Road Traffic Act 1961

Excepted persons.

65

65. (1) In this Part of this Act “ excepted persons” means the following persons:

F150 [ ( a )any person claiming in respect of injury to himself sustained while he was in or on a mechanically propelled vehicle (or a vehicle drawn thereby) to which the relevant document relates, other than a mechanically propelled vehicle, or a drawn vehicle, or vehicles forming a combination of vehicles, of a class specified for the purposes of this paragraph by regulations made by the Minister, provided that such regulations shall not extend compulsory insurance in respect of civil liability to passengers to

(i)any part of a mechanically propelled vehicle, other than a large public service vehicle, unless that part is designed and constructed with seating accommodation for passengers, or

(ii)a passenger seated in a caravan attached to a mechanically propelled vehicle while such a combination of vehicles is moving in a public place. ]

( b) any person claiming in respect of injury to person to another person where—

(i) in case the injury caused the other person’s death—the other person would, assuming that the injury had not caused his death, be an excepted person under paragraph ( a) of this subsection if he were himself claiming in respect of the injury, and

(ii) in any other case—the other person would be such an excepted person if he were so claiming,

( c) any person claiming in respect of injury to property sustained while the property was in or on a mechanically propelled vehicle F151 [ (or a vehicle drawn thereby) ] to which the relevant document relates,

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

( e) F152 [ ]

( f) F152 [ ]

( g) F152 [ ]

(2) In this section—

( a) relevant document” means the approved policy of insurance or the approved guarantee 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, the vehicle, and injury caused by being thrown out of or off the vehicle.

F153 [ ( c ) seating accommodation for a passenger means

(i) in the case of a vehicle other than a cycle, a fixed or folding seat permanently and securely installed in or on the vehicle, and

(ii) in the case of a cycle, a seat for one passenger behind the driver or a seat in a sidecar, in each case permanently and securely installed,

and seating accommodation for passengers shall be similarly construed. ]

Annotations

Amendments:

F150

Substituted (20.11.1992) by European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 1992 (S.I. No. 347 of 1992), reg. 7(1), commenced as per reg. 3(1).

F151

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

F152

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

F153

Inserted (20.11.1992) by European Communities (Road Traffic) (Compulsory Insurance) (Amendment) Regulations 1992 (S.I. No. 347 of 1992), reg. 7(2), commenced as per reg. 3(1).

Editorial Notes:

E628

Power pursuant to subs. (1)(a) and s. 5 exercised (19.11.1992, 20.11.1992 and other dates) by Road Traffic (Compulsory Insurance) (Amendment) Regulations 1992 (S.I. No. 346 of 1992).

E629

Classes of vehicles for the purposes of subs. (1)(a) specified (1.05.1962) by Road Traffic (Compulsory Insurance) Regulations 1962 (S.I. No. 14 of 1962), reg. 6.

E630

Power pursuant to subs. (1)(a) and ss. 5, 62(1)(c), 63(1)(c), 66, 68(1), 75 and 79 exercised (1.05.1962) by Road Traffic (Compulsory Insurance) Regulations 1962 (S.I. No. 14 of 1962).

E631

Previous affecting provision: subs. (1)(a) substituted (1.09.1968) by Road Traffic Act 1968 (25/1968), s. 6 and sch., S.I. No. 169 of 1968. Subs. (1)(a) substituted as per F-note above.