Road Traffic Act 1961

Fraud in obtaining policy or guarantee.

64

64. (1) A person shall not, for the purpose or in the course of obtaining the issue of an approved policy of insurance or an approved guarantee to himself or to another person, or for the purpose of securing his or another person’s participation in the cover afforded by an approved policy of insurance or an approved guarantee, commit any fraud or make any representation or statement (whether in writing or verbally or by conduct) which is to his knowledge false or misleading in any material respect.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to F147 [ 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.

(3) In a prosecution for an offence under F148 [ ] this section, a document—

( a) which purports to be—

(i) a proposal forming the basis of the relevant contract of insurance or guarantee,

(ii) a document (other than a proposal) forming that basis, or

(iii) an application for participation in the cover afforded by the relevant contract of insurance or guarantee, and

( b) which purports to be signed by the defendant,

may be tendered in evidence without proof and shall be presumed, until the contrary is shown by the defendant, to be such proposal or document as aforesaid and to have been signed by the defendant.

F149 [ (4) ( a ) For the purposes of a prosecution for an offence under this section, a member of the Garda S í och á na may, by a notice in writing served by post on a vehicle insurer, require the person within 10 days of the date of service of the notice to furnish to the member any document referred to in subsection (3) of this section which is in that person s possession or within his procurement and is specified in the notice.

( b ) A person who refuses or fails to comply with a requirement of a member of the Garda S í och á na under paragraph (a) of this subsection shall be guilty of an offence. ]

Annotations

Amendments:

F147

Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table, pt. 1, ref. no. 18, S.I. No. 86 of 2007.

F148

Deleted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968.

F149

Substituted (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 49(1)(g), S.I. No. 222 of 1994.

Editorial Notes:

E624

Summary proceedings for an offence under section provided (22.07.1994) by Road Traffic Act 1994 (7/1994), s. 48, S.I. No. 222 of 1994.

E625

Previous affecting provision: fine in subs. (2) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(a) and table, ref. no. 19, S.I. No. 491 of 2002. Fine increased as per F-note above.

E626

Previous affecting provision: fine in subs. (2) increased (18.07.1984) by Road Traffic (Amendment) Act 1978 (16/1984), s. 3(1) and table, ref. no. 6, commenced on enactment. Fine increased as per E-note above.

E627

Previous affecting provision: subs. (4) inserted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968; substituted as per F-note above.