Road Traffic Act 1961

F204[Insurance of certain vehicles entering the State.

69A

F205[69A.(1) In this section—

"authorised official" means an officer of the Revenue Commissioners or a member of the Garda Síochána;

"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.

(2) An authorised official may demand of a person having charge of a vehicle, being a vehicle, which is not normally—

(a) based in the State,

(b) based in any of the designated territories, or

(c) having entered the State from the territory of another Member State,

when entering the State with the vehicle or having so entered, to produce evidence that the use of the vehicle in the State and in the designated territory is covered by insurance in accordance with the requirements of the laws of the State and of the designated territories relating to compulsory insurance against civil liability in respect of the use of vehicles and if on such demand having been made such evidence is not produced the vehicle shall not be used in the State.]

(2) An authorised official may demand of a person having charge of a vehicle, being a vehicle which is not normally based in the State or in any of the designated territories, when entering the State with the vehicle or having so entered, to produce evidence that the use of the vehicle in the State and in the designated territories is covered by insurance in accordance with the requirements of the laws of the State and of the designated territories relating to compulsory insurance against civil liability in respect of the use of vehicles and if on such demand having been made such evidence is not produced the vehicle shall not be used in the State.

(3) Where the use of the vehicle in the State is prohibited under subsection (2) of this section an authorised official may remove and retain the vehicle or he may direct the driver to remove the vehicle to such place and subject to such conditions as may be specified in the direction, and, notwithstanding the provisions of subsection (2) of this section, it shall be lawful to move the vehicle to the extent necessary to comply with such direction.

(4) A vehicle which has been removed by or at the direction of an authorised official under subsection (3) of this section may be retained until evidence is produced that the use of the vehicle is covered by insurance in accordance with the provisions of subsection (2) of this section or until the vehicle is being removed from the State to a country which is not a designated territory.

(5) A person who uses a vehicle or causes or permits a vehicle to be used in contravention of subsection (2) of this section, or who refuses, neglects or otherwise fails to comply with a direction under subsection (3) of this section, shall be guilty of an offence and shall be liable on summary conviction to F206[a fine not exceeding 5,000].]

Annotations

Amendments:

F204

Inserted (5.08.1975) by European Communities (Road Traffic) (Compulsory Insurance) Regulations 1975 (S.I. No. 178 of 1975), reg. 6.

F205

Substituted (23.12.2023) by European Union (Motor Insurance) Regulations 2023 (S.I. No. 643 of 2023), reg. 3(7), in effect as per reg. 1(2).

F206

Substituted (5.03.2007) by Road Traffic Act 2006 (23/2006), s. 18(1)(a) and table part 1 ref. no. 19, S.I. No. 86 of 2007. A fine of €5,000 translates into a class A fine not exceeding €5,000 as provided (4.01.2011) by Fines Act 2010 (8/2010), ss. 3, 4(3) and table ref. no. 1, S.I. No. 662 of 2010.

Editorial Notes:

E666

Previous affecting provision: fine in subs. (5) increased (31.10.2002) by Road Traffic Act 2002 (12/2002), s. 23(1)(a) and table part 1 ref. no. 20, S.I. No. 491 of 2002; subsection amended as per F-note above.

E667

Previous affecting provision: fine in subs. (5) increased (18.07.1984) by Road Traffic (Amendment) Act 1984 (16/1984), s. 3(1) and table, ref. no. 15, commenced on enactment. Fine increased as per E-note above.