Nicholas Bevan takes a critical look at the government’s consultation on third party motor insurance
- The Department for Transport responds to European ruling in Vnuk from 2014.
- Different options considered for correcting longstanding infringements.
- No review of the wider long-standing infringements of EU law.
- Deadline for responses expires on 31 March 2017.
The Department for Transport (DfT) has published a 61-page technical consultation paper on bringing UK law closer into line with the European Motor Insurance Directive 2009/103/EC (the directive). This is the government’s belated first step in response to the Court of Justice of the European Union’s (CJEU) ruling in Damijan Vnuk v Zavarovalnica Triglav d.d. C-162/13, [2014] All ER (D) 121 (Sep) more than two years ago.
Vnuk refresher
Vnuk reaffirmed the strict and absolute nature of the third party motor insurance requirement prescribed by Art 3 of the directive. This contrasts sharply with the qualified and contingent nature of compulsory third party insurance under Pt VI of the Road Traffic Act 1988 (the 1988 Act) that is supposed to fully implement Art 3.
Vnuk featured
