(2) The insurance required by this section may be subject to the following limitation and the following exception or either of them—

F172[(a) it may, in so far as it relates to injury to property, be limited to the sum of €1,300,000 per claim, whatever the number of injured parties,]

(b) there may be excepted from the liability covered thereby any liability (in excess of the common law or the statutory liability applicable to the case) undertaken by the insured or the principal debtor by special contract.]

F176[(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 mechanically propelled 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 of the territory where the damages or costs may be incurred, or to the extent required by this Part of this Act, whichever is the greater.]

F177[(2B) An approved policy of insurance referred to in paragraph (a) of subsection (1) shall extend to any use of a vehicle that is consistent with the vehicle’s function as a means of transport at the time of the accident irrespective of the vehicle’s characteristics and irrespective of the terrain on which the motor vehicle is used and of whether it is stationary or in motion.]

(3) Where a person contravenes subsection (1) of this section, he and, if he is not the owner of the vehicle, such owner shall each be guilty of an offence and shall be liable on summary conviction to F178[a fine not exceeding €5,000] 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) Where, in a prosecution for an offence under this section, it is shown that, a demand having been made under section 69 of this Act,—

(a) the person on whom the demand was made refused or failed to produce a certificate of insurance, certificate of guarantee or certificate of exemption then and there, or

(b) such person, having duly produced such certificate consequent upon the demand, refused or failed to permit the member of the Garda Síochána to whom such certificate was produced to read and examine it,

it shall be presumed, until the contrary is shown by the defendant, that the vehicle was being used in contravention of this section.

(5) Where a person charged with an offence under this section is the owner of the vehicle, it shall be a good defence to the charge for the person to show that the vehicle was being used without his consent and either that he had taken all reasonable precautions to prevent its being used or that it was being used by his servant acting in contravention of his orders.

(6) Where a person charged with an offence under this section was the servant of the owner of the vehicle, it shall be a good defence to the charge for the person to show that he was using the vehicle in obedience to the express orders of the owner.

F179[(7) F180[…]

F181[(8) F172[In this Part a reference to the use of a vehicle in the territory in which the vehicle is normally based is a reference to—]

(a) the territory of the state of which the vehicle bears a registration plate, irrespective of whether the plate is permanent or temporary,

(b) in a case where no registration plate 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 plate or sign is issued, or

(c) in a case where a registration 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 resident.

F172[(9) In this Part—

"designated territories" means the territories of the Member States (other than the State) and Iceland, Norway and Switzerland;

"party injured" and "injured party" means any person entitled to compensation in respect of any loss or injury caused by vehicles;

"use of a vehicle" means any use of a vehicle that is consistent with the vehicle’s function as a means of transport at the time of the accident, irrespective of the vehicle’s characteristics and irrespective of the terrain on which the motor vehicle is used and of whether it is stationary or in motion;

"vehicle" means—

(a) any motor vehicle propelled exclusively by mechanical power on land but not running on rails with—

(i) a maximum design speed of more than 25 km/h, or

(ii) a maximum net weight of more than 25 kg and a maximum design speed of more than 14 km/h, or

(b) any trailer to be used with a vehicle referred to in paragraph (a), whether coupled or uncoupled,

but does not include a wheelchair vehicle exclusively intended for use by a person with a physical disability.]]]

F182[(10) F180[…]]