The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019

• Citation: S.I. 2019/1047
• Sections: 63

Section 1 Citation and commencement

These regulations may be cited as the Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 and come into force on 1st November 2019.

Section 2 Amendments of primary and secondary legislation

Schedule 1 amends—

(a) the Road Traffic Act 1988 (see Part 1);

(b) the Road Traffic Offenders Act 1988 (see Part 2); and

(c) the Serious Organised Crime and Police Act 2005 (see Part 3).

Section 3 Amendments of primary and secondary legislation

Schedule 2 makes amendments to primary legislation as a result of the Automated and Electric Vehicles Act 2018 .

Section 4 Amendments of primary and secondary legislation

Schedule 3—

(a) amends the Motor Vehicles (International Motor Insurance Card) Regulations 1971 (see Part 1);

(b) amends the Motor Vehicles (Third Party Risks) Regulations 1972 (see Part 2);

(c) amends the Motor Vehicles (Compulsory Insurance) (No. 2) Regulations 1973 (see Part 3);

(d) revokes the Motor Vehicles (Third-Party Risks Deposits) Regulations 1992 (see Part 4);

(e) amends the Disclosure of Vehicle Insurance Information Regulations 2005 (see Part 5); and

(f) amends the Motor Vehicles (Insurance Requirements) Immobilisation, Removal and Disposal) Regulations 2011 (see Part 6).

Section 5 Transitional and saving provision

(1) This regulation applies to—

(a) a deposit made before 1st November 2019 with the Accountant General of the Senior Courts in accordance with section 144(1) of the Road Traffic Act 1988 ;

(b) a security given before 1st November 2019 in accordance with section 146 of the Road Traffic Act 1988 ; and

(c) a security which is renewed on or after 1st November 2019 in accordance with section 146 of the Road Traffic Act 1988 having been originally given before that date in accordance with that section.

(2) Subject to paragraphs (3) and (4), regulations 2, 3 and 4 and Schedules 1, 2 and 3 do not apply until 1st November 2021 in relation to a deposit or security to which this regulation applies.

(3) Regulations 2 and 4 and Schedules 1 and 3 do not affect any liability in respect of death or bodily injury or damage to property where—

(a) the event which was the cause of the death or bodily injury or damage to property giving rise to the liability occurred before 1st November 2021; and

(b) at the time the event occurred, there was a deposit or security to which this regulation applies that covered the liability.

(4) Regulation 4(d) and Part 4 of Schedule 3 do not apply to any monies held by the Accountant General of the Senior Courts in relation to a deposit or security to which this regulation applies.

Section 6 Amendment of Road Traffic Act 1988

(1) Section 152 of the Road Traffic Act 1988 (exceptions to section 151) is amended as follows.

(2) In subsection (2), for the words before paragraph (a) substitute “No sum is payable by an insurer under section 151 of this Act in connection with any liability if, before the happening of the event which was the cause of the death or bodily injury or damage to property giving rise to the liability, the insurer has obtained a declaration—”.

(3) Omit subsections (3) and (4).

Section 7 Amendment of Road Traffic (Northern Ireland) Order 1981

(1) Article 98A of the Road Traffic (Northern Ireland) Order 1981 (exceptions to article 98) is amended as follows.

(2) In paragraph (2), for the words before sub-paragraph (a) substitute “No sum is payable by an insurer under Article 98 of this Order in connection with any liability if, before the happening of the event which was the cause of the death or bodily injury or damage to property giving rise to the liability, the insurer has obtained a declaration—”.

(3) Omit paragraphs (3) and (4).

Section 8 Saving provision

(1) Paragraph (2) applies if, immediately before 1st November 2019, an insurer was exempted from paying any sum under section 151 of the Road Traffic Act 1988 in connection with a liability as a result of a declaration obtained by the insurer under section 152(2) of that Act before that date.

(2) Despite regulation 6, on and after 1st November 2019 section 152(2) of that Act continues to exempt the insurer from paying any sum in connection with the liability, regardless of whether the declaration was obtained before or after the happening of the event which was the cause of the death or bodily injury or damage to property giving rise to the liability.

(3) Paragraph (4) applies if, immediately before 1st November 2019, an insurer was exempted from paying any sum under Article 98 of the Road Traffic (Northern Ireland) Order 1981 in connection with a liability as a result of a declaration obtained by the insurer under Article 98A(2) of that Order before that date.

(4) Despite regulation 7, on and after 1st November 2019 Article 98A(2) of that Order continues to exempt the insurer from paying any sum in connection with the liability, regardless of whether the declaration was obtained before or after the happening of the event which was the cause of the death or bodily injury or damage to property giving rise to the liability.

Section 9

In regulation 3 of the Motor Vehicles (Insurance Requirements) Regulations 2011 , for “paragraph 5(3)” substitute “paragraph 2”.

Section 1

The Road Traffic Act 1988 is amended as follows.

Section 2

In section 3ZB(c) (causing death by driving: unlicensed or uninsured drivers) , omit “or unsecured against third party risks”.

Section 3

In the table in section 12E(3) (effect of motor race order) , in the entry for section 143(1) and (2) of the Road Traffic Act 1988, omit “or secured against third party risks”.

Section 4

In section 12H(5)(c) (races and trials of speed in Scotland: further provision) , omit “or security”.

Section 5

In the italic heading before section 143, omit “or security against third party risks”.

Section 6

(1) Section 143 (users of motor vehicles to be insured or secured against third-party risks) is amended as follows.

(2) In the heading, omit “or secured against third-party risks”.

(3) In subsection (1), in paragraphs (a) and (b), omit “or such a security in respect of third party risks”.

(4) In subsection (3)(c), omit “or security”.

Section 7

(1) Section 144 (exceptions from requirement of third-party insurance or security) is amended as follows.

(2) In the heading, omit “or security”.

(3) Omit subsections (1), (1A) and (1B).

Section 8

(1) Section 144A (offence of keeping a vehicle which does not meet insurance requirements) is amended as follows.

(2) In subsection (2)(a), omit “or such a security in respect of third party risks”.

(3) In subsections (3), (4) and (5), omit “or security” in each place.

Section 9

Omit section 146 (requirements in respect of securities).

Section 10

(1) Section 147 (issue of certificates of insurance and of security) is amended as follows.

(2) In the heading, omit “and of security”.

(3) Omit subsection (2).

(4) In subsection (3), omit “or (2)”.

Section 11

(1) Section 148 (avoidance of certain exceptions to policies or securities) is amended as follows.

(2) In the heading, omit “or securities”.

(3) In subsection (1)—

(a) in the words before paragraph (a)—

(i) for “or security is issued or given” substitute “is issued”; and

(ii) omit “or security”;

(b) omit paragraph (b) and the “or” preceding that paragraph; and

(c) in the words after paragraph (b), omit “(as the case may be)”.

(4) In subsection (3), omit “or the giver of a security”.

(5) In subsection (4)—

(a) omit “or the giver of a security”;

(b) omit “or security”; and

(c) omit “or giver of the security”.

(6) In subsection (5)—

(a) in the words before paragraph (a), for “or security issued or given” substitute “issued”;

(b) in paragraph (a), omit “or security”; and

(c) in the words following paragraph (b), omit “or security”.

(7) In subsection (6)—

(a) omit “or security” in both places;

(b) omit “or secured”; and

(c) omit “or the giver of the security”.

Section 12

In section 149(1) (avoidance of certain agreements as to liability towards passengers), omit “or such a security in respect of third party risks”.

Section 13

(1) Section 150 (insurance or security in respect of private use of vehicle to cover use under car-sharing arrangements) is amended as follows.

(2) In the heading, omit “or security”.

(3) In subsection (1)—

(a) in the words before paragraph (a), for “or security issued or given” substitute “issued”;

(b) in paragraphs (a) and (b), omit “or the operation of the security (as the case may be)”; and

(c) in the words after paragraph (b), omit “or security”.

Section 14

(1) Section 151 (duty of insurers or persons giving security to satisfy judgment against persons insured or secured against third-party risks) is amended as follows.

(2) In the heading—

(a) omit “or persons giving security”; and

(b) omit “or secured against third party risks”.

(3) In subsection (1), for “or security is issued or given” substitute “is issued”.

(4) In subsection (2)—

(a) in paragraph (a)—

(i) omit “or security”; and

(ii) omit “or whose liability is covered by the security, as the case may be”; and

(b) in paragraph (b)—

(i) omit “or, as the case may be, the security covered the liability of all persons,”; and

(ii) omit “or, as the case may be, whose liability is covered by the security”.

(5) In subsection (3)—

(a) omit “or security” in both places;

(b) omit “, as the case may be,”; and

(c) omit “or the operation of the security”.

(6) In subsection (5), in the words before paragraph (a), omit “or security”.

(7) In subsection (6), omit “or security” in each place.

(8) In subsection (7)—

(a) in the words before paragraph (a), omit “or whose liability is covered by a security”; and

(b) in paragraph (b), omit “or security”.

(9) In subsection (8)—

(a) in the words before paragraph (a), omit “or whose liability is not covered by a security”; and

(b) in paragraph (a)—

(i) omit “, or whose liability is covered by the security,”; and

(ii) omit “or, as the case may be, the security covered the liability of all persons”.

(10) In subsection (9)—

(a) omit paragraph (a); and

(b) in paragraph (c), omit “or security” in each place.

Section 15

(1) Section 152 (exceptions to section 151) is amended as follows.

(2) In subsection (1)(c), omit “or security”.

(3) In subsection (2)—

(a) in paragraph (a), in the words before sub-paragraph (i)—

(i) omit “or security”; and

(ii) omit “, or the security”; and

(b) in paragraph (b)—

(i) omit “, or the security”; and

(ii) omit “or security”.

Section 16

(1) Section 153 (bankruptcy, etc., of insured or secured persons not to affect claims by third parties) is amended as follows.

(2) In the heading, omit “or secured”.

(3) In subsection (1), omit “or been given a security”.

(4) In subsection (3), omit “or the security was given”.

Section 17

(1) Section 154 (duty to give information as to insurance or security where claim made) is amended as follows.

(2) In the heading, omit “or security”.

(3) In subsection (1)—

(a) in paragraph (a)—

(i) in sub-paragraph (i), omit “or had in force a security having effect for those purposes”; and

(ii) for sub-paragraph (ii) and the “and” at the end of that sub-paragraph, substitute—

(ii) he would have been so insured if the insurer had not avoided or cancelled the policy, and

(b) in paragraph (b)—

(i) in the words before sub-paragraph (i), omit “, or had or would have had in force such a security”; and

(ii) in sub-paragraph (i)—

(aa) omit “or security” in the first and second places those words occur; and

(bb) omit “or security, as the case may be,”.

Section 18

Omit section 155 (deposits) .

Section 19

(1) Section 156 (power to require evidence of insurance or security on application for vehicle excise licence) is amended as follows.

(2) In the heading, omit “or security”.

(3) In paragraph (a), omit “or the necessary security”.

Section 20

In section 157(1) (payment for hospital treatment of traffic casualties), for paragraph (b) and the “and” at the end of that paragraph substitute—

(b) the payment is made by an authorised insurer, the payment being made under or in consequence of a policy issued under section 145 of this Act, and

Section 21

In section 160(2)(b) (regulations) , omit “and certificates of security”.

Section 22

In the table in section 162 (index to Part 6) , omit the entry for “Certificate of security”.

Section 23

(1) Section 165 (power of constables to obtain names and addresses of drivers and others, and to require production of evidence of insurance or security and test certificates) is amended as follows.

(2) In the heading, omit “or security”.

(3) In subsection (2)(a), omit “or certificate of security”.

Section 24

(1) Section 170 (duty of driver to stop, report accident and give information or documents) is amended as follows.

(2) In subsection (5), in the words before paragraph (a), omit “or security,”.

(3) In subsection (6), in the words before paragraph (b), omit “or security,”.

Section 25

(1) Section 171 (duty of owner of motor vehicle to give information for verifying compliance with the requirement of compulsory insurance or security) is amended as follows.

(2) In the heading, omit “or security”.

(3) In subsection (1), omit “or security,”.

Section 26

(1) Section 173(2) (forgery of documents, etc) is amended as follows.

(2) In paragraph (h), omit “or certificate of security”.

(3) In paragraph (k), omit “or a certificate of security”.

Section 27

(1) Section 174(5) (false statements and withholding material information) is amended as follows.

(2) In paragraph (a), omit “or certificate of security”.

(3) In paragraph (b), omit “or a certificate of security”.

Section 28

The Road Traffic Offenders Act 1988 is amended as follows.

Section 29

(1) The table in Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply) is amended as follows.

(2) In the entry for RTA section 143, in the second column (general nature of offence), omit “or unsecured against third party risks”.

(3) In the entry for RTA section 171, in the second column (general nature of offence), omit “or security”.

Section 30

(1) The table in Part 1 of Schedule 2 (offences under the Traffic Acts) is amended as follows.

(2) In the entry for RTA section 143, in the second column (general nature of offence), omit “or unsecured against third party risks”.

(3) In the entry for RTA section 147, in the second column (general nature of offence), omit “or security”.

(4) In the entry for RTA section 154, in the second column (general nature of offence), omit “or security”.

(5) In the entry for RTA section 170(7), in the second column (general nature of offence), omit “or security”.

(6) In the entry for RTA section 171, in the second column (general nature of offence), omit “or security”.

Section 31

In the table in Schedule 3 (fixed penalty offences), in the entry for RTA section 143, in the second column (general nature of offence), omit “or unsecured against third party risks”.

Section 32

The Serious Organised Crime and Police Act 2005 is amended as follows.

Section 33

In section 153(2) (disclosure of information about insurance status of vehicles), omit “, or security in respect of third party risks,”.

Section 34

In section 155(3) (payments by Secretary of State to local policing body in relation to the prevention, detection and enforcement of certain traffic offences), in the entry for section 143 of the Road Traffic Act 1988 (users of motor vehicles to be insured or secured against third-party risks), omit “or secured against third-party risks”.

Section 35

In section 156(3) (payments by Scottish Ministers to Scottish Police Authority in relation to the prevention, detection and enforcement of certain traffic offences), in the entry for section 143 of the Road Traffic Act 1988 (users of motor vehicles to be insured or secured against third-party risks), omit “or secured against third-party risks”.

Section 1

If paragraph 17 of the Schedule (minor and consequential amendments) to the Automated and Electric Vehicles Act 2018 has not come into force before the coming into force of these Regulations, paragraph 17 is repealed.

Section 2

If paragraph 17 of the Schedule (minor and consequential amendments) to the Automated and Electric Vehicles Act 2018 has come into force before the coming into force of these Regulations, subsection (1A) of section 143 of the Road Traffic Act 1988 is repealed.

Section 3

If paragraph 18 of the Schedule (minor and consequential amendments) to the Automated and Electric Vehicles Act 2018 has not come into force before the coming into force of these Regulations, paragraph 18 is repealed.

Section 1

(1) Regulation 10 of the Motor Vehicles (International Motor Insurance Card) Regulations 1971 is amended as follows.

(2) Omit “or a security” in each place.

(3) Omit “or certificate of security” in each place.

(4) Omit “or security”.

Section 2

The Motor Vehicles (Third Party Risks) Regulations 1972 are amended as follows.

Section 3

(1) Regulation 4 is amended as follows.

(2) In the definition of “company”, omit “or a body of persons by whom a security may be given in pursuance of the said Part VI”.

(3) Omit the definition of “security”.