2002 No. 3061
The European Communities (Rights against Insurers) Regulations 2002
Made
Laid before Parliament
Coming into force
The Lord Chancellor, being a Minister designated1 for the purpose of section 2(2) of the European Communities Act 19722 in relation to a direct right of action against the insurer of the person responsible by any person claiming compensation in respect of loss or injury caused by a motor vehicle or trailer, in exercise of the powers conferred by that section, makes the following Regulations:
Citation and commencementI11
These Regulations may be cited as the European Communities (Rights against Insurers) Regulations 2002 and shall come into force on 19th January 2003.
InterpretationI22
1
In these Regulations—
“the 1981 Order” means the Road Traffic (Northern Ireland) Order 19813;
“the 1988 Act” means the Road Traffic Act 19884;
“accident” means an accident on a road or other public place in the United Kingdom caused by, or arising out of, the use of any insured vehicle;
“entitled party” means any person who is—
- a
a resident of a Member State; or
- b
a resident of any other State which is a Contracting Party to the Agreement on the European Economic Area signed at Oporto on 2nd May 19925 and the Protocol adjusting the Agreement signed at Brussels on 17th March 1993;
- a
“insured person” means a person insured under a policy of insurance satisfying the conditions set out in paragraph (3) of this regulation;
“vehicle” means any motor vehicle intended for travel on land and propelled by mechanical power, but not running on rails, and any trailer whether or not coupled, which is normally based (within the meaning of paragraph (2) of this regulation) in the United Kingdom.
2
The territory in which a vehicle is normally based is—
a
the territory of the State of which the vehicle bears a registration plate; or
b
in cases where no registration is required for the type of vehicle, but the vehicle bears an insurance plate or a distinguishing sign analogous to a registration plate, the territory of the State in which the insurance plate or the sign is issued; or
c
in cases where neither registration plate nor insurance plate nor distinguishing sign is required for the type of vehicle, the territory of the State in which the keeper of the vehicle is permanently resident.
3
For the purposes of these Regulations, a vehicle is insured if there is in force in relation to the use of that vehicle on a road or other public place in the United Kingdom by the insured person a policy of insurance (including a covering note) which fulfils the requirements of section 145 of the 1988 Act6 or article 92 of the 1981 Order7.
Right of actionI33
1
Paragraph (2) of this regulation applies where an entitled party has a cause of action against an insured person in tort or (as the case may be) delict, and that cause of action arises out of an accident.
2
Where this paragraph applies, the entitled party may, without prejudice to his right to issue proceedings against the insured person, issue proceedings against the insurer which issued the policy of insurance relating to the insured vehicle, and that insurer shall be directly liable to the entitled party to the extent that he is liable to the insured person.
Signed by authority of the Lord Chancellor
(This note is not part of the Regulations)