Road Traffic Act 1961

F172[Obligation to supply vehicle insurer or certain intermediaries with certain information

56A.(1) For the purpose or in the course of obtaining the issue of an approved policy of insurance and to assist a vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf to comply with its obligations under section 78A, a person, other than a fleet owner or motor trader, shall supply to the insurer or intermediary the following information:

(a) his or her name and address and the name of any other person who is to be named in particular 6 of the certificate of insurance;

(b) the date of birth of each person to whom paragraph (a) applies;

(c) the registration number or, in the event that the registration number is not available, the vehicle identification number (VIN) or any other unique identifying number given by the manufacturer, if available;

(d) ...

(2) Any change or error in respect of the information which has been provided pursuant to subsection (1) shall be notified by the person to whom the approved policy of insurance is issued or to be issued to the vehicle insurer or intermediary referred to in that subsection as soon as is practicable.

(3) A person who contravenes subsection (2) commits an offence and is liable on summary conviction to a class E fine.

(4) For the purpose of or in the course of obtaining an approved policy of insurance and to assist a vehicle insurer or intermediary with specific sanction from a vehicle insurer to conclude insurance contracts on its behalf to comply with its obligations under section 78A, a fleet owner or motor trader shall supply to the vehicle insurer or intermediary, as the case may be—

(a) his or her name and address and the names of any other person to be named in particular 6 of the certificate of insurance, and

(b) where applicable, the class or classes of driver whose liability is proposed to be covered by the policy.

(5) Any change or error in respect of the information which has been provided pursuant to subsection (4) shall be notified by the fleet owner or motor trader, as the case may be, to the vehicle insurer or intermediary referred to in that subsection as soon as is practicable.

(6) A person who contravenes subsection (5) commits an offence and is liable on summary conviction to a class E fine.

(7) ...

F173[ (c) of a vehicle being in the possession of the fleet owner or motor trader, as the case may be, the registration number or, in the event that the registration number is not available, the Vehicle Identification Number (VIN) or any other unique identifying number given by the manufacturer, if available. ]

F173[(8) Where a vehicle is in the possession of a fleet owner or motor trader for 14 days or less, the requirement under subsection (7)(c) does not apply.

(9) Any change or error in respect of the information provided pursuant to subsection (7)(a), (b) or (c) shall be notified by the fleet owner or motor trader to MIBI within 5 days of the change occurring or the error coming to the attention of the owner or trader, as the case may be.

(10) A person who contravenes subsection (7) or (9) commits an offence and is liable on summary conviction to a class E fine.]

(11) A vehicle insurer shall not issue a policy of insurance to a person who fails to supply the information required under subsection (1) or (4).

(12) A person who contravenes subsection (11) commits an offence and shall be liable on summary conviction to a class E fine.

(13) Where an offence under this section is committed by a body corporate and it is proved that the offence was committed with the consent or the connivance, or was attributable to any wilful neglect, of a person who, when the offence was committed, was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person, as well as the body corporate, is guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(14) In proceedings for an offence under this section or section 78A it shall be a defence for a body corporate against which such proceedings are brought to prove that it took all reasonable steps and exercised all due diligence to avoid the commission of the offence.

(15) For the purposes of this section and section 78A—

(a) a renewal of an approved policy of insurance shall be deemed to be an issue thereof,

(b) "certificate of insurance" means the certificate the form of which is in the Second Schedule to the Road Traffic (Compulsory Insurance) Regulations 1962 ( S.I. No. 14 of 1962 ),

(c) "fleet owner" has the same meaning as it has in the Road Traffic (Insurance Disc) Regulations 1984 (S.I. No. 355 of 1984),

(d) "MIBI" means the Motor Insurers’ Bureau of Ireland, and

(e) "motor trader" means a person carrying on the business of manufacturing, dealing in, distributing or repairing vehicles (but excluding a person carrying on the business of manufacturing, dealing in or distributing components or parts for vehicles or of the carriage of vehicles).]

Annotations

Amendments:

F172

Inserted (31.07.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 5(l), S.I. No. 392 of 2023, other than in relation to subss. (1)(d), (7)-(10). A class E fine means a fine not greater than €500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8(1), S.I. No. 662 of 2010.

F173

Inserted (30.11.2023) by Road Traffic and Roads Act 2023 (16/2023), s. 5(l), S.I. No. 585 of 2023. A class E fine means a fine not greater than €500 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 8(1), S.I. No. 662 of 2010.

Modifications (not altering text):

C68

Prospective affecting provision: subs. (1)(d), (7)(a), (b) inserted by Road Traffic and Roads Act 2023 (16/2023), s. 5(l), not commenced as of date of revision.

(d) in respect of each person who is to be named in particular 6 of the certificate of insurance—

(i) the country of issue of the licence or permit, and

(ii) in the case the person concerned holds—

(I) an Irish driving licence, the number given at item 4d and described as "Uimhir tiomána" or "Driver number" on the licence,

(II) a learner permit, the number given at item 4d and described as ‘Uimhir tiomána’ or ‘Driver number’ on the permit, or

(III) a foreign driving licence, the driver number, licence number or unique identifier of any person to whom the licence is issued.

...

(7) A fleet owner or motor trader, as the case may be, shall, in respect of an approved policy of insurance to which subsection (4) refers, supply to MIBI within 14 days—

(a) of the issuing of an approved policy of insurance, in respect of a person named in particular 6 of the certificate of insurance—

(i) his or her date of birth, and

(ii) the information specified in paragraph (d)(i), (ii) or (iii), as the case may be, of subsection (1),

(b) of a person’s name being added to particular 6 of the certificate of insurance, his or her name and date of birth and such of the information specified in paragraph (d)(i), (ii) or (iii), as is relevant to him or her, and

...