PART VI.

Compulsory Insurance of Mechanically Propelled Vehicles.

56. —(1) A person (in this subsection referred to as the user) shall not use in a public place a mechanically propelled vehicle unless either a vehicle insurer, a vehicle guarantor or an exempted person would be liable for injury caused by the negligent use of the vehicle by him at that time or there is in force at that time either—

(a) an approved policy of insurance whereby the user or some other person who would be liable for injury caused by the negligent use of the vehicle at that time by the user, is insured against all sums without limit (save as is hereinafter otherwise provided) which the user or his personal representative or such other person or his personal representative shall become liable to pay to any person (exclusive of the excepted persons) by way of damages or costs on account of injury to person or property caused by the negligent use of the vehicle at that time by the user, or

(b) an approved guarantee whereby there is guaranteed the payment by the user, or some other person who would be liable for injury caused by the negligent use of the vehicle at that time by the user, of all sums without limit (save as is hereinafter otherwise provided) which the user or his personal representative or such other person or his personal representative shall become liable to pay to any person (exclusive of the excepted persons) by way of damages or costs on account of injury to person or property caused by the negligent use of the vehicle at that time by the user.

(2) The insurance or guarantee required by this section may be subject to the following limitation and the following exception or either of them:

(a) it may, in so far as it relates to injury to property, be limited to the sum of one thousand pounds in respect of injury caused by any one act of negligence or any one series of acts of negligence collectively constituting one event,

(b) there may be excepted from the liability covered thereby any liability (in excess of the common law or the statutory liability applicable to the case) undertaken by the insured or the principal debtor by special contract.

(3) Where a person contravenes subsection (1) of this section, he and, if he is not the owner of the vehicle, such owner shall each be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

(4) Where, in a prosecution for an offence under this section, it is shown that, a demand having been made under section 69 of this Act,—

(a) the person on whom the demand was made refused or failed to produce a certificate of insurance, certificate of guarantee or certificate of exemption then and there, or

(b) such person, having duly produced such certificate consequent upon the demand, refused or failed to permit the member of the Garda Síochána to whom such certificate was produced to read and examine it,

it shall be presumed, until the contrary is shown by the defendant, that the vehicle was being used in contravention of this section.

(5) Where a person charged with an offence under this section is the owner of the vehicle, it shall be a good defence to the charge for the person to show that the vehicle was being used without his consent and either that he had taken all reasonable precautions to prevent its being used or that it was being used by his servant acting in contravention of his orders.

(6) Where a person charged with an offence under this section was the servant of the owner of the vehicle, it shall be a good defence to the charge for the person to show that he was using the vehicle in obedience to the express orders of the owner.

57. —(1) Where—

(a) the court, on a conviction for an offence under the immediately preceding section, is satisfied that injury was caused to person or property by the negligent use on the occasion on which the offence was committed of the vehicle in relation to which the offence was committed and

(b) the court is of opinion that some person then present or represented would be entitled to recover in a civil action against the convicted person damages in respect of the injury,

the court may, if it thinks fit and the person present or represented consents, inflict on the convicted person, in addition to any other punishment, a fine not exceeding the damages which in the opinion of the court the person present or represented would be entitled to recover against the convicted person.

(2) Where a fine is imposed under subsection (1) of this section on a convicted person—

(a) the court imposing the fine may sentence the convicted person to any term of imprisonment, not exceeding six months, in default of payment of the fine within such time, not being less than fourteen days, as the court appoints,

(b) the amount of the fine shall be paid to the person on account of whose right to recover damages the fine was imposed and, if there is more than one such person, in such proportions as the court directs,

(c) the payment of the fine by the convicted person shall be a good defence to any civil action brought by any person to whom the fine or any part thereof was so paid in respect of the injury on account of which the fine was inflicted,

(d) without prejudice to any right of appeal by any other person, the person or any of the persons to whom the fine is made payable shall have a right of appeal (limited to one or more of the following matters, that is to say, the amount of the fine and the person to whom and the proportions in which it is payable) to the Judge of the Circuit Court within whose circuit is situate the district or any part of the district of the Justice by whom the fine was inflicted, and the decision of the Judge on the appeal shall be final.

(3) Where damages are recovered in a civil action against a person who was convicted of an offence under the immediately preceding section in respect of injury to person or property caused by the negligent use on the occasion on which the offence was committed of the mechanically propelled vehicle in relation to which the offence was committed, the court before whom the damages are recovered may if the damages are not paid within fourteen days or such longer period as the court may determine order that the person against whom the damages were recovered be forthwith taken into custody and be imprisoned for whichever of the following periods is the shorter, that is to say, until the expiration of six months from the taking into custody or until he pays the amount of the damages to the person by whom they were recovered and lodges in court, by way of security for the payment of the costs recovered by that person in the action, such sum (if any) as the court fixes.

(4) This section applies only to injury against liability with respect to which an approved policy of insurance or an approved guarantee is required by this Act to be effected.

58. —In this Act “vehicle insurer” means, subject to subsection (1) of section 78 of this Act,—

(a) an assurance company within the meaning of section 3 of the Insurance Act, 1936 , carrying on mechanically propelled vehicle insurance business within the meaning of that section, or

(b) a syndicate within the meaning of that section carrying on that business.

59. —In this Act “vehicle guarantor” means, subject to subsection (2) of section 78 of this Act, a person who—

(a) is not a vehicle insurer, and

(b) carries on the business of issuing approved guarantees, and

(c) has made and maintains the deposit with the Accountant of the Courts of Justice authorised by this Part of this Act to be made by persons who intend to carry on the business of issuing approved guarantees,

60. —In this Part of this Act “exempted person” means, subject to subsection (3) of section 78 of this Act, a person who—

(a) is neither a vehicle insurer nor a vehicle guarantor, and

(b) has made and maintains the deposit with the Accountant of the Courts of Justice authorised by this Part of this Act to be made by persons who desire to become exempted persons.

61. —(1) A person (other than a vehicle insurer) who intends to carry on the business of issuing approved guarantees or who desires to become an exempted person may deposit and thereafter keep deposited with the Accountant of the Courts of Justice the sum of fifteen thousand pounds.

(2) The Accountant of the Courts of Justice shall invest a sum deposited under this section in such of the securities authorised by law for the investment of funds in the High Court as the depositor directs, and the income accruing on the securities shall be paid to the depositor.

(3) The Accountant of the Courts of Justice shall not accept a deposit under this section save on a warrant of the Minister for Industry and Commerce.

(4) The Minister for Industry and Commerce may make rules with respect to applications for warrants for the purposes of this section, the payment of deposits and the investment thereof or dealing therewith, the deposit of stocks, shares or other securities in lieu of money, the payment of the income from time to time accruing on securities in which deposits are for the time being invested and the withdrawal and transfer of deposits.

62. —(1) A policy of insurance shall be an approved policy of insurance for the purposes of this Act if, but only if, it complies with the following conditions:

(a) it is issued by a vehicle insurer to a person (in this Act referred to as the insured) named therein;

(b) the insurer by whom it is issued binds himself by it to insure the insured against all sums without limit which the insured or his personal representative shall become liable to pay to any person (exclusive of the excepted persons) whether by way of damages or costs on account of injury to person or property caused by the negligent use, during the period (in this Act referred to as the period of cover) specified in that behalf in the policy, of a mechanically propelled vehicle to which the policy relates, by the insured or by any of such other persons (if any) as are mentioned or otherwise indicated in that behalf in the policy;

(c) the liability of the insurer under the policy is not subject to any condition, restriction, or limitation prescribed as not to be inserted in an approved policy of insurance; and

(d) the period of cover is not capable of being terminated before its expiration by effluxion of time by the insurer save either with the consent of the insured or after seven days' notice in writing to the insured.

(2) A policy of insurance which complies with the conditions specified in subsection (1) of this section shall not be prevented from being an approved policy of insurance merely by reason of its containing provisions additional to and not inconsistent with the provisions required by those conditions.

(3) A policy of insurance shall not be prevented from being an approved policy of insurance merely by reason of the insurance being subject to the following limitation and the following exception or either of them:

(a) the limitation thereof, in so far as it relates to injury to property, to the sum of one thousand pounds in respect of injury occasioned by any one act of negligence or any one series of acts of negligence collectively constituting one event,

(b) the exception therefrom of any liability (in excess of the common law or the statutory liability applicable to the case) undertaken by the insured by special contract.

63. —(1) A guarantee shall be an approved guarantee for the purposes of this Act if, but only if, it complies with the following conditions;

(a) it is issued by a vehicle insurer or a vehicle guarantor to a person (in this Act referred to as the principal debtor) named therein;

(b) the insurer or guarantor by whom it is issued binds himself by it to guarantee the payment by the principal debtor or his personal representative of all sums without limit which the principal debtor or his personal representative shall become liable to pay to any person (exclusive of the excepted persons) whether by way of damages or costs on account of injury to person or property caused by the negligent use during the period (in this Act referred to as the period of cover) specified in that behalf in the guarantee, of a mechanically propelled vehicle to which the guarantee relates, by the principal debtor or by any of such other persons (if any) as are mentioned or otherwise indicated in that behalf in the guarantee;

(c) the liability under the guarantee of the insurer or guarantor by whom it is issued is not subject to any condition, restriction, or limitation prescribed as not to be inserted in an approved guarantee; and

(d) the period of cover is not capable of being terminated before its expiration by effluxion of time by the insurer or guarantor save either with the consent of the principal debtor or after seven days' notice in writing to the principal debtor.

(2) A guarantee which complies with the conditions specified in subsection (1) of this section shall not be prevented from being an approved guarantee merely by reason of its containing provisions additional to and not inconsistent with the provisions required by those conditions.

(3) A guarantee shall not be prevented from being an approved guarantee merely by reason of the guarantee being subject to the following limitation and the following exception or either of them:

(a) the limitation thereof, in so far as it relates to injury to property, to the sum of one thousand pounds in respect of injury occasioned by any one act of negligence or any one series of acts of negligence collectively constituting one event,

(b) the exception therefrom of any liability (in excess of the common law or the statutory liability applicable to the case) undertaken by the principal debtor by special contract.

(4) An approved guarantee issued by a vehicle insurer shall, for the purposes of sections 25 , 26 and 27 of the Insurance Act, 1936 , be regarded as if it were a policy issued by the insurer in the course of carrying on mechanically propelled vehicle insurance business within the meaning of section 3 of that Act.

64. —(1) A person shall not, for the purpose or in the course of obtaining the issue of an approved policy of insurance or an approved guarantee to himself or to another person, or for the purpose of securing his or another person's participation in the cover afforded by an approved policy of insurance or an approved guarantee, commit any fraud or make any representation or statement (whether in writing or verbally or by conduct) which is to his knowledge false or misleading in any material respect.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding one hundred pounds or, at the discretion of the court, to imprisonment for any term not exceeding six months or to both such fine and such imprisonment.

(3) In a prosecution for an offence under subsection (1) of this section, a document—

(a) which purports to be—

(i) a proposal forming the basis of the relevant contract of insurance or guarantee,

(ii) a document (other than a proposal) forming that basis, or

(iii) an application for participation in the cover afforded by the relevant contract of insurance or guarantee, and

(b) which purports to be signed by the defendant,

may be tendered in evidence without proof and shall be presumed, until the contrary is shown by the defendant, to be such proposal or document as aforesaid and to have been signed by the defendant.

65. —(1) In this Part of this Act “excepted persons” means the following persons:

(a) any person claiming in respect of injury to person to himself sustained while he was in or on a mechanically propelled vehicle to which the relevant document relates, other than a mechanically propelled vehicle of a class specified for the purposes of this paragraph by the Minister by regulations,

(b) any person claiming in respect of injury to person to another person where—

(i) in case the injury caused the other person's death—the other person would, assuming that the injury had not caused his death, be an excepted person under paragraph (a) of this subsection if he were himself claiming in respect of the injury, and

(ii) in any other case—the other person would be such an excepted person if he were so claiming,

(c) any person claiming in respect of injury to property sustained while the property was in or on a mechanically propelled vehicle to which the relevant document relates,

(d) any person claiming in respect of injury to property sustained while the property was owned by or was in the possession, custody or control of the insured or the principal debtor in the relevant document,

(e) any person claiming in respect of injury to any weighbridge or to any road or to anything in or below the surface of a road due to the weight of or vibration caused by a mechanically propelled vehicle to which the relevant document relates,

(f) any person claiming in respect of injury to property due to an explosion of a boiler forming part of a mechanically propelled vehicle to which the relevant document relates or due to sparks or ashes proceeding from any such vehicle, and

(g) any person claiming in respect of an injury to himself or any other person in respect of which he would be entitled to claim against the insured or the principal debtor in the relevant document and be awarded compensation or other relief under the Workmen's Compensation Acts, 1934 to 1955.

(2) In this section—

(a) “relevant document” means the approved policy of insurance or the approved guarantee in relation to which the expression “excepted persons” is used, and

(b) references to injury sustained while in or on a vehicle include injury sustained while entering, getting on to, being put into or on, alighting from, or being taken out of or off, the vehicle, and injury caused by being thrown out of or off the vehicle.

66. —(1) Where a vehicle insurer issues an approved policy of insurance, he shall give to the person to whom it is issued the prescribed number of certificates (each of which is referred to in this Act as a certificate of insurance) in the prescribed form certifying that it has been issued and stating the prescribed particulars thereof.

(2) Where a vehicle insurer or a vehicle guarantor issues an approved guarantee, he shall give to the person to whom it is issued the prescribed number of certificates (each of which is referred to in this Act as a certificate of guarantee) in the prescribed form certifying that it has been issued and stating the prescribed particulars thereof.

(3) For the purposes of this section, a renewal of an approved policy of insurance or an approved guarantee shall be deemed to be an issue thereof.

67. —(1) Where a vehicle insurer has issued a certificate of insurance certifying that an approved policy of insurance has been issued by him to a specified person—

(a) if and so long as no such policy as is described in the certificate has been issued, the insurer shall, as between himself and any other person except the specified person, be deemed to have issued to the specified person an approved policy of insurance conforming in all respects with the description and particulars stated in the certificate, and

(b) if the insurer has issued to the specified person a policy such as is described in the certificate, but the actual terms of the policy are less favourable to persons claiming under or by virtue of the policy against the insurer, either directly or through the specified person, than the particulars of the policy as stated in the certificate, the policy shall, as between the insurer and any other person except the specified person, be deemed to be in terms conforming in all respects with those particulars.

(2) Where a vehicle insurer or a vehicle guarantor has issued a certificate of guarantee certifying that an approved guarantee has been issued by him to a specified person—

(a) if and so long as no such guarantee as is described in the certificate has been issued, the insurer or guarantor shall, as between himself and any other person except the specified person, be deemed to have issued to the specified person an approved guarantee conforming in all respects with the description and particulars stated in the certificate, and

(b) if the insurer or guarantor has issued to the specified person a guarantee such as is described in the certificate, but the actual terms of the guarantee are less favourable to persons claiming under or by virtue of the guarantee against the insurer or guarantor, either directly or through the specified person, than the particulars of the guarantee as stated in the certificate, the guarantee shall, as between the insurer or guarantor and any other person except the specified person, be deemed to be in terms conforming in all respects with those particulars.

(3) Nothing in this section shall render a certificate of insurance or a certificate of guarantee liable to any stamp duty to which it would not have been liable if this section had not been enacted.

68. —(1) A vehicle insurer, a vehicle guarantor or an exempted person may at any time issue one or more certificates (each of which is in this Act referred to as a certificate of exemption) in the prescribed form in respect of any mechanically propelled vehicle owned by him certifying that the vehicle is owned by him and stating the prescribed particulars in respect of his liability for injury caused by the negligent use of the vehicle.

(2) A certificate of exemption issued by a vehicle insurer shall, for the purposes of sections 25 , 26 and 27 of the Insurance Act, 1936 , be regarded as if it were a policy issued by the insurer in the course of carrying on mechanically propelled vehicle insurance business within the meaning of section 3 of that Act.

69. —(1) (a) Where a member of the Garda Síochána has reasonable grounds for believing that a mechanically propelled vehicle has been used in a public place on a particular occasion (including a case in which the member has himself observed the use) and that the actual user of the vehicle on that occasion was a particular person, the member may, at any time not later than one month after the occasion, demand of the person the production of either a certificate of insurance or a certificate of guarantee or a certificate of exemption in respect of the use of the vehicle by the person on the occasion and, if the person refuses or fails to produce any such certificate then and there, he shall, unless within ten days after the day on which the production was demanded he produces such certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the person at the time at which the production was demanded, be guilty of an offence.

(b) In a prosecution for an offence under this subsection, it shall be presumed, until the contrary is shown by the defendant, that he did not, within ten days after the day on which the production was demanded produce the certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the defendant at the time at which the production was demanded.

(c) It shall be a good defence in a prosecution for an offence under this subsection if the defendant shows that on the occasion in question—

(i) he did not use the vehicle, or

(ii) he was the servant of the owner of the vehicle and was using the vehicle in obedience to the express orders of the owner.

(2) (a) Where a member of the Garda Síochána has reasonable grounds for believing that a mechanically propelled vehicle has been used in a public place on a particular occasion (including a case in which the member has himself observed the use), the member may, at any time not later than one month after the occasion, demand of the owner of the vehicle the production of either a certificate of insurance or a certificate of guarantee or a certificate of exemption in respect of the use on the occasion of the vehicle by the person then actually using it and, if the owner refuses or fails to produce any such certificate then and there, he shall, unless within ten days after the day on which the production was demanded he produces such certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the owner at the time at which such production was demanded, be guilty of an offence.

(b) In a prosecution for an offence under this subsection, it shall be presumed, until the contrary is shown by the defendant, that he did not, within ten days after the day on which production was demanded, produce the certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the defendant at the time at which the production was demanded.

(c) It shall be a good defence in a prosecution for an offence under this subsection if the defendant shows—

(i) that the vehicle was not used on the occasion in question, or

(ii) that a person other than himself used the vehicle on the occasion in question, that it was so used without his consent and either that he had taken all reasonable precautions to prevent its being so used or that the person so using it was his servant acting in contravention of his orders.

(3) Where a person produces pursuant to this section a certificate to a member of the Garda Síochána but refuses or fails to permit the member to read and examine it, he shall be guilty of an offence and the member may demand of him his name and address.

(4) Where a person whose name and address is demanded under subsection (3) of this section refuses or fails to give his name and address or gives a name or address which is false or misleading, he shall be guilty of an offence.

(5) A member of the Garda Síochána may arrest without warrant—

(a) a person who pursuant to this section produces a certificate but refuses or fails to permit the member to read and examine it, or

(b) a person who, when his name and address is demanded of him by the member under this section, refuses or fails to give his name and address or gives a name or address which the member has reasonable grounds for believing to be false or misleading.

70. —(1) Where the period of cover under an approved policy of insurance is terminated or suspended by any means before its expiration by effluxion of time, the insured shall, within seven days after the termination or suspension, deliver to the vehicle insurer by whom the policy was issued the latest certificate of insurance in respect of the policy.

(2) Where the period of cover under an approved guarantee is terminated or suspended by any means before its expiration by effluxion of time, the principal debtor shall, within seven days after the termination or suspension, deliver to the vehicle insurer or the vehicle guarantor by whom the guarantee was issued the latest certificate of guarantee in respect of the guarantee.

(3) A person who contravenes subsection (1) or subsection (2) of this section shall be guilty of an offence.

71. —(1) Subject to subsection (2) of this section, where an event occurs in relation to a mechanically propelled vehicle in consequence of which the vehicle insurer who issued an approved policy of insurance or the vehicle insurer or the vehicle guarantor who issued an approved guarantee, then in force in respect of the vehicle, may become liable to pay money to any person, the insured or the principal debtor (as the case may be) shall, as soon as practicable after the occurrence of the event, or where the event did not occur in his presence, within forty-eight hours after the occurrence of the event first came to his knowledge, give to the insurer by whom the policy was issued or to the insurer or guarantor by whom the guarantee was issued notice in writing of the occurrence of the event together with such particulars of the event as are in his knowledge or procurement and are reasonably required by the insurer or guarantor.

(2) An approved policy of insurance or an approved guarantee may contain a provision relieving the insured or the principal debtor (as the case may be) from the obligation of giving the notice mentioned in subsection (1) of this section and, in any such case, that notice need not be given.

(3) A person who contravenes subsection (1) of this section shall be guilty of an offence.

(4) A notice or particulars required by this section may be given by posting the notice or particulars in a properly closed and prepaid envelope addressed to the insurer or guarantor, and the notice or particulars shall be deemed to be given in the time specified in this section for the giving thereof if so posted within that time.

72. —(1) Where an event occurs in relation to a mechanically propelled vehicle in consequence of which the vehicle insurer who issued an approved policy of insurance, or the vehicle insurer or the vehicle guarantor who issued an approved guarantee, then in force in respect of the vehicle, may become liable to pay money to any person, the person who is actually using the vehicle when the event occurs shall—

(a) unless he is himself the insured under the policy or the principal debtor under the guarantee or the event occurs in the presence of such insured or principal debtor, give to such insured or principal debtor, as soon as practicable after the occurrence of the event, notice of the occurrence together with full particulars thereof,

(b) give, on demand, to the insurer or guarantor such particulars relating to the event as are in his knowledge or procurement and are reasonably required by the insurer or guarantor.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.

(3) A notice or particulars required by paragraph (a) of subsection (1) of this section may be given by posting the notice or particulars in a properly closed and prepaid envelope addressed to the insured or the principal debtor.

73. —(1) Where a claim is made against a person in respect of any such liability as is appropriate in accordance with this Act to be covered by an approved policy of insurance or an approved guarantee, such person, on demand in writing (served by registered post) by or on behalf of the person making the claim, shall—

(a) if the liability was so covered, state that fact, state the name and address of the insurer or guarantor concerned and state the prescribed particulars referred to in subsection (1) or subsection (2) (as may be appropriate) of section 66 of this Act,

(b) if the liability would have been so covered but for an approved policy of insurance or an approved guarantee having been avoided, cancelled or otherwise terminated, state that fact and state the name and address of the insurer or guarantor concerned,

(c) if the liability was not so covered on account of the person against whom the claim is made having been a vehicle insurer, a vehicle guarantor or an exempted person, state that fact and state the prescribed particulars referred to in section 68 of this Act, and

(d) if none of the foregoing paragraphs apply, state that fact.

(2) A person who contravenes subsection (1) of this section shall be guilty of an offence.

(3) A statement demanded under this section may be given by posting the statement in a properly closed and prepaid envelope addressed to the person demanding it.

74. —(1) Section 1 of the Assurance Companies Act, 1909, as adapted by or under subsequent enactments, shall have effect as if after paragraph (e) thereof the following paragraph were added:

“(f) mechanically propelled vehicle insurance business, that is to say, the business of effecting contracts of insurance against loss of or damage to or arising out of or in connection with the use of mechanically propelled vehicles, including third party risks.”

(2) Where an assurance company or syndicate within the meaning of section 3 of the Insurance Act, 1936 , carries on mechanically propelled vehicle insurance business within the meaning of that section, the Assurance Companies Act, 1909, as adapted by or under subsequent enactments, shall apply with respect to that business, subject to the following modifications:

(a) sections 5 and 6 of the said Act shall not apply to the company or syndicate;

(b) the company or syndicate shall annually prepare a statement of its mechanically propelled vehicle insurance business in such form as shall from time to time be directed by the Minister for Industry and Commerce and the statement shall be printed, signed and deposited with that Minister in accordance with section 7 of the said Act and that section shall apply accordingly;

(c) paragraphs (d), (e), (f) and (g) of section 32 of the said Act shall apply to the company or syndicate as if those paragraphs were here set out with the substitution of the expression “mechanically propelled vehicle insurance business” for the expression “accident insurance business” wherever that expression occurs in those paragraphs.

75. —(1) The Minister may make regulations for all or any of the following purposes:

(a) the issue of certificates of insurance, certificates of guarantee and certificates of exemption;

(b) the issue of copies of, or new certificates in lieu of, any such certificates which are lost or destroyed and the maximum charges that may be made on such issues;

(c) the cancellation and surrender of such certificates;

(d) requiring vehicle insurers to keep records of all approved policies of insurance and approved guarantees issued by them;

(e) requiring vehicle guarantors to keep records of all approved guarantees issued by them;

(f) requiring exempted persons to keep records of all certificates of exemption issued by them;

(g) specifying the matters to be recorded in the records;

(h) enabling the records to be inspected by members of the Garda Síochána and officers of the Minister;

(i) requiring vehicle insurers to furnish to members of the Garda Síochána and officers of the Minister information in relation to approved policies of insurance and approved guarantees issued by such insurers;

(j) requiring vehicle guarantors to furnish to members of the Garda Síochána and officers of the Minister information in relation to approved guarantees issued by such guarantors.

(2) A person who contravenes a regulation under this section which is declared to be a penal regulation shall be guilty of an offence.

76. —(1) Where a person (in this section referred to as the claimant) claims to be entitled to recover from the owner of a mechanically propelled vehicle or from a person (other than the owner) using a mechanically propelled vehicle (in this section referred to as the user), or has in any court of justice (in proceedings of which the vehicle insurer or vehicle guarantor hereinafter mentioned had prior notification) recovered judgment against the owner or user for, a sum (whether liquidated or unliquidated) against the liability for which the owner or user is insured by an approved policy of insurance or the payment of which by the owner or user is guaranteed by an approved guarantee, the claimant may serve by registered post, on the vehicle insurer by whom the policy was issued, or on the vehicle insurer or the vehicle guarantor by whom the guarantee was issued, a notice in writing of the claim or judgment for the sum, and upon the service of the notice such of the following provisions as are applicable shall, subject to subsection (2) of this section, have effect:

(a) the insurer shall not after service of the notice pay to the owner or user in respect of the sum any greater amount than the amount (if any) which the owner or user has actually paid to the claimant in respect of the sum;

(b) where the claimant has so recovered judgment for the sum, or after service of the notice so recovers judgment for the sum or any part thereof, the insurer or guarantor shall pay to the claimant so much of the moneys (whether damages or costs) for which judgment was or is so recovered as the insurer or guarantor has insured or guaranteed and is not otherwise paid to the claimant, and the payment shall, as against the insured or principal debtor, be a valid payment under the policy or guarantee;

(c) where the claimant has so recovered judgment for the sum, or after service of the notice so recovers judgment for the sum or any part thereof, and has not recovered from the owner or user or such insurer or guarantor the whole amount of the judgment, the claimant may apply to the court in which he recovered the judgment for leave to execute the judgment against the insurer or guarantor, and thereupon the court may, if it thinks proper, grant the application either in respect of the whole amount of the judgment or in respect of any specified part of that amount;

(d) where the claimant has not so recovered judgment for the sum, the claimant may apply to any court of competent jurisdiction in which he might institute proceedings for the recovery of the sum from the owner or user for leave to institute and prosecute those proceedings against the insurer or guarantor (as the case may be) in lieu of the owner or user, and the court, if satisfied that the owner or user is not in the State, or cannot be found or cannot be served with the process of the court, or that it is for any other reason just and equitable that the application should be granted, may grant the application, and thereupon the claimant shall be entitled to institute and prosecute those proceedings against the insurer or guarantor, and to recover therein from the insurer or guarantor any sum which he would be entitled to recover from the owner or user and the payment of which the insurer or guarantor has insured or guaranteed;

(e) the insurer or guarantor shall not, as a ground for refusing payment of moneys to the claimant or as a defence to proceedings by the claimant, rely on or plead any invalidity of the policy or guarantee arising from any fraud or any misrepresentation or false statement (whether fraudulent or innocent) to which the claimant was not a party or privy and which, if constituting a misdemeanour under this Part of this Act, was not the subject of a prosecution and conviction under the relevant section of this Act.

(2) Where, in respect of any one act of negligence or any one series of acts of negligence collectively constituting one event, there are two or more claimants and the total of the sums claimed for damages for injury to property or for which judgment has been recovered for damages for such injury exceeds the sum which the insurer or guarantor has insured or guaranteed, the liability, as regards each claimant, of the insurer or guarantor in relation to such damages shall be reduced to the appropriate proportionate part of the sum insured or guaranteed.

(3) Subsections (1) and (2) of this section apply only to claims against the liability for which an approved policy of insurance or an approved guarantee is required by this Act to be effected.

(4) Where a person (hereinafter referred to as the insured) who has effected an approved policy of insurance, if an individual, becomes bankrupt or insolvent or dies or, if a corporate body is wound up or, if a partnership or other unincorporated association, is dissolved, moneys payable to the insured under the policy shall be applicable only to discharging in full all valid claims by third parties against the insured in respect of which those moneys are payable, and no part of those moneys shall be assets of the insured or applicable to the payment of the debts (other than those claims) of the insured in the bankruptcy or insolvency or in the administration of the estate of the insured or in the winding-up or dissolution, and no such claim shall be provable in the bankruptcy, insolvency, administration, winding-up or dissolution.

(5) A reference in this section to the owner or user of a mechanically propelled vehicle shall, where the context so admits, be construed as including a reference to his personal representative.

77. —(1) In this section “deposit” means a deposit under section 61 of this Act.

(2) Where a person has recovered judgment in any court against the depositor of a deposit for a sum to which this section applies, the High Court may, on the application of that person and if satisfied that the depositor has no goods which can be taken in execution to satisfy the judgment, order the amount of the judgment, together with the costs of the order, the application therefor and the proceedings thereunder, to be paid by the Accountant of the Courts of Justice out of the deposit.

(3) Where the amount of a judgment is paid under this section out of a deposit, the depositor may deposit with the Accountant of the Courts of Justice a sum equal to the sum paid out, and until he does so, he, shall be deemed not to comply with the provisions of this Part of this Act relating to the making of deposits.

(4) Where the depositor of a deposit, if an individual, becomes bankrupt or insolvent or dies or, if a corporate body, is wound up or, if a partnership or other unincorporated association, is dissolved, the deposit shall be applied, firstly, in payment of liabilities for sums to which this section applies and, secondly, as general assets.

(5) Where the High Court is satisfied, on the application of the depositor of a deposit or a person claiming through or under him and after notice to the Minister for Industry and Commerce and after such publication of advertisements as the High Court directs, that the deposit should be paid out to the applicant, the High Court may order it to be so paid out either unconditionally or subject to conditions.

(6) Each of the following sums shall, for the purposes of the foregoing subsections of this section, be a sum to which this section applies:

(a) a sum against the liability for which the depositor of a deposit, being a vehicle guarantor, is guarantor under an approved guarantee,

(b) a sum against the liability for which the depositor of a deposit, being a vehicle guarantor or an exempted person, would, if he were not such depositor, have been required by this Act to have effected an approved policy of insurance or an approved guarantee.

78. —(1) A person shall not carry on mechanically propelled vehicle insurance business within the meaning of section 3 of the Insurance Act, 1936 , unless—

(a) he is a member of the Bureau, or

(b) there is in force an undertaking by him in terms approved of by the Minister that he will deal with third-party claims in respect of mechanically propelled vehicles insured by him on terms similar to those standing agreed from time to time between the Minister and the Bureau in respect of the Bureau.

(2) A person shall not act as a vehicle guarantor unless—

(a) he is a member of the Bureau, or

(b) there is in force an undertaking by him in terms approved of by the Minister that he will deal with third-party claims in respect of mechanically propelled vehicles guaranteed by him on terms similar to those standing agreed from time to time between the Minister and the Bureau in respect of the Bureau.

(3) A person shall not be an exempted person unless there is in force an undertaking by him in terms approved of by the Minister that he will deal with third-party claims in respect of mechanically propelled vehicles owned by him on terms similar to those standing agreed from time to time between the Minister and the Bureau in respect of the Bureau.

(4) The provisions of this section shall have effect notwithstanding any other provision of this or any other Act.

(5) In this section “the Bureau” means the Motor Insurers' Bureau of Ireland.

79. —Pedestrian-controlled vehicles which are specified for the purposes of this section by the Minister by regulations and which comply with the conditions stated in the regulations are hereby excepted from this Part of this Act.

80. —The Minister may make regulations for the purpose of facilitating compliance with this Part of this Act by persons who ordinarily reside outside the State, and the regulations may modify in respect of those persons all or any of the provisions of this Part of this Act, but not so as substantially to exempt any person from the obligations imposed by this Part of this Act.

81. —(1) A deposit under section 61 of the repealed Act existing at the commencement of this subsection shall be deemed to be a deposit under section 61 of this Act.

(2) A certificate under subsection (1) of section 68 of the repealed Act in force at the commencement of this subsection shall be deemed to be a certificate under subsection (1) of section 66 of this Act.

(3) A certificate under subsection (2) of section 68 of the repealed Act in force at the commencement of this subsection shall be deemed to be a certificate under subsection (2) of section 66 of this Act.

(4) A certificate under section 70 of the repealed Act in force at the commencement of this subsection shall be deemed to be a certificate under section 68 of this Act.