European Communities (Rights against Insurers) Regulations 2002
| Jurisdiction | UK Non-devolved |
2002 No. 3061
ROAD TRAFFIC
The European Communities (Rights against Insurers) Regulations 2002
Made 10th December 2002
Laid before Parliament 12th December 2002
Coming into force 19th January 2003
The Lord Chancellor, being a Minister designated1for the purpose of section 2(2) of the European Communities Act 19722in 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 commencement
1. These Regulations may be cited as the European Communities (Rights against Insurers) Regulations 2002 and shall come into force on 19th January 2003.
Interpretation
2.—(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 19925and the Protocol adjusting the Agreement signed at Brussels on 17th March 1993;
“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)
(a) the territory of the State of which the vehicle bears a registration plate; or
(b)
(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)
(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.
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