Road Traffic Act 1961
Approved policy of insurance.
62.—(1) A policy of insurance shall be an approved policy of insurance for the purposes of this Act if, but only if, it complies with the following conditions:
(a) it is issued by a vehicle insurer to a person (in this Act referred to as the insured) named therein;
(b) the 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 F196[…] whether by way of damages or costs on account of injury to person or property caused by the negligent use, during the period (in this Act referred to as the period of cover) specified in that behalf in the policy, of a mechanically propelled vehicle to which the policy relates, by the insured or by any of such other persons (if any) as are mentioned or otherwise indicated in that behalf in the policy;
(c) the liability of the insurer under the policy is not subject to any condition, restriction, or limitation prescribed as not to be inserted in an approved policy of insurance; F196[…]
F197[(cc) The liability of the insurer extends, in addition to the negligent use of the F198[vehicle] in the State, to the negligent use of the vehicle in the designated territories according to the law relating to compulsory insurance against civil liability in respect of the use of mechanically propelled vehicles in force in those territories or to the extent required by this Part, whichever is the greater; ]
(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 F199[insured; and]
F198[(e) the liability of the insurer extends to any loss or injury suffered by the injured party, due to the negligent use of a vehicle, during a direct journey between two Member States, if there is no national insurers’ bureau responsible for the territory which is being crossed in accordance with the law relating to compulsory insurance against civil liability in respect of the use of vehicles in the territory.]
F201[(1A) For the purpose of this Part a policy of insurance issued in accordance with the laws on compulsory insurance in force in any of the designated territories, other than the State, in respect of a F198[vehicle] normally based in that territory is an approved policy of insurance. ]
(2) A policy of insurance which complies with the conditions specified in subsection (1) 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.
F202[(3) A policy of insurance shall not be prevented from being an approved policy of insurance merely by reason of the insurance being subject to a limitation or an exception referred to in subsection (2) of section 56 of this Act.]
F203[(4) In this section "national insurers’ bureau" means a professional organisation which is constituted in accordance with Recommendation No. 5 adopted on 25 January 1949 by the Road Transport Sub-committee of the Inland Transport Committee of the United Nations Economic Commission for Europe and which groups together insurance undertakings which, in a state, are authorised to conduct the business of motor vehicle insurance against civil liability. ]
Annotations
Amendments:
F196
Deleted (4.07.2008) by European Communities (Motor Insurance) Regulations 2008 (S.I. No. 248 of 2008), reg. 3(a)(i) and (ii).
F197
Substituted (4.07.2008) by European Communities (Motor Insurance) Regulations 2008 (S.I. No. 248 of 2008), reg. 3(a)(iii).
F198
Substituted (23.12.2023) by European Union (Motor Insurance) Regulations 2023 (S.I. No. 643 of 2023), reg. 3(4)(a)(i), (ii), (b), in effect as per reg. 1(2).
F199
Substituted (4.07.2008) by European Communities (Motor Insurance) Regulations 2008 (S.I .No. 248 of 2008), reg. 3(a)(iv).
F200
Inserted (4.07.2008) by European Communities (Motor Insurance) Regulations 2008 (S.I. No. 248 of 2008), reg. 3(a)(v).
F201
Substituted (4.07.2008) by European Communities (Motor Insurance) Regulations 2008 (S.I. No. 248 of 2008), reg. 3(b).
F202
Substituted (11.12.1987) by European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 1987 (S.I. No. 322 of 1987), reg. 5.
F203
Inserted (4.07.2008) by European Communities (Motor Insurance) Regulations 2008 (S.I. No. 248 of 2008), reg. 3(c).
Editorial Notes:
E664
Power pursuant to subs. (1)(c) and s. 5 exercised (31.12.1988) by Road Traffic (Compulsory Insurance) (Amendment) Regulations 1987 (S.I. No. 321 of 1987).
E665
Power pursuant to subs. (1)(c) and s. 5 exercised (23.11.1977) by Road Traffic (Compulsory Insurance) (Amendment) Regulations 1977 (S.I. No. 359 of 1977).
E666
Power pursuant to subs. (1)(c) and s. 5 exercised (18.03.1964) by Road Traffic (Compulsory Insurance) (Amendment) Regulations 1964 (S.I. No. 58 of 1964).
E667
Power pursuant to subs. (1)(c) and ss. 5, 63(1)(c), 65(1)(a), 66, 68(1), 75 and 79 exercised (1.05.1962) by Road Traffic (Compulsory Insurance) Regulations 1962 (S.I. No. 14 of 1962).
E668
Previous affecting provision: subs. (1)(e) inserted (4.07.2008) by European Communities (Motor Insurance) Regulations 2008 (S.I. No. 248 of 2008), reg. 3(a)(v); substituted (23.12.2023) as per F-note above.
E669
Previous affecting provision: subss. (1)(cc) substituted (31.12.1995) by European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 1992 (S.I. No. 347 of 1992), reg. 4(2). Subs. (1)(cc) substituted as per F-note above.
E670
Previous affecting provision: subss. (1)(cc), (1A) inserted (5.08.1975) by European Communities (Road Traffic) (Compulsory Insurance) Regulations 1975 (S.I. No. 178 of 1975), regs. 4 and 5. Subs. (1)(cc) substituted as per E-note above and subs. (1A) substituted as per F-note above.