Commentary on provisions of Act
Section 1: Retained EU law relating to compulsory insurance for motor vehicles
- Section 1 inserts a new section 156A into the RTA entitled "Retained EU law relating to compulsory insurance".
- Subsection (1) makes provision to clarify how the compulsory insurance obligation in Article 3 of the 2009 Directive is to be read in case that Article were considered to be relevant to understanding the meaning of any provision in Part VI of the RTA. The effect of this provision is to make clear that the interpretation of the Article 3 insurance obligation as extending to private land and to vehicles not constructed for road use, in the light of the Vnuk judgment, is not applicable when interpreting the compulsory insurance requirements in the RTA. This is subject to subsection (2).
- Subsection (2) provides that subsection (1) does not apply in relation to any question as to the interpretation or effect of the law of an EU member state or Northern Ireland for the purposes of section 145(3) (aa) or (b) of the RTA. Those provisions require policies of insurance to include the cover required by the law applicable in the territory where the vehicle is used, or the law applicable where it is normally based, when that cover is higher.
- Subsection (3) concerns the removal of section 4 rights created by the Lewis case. The subsection achieves this by bringing to an end "relevant section 4 rights" (as defined in subsection (5)) to compensation from the MIB. Those rights are brought to an end in all cases apart from in connection with the use of motor vehicles on roads or other public places (as defined in the RTA).
- Subsection (4) provides that retained EU case law that is inconsistent with the position set out in subsections (1) or (3) ceases to have effect.
- Subsection (5) defines various expressions as used in the Section. It is self-explanatory.
- Subsection (6) further provides that the Section does not have retrospective effect, and so will not apply to the interpretation of Part VI of the RTA in relation to, or to section 4 rights in connection with, the use of a vehicle prior to the day on which it comes into force.
