S.I. No. 416/2026 - European Union (Motor Insurance) (Amendment) Regulations 2026

Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 14th August, 2026.

I, DARRAGH O’BRIEN, Minister for Transport, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972) and for the purpose of giving effect to Articles 1(1) and 16 of Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009¹ , as amended by Directive (EU) 2021/2118 of the European Parliament and of the Council of 24 November 2021² , hereby make the following regulations:

Citation

1.

Amendment of section 62(1) of Road Traffic Act 1961

2.

• (a) in paragraph (b), by the substitution of “vehicle” for “mechanically propelled vehicle”, and

• (b) in paragraph (cc), by the substitution of “vehicles” for “mechanically propelled vehicles”.

Amendment of European Communities (Motor Insurance) Regulations 2010

3.

• (a) by the substitution of the following Regulation for Regulation 2:

“2. (1) In these Regulations –

‘claims-history statement’, unless the context otherwise requires, has the meaning assigned to it by Regulation 4(1);

‘motor insurance policy’ means an approved policy of insurance (within the meaning of section 62 of the Principal Act);

‘policyholder’ means a holder of a motor insurance policy;

‘Principal Act’ means the Road Traffic Act 1961 (No. 24 of 1961);

‘vehicle insurer’, in relation to a motor insurance policy, has the same meaning as it has in section 58 of the Principal Act.

• (2) A word or expression that is used in these Regulations and is also used in Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009¹ , as amended by Directive (EU) 2021/2118 of the European Parliament and of the Council of 24 November 2021² , has, unless the context otherwise requires, the same meaning in these Regulations as it has in that Directive.”,

• (b) by the substitution of the following Regulation for Regulation 4:

“4. (1) A policyholder may, at any time, request the vehicle insurer concerned to issue the policyholder with a statement (in this regulation referred to as a ‘claims-history statement’) relating to third party liability claims involving the vehicle or vehicles covered by the motor insurance policy concerned during the preceding 5 years of the contractual relationship between the policyholder and the vehicle insurer.

• (2) The vehicle insurer shall issue the policyholder with a claims-history statement (including, where applicable, a statement indicating the absence of any claims referred to in paragraph (1)), in accordance with Article 1 of Commission Implementing Regulation (EU) 2024/1855 of 3 July 2024³ , not more than 15 days after the making of the request referred to in paragraph (1).

• (3) A vehicle insurer shall not, when taking account of claims-history statements issued by other insurance undertakings or bodies appointed by a Member State to provide compulsory insurance or to supply such statements, treat a policyholder in a discriminatory manner or surcharge the policyholder’s premium because of the policyholder’s nationality or solely on the basis of the policyholder’s previous Member State of residence.

• (4) When determining a premium, a vehicle insurer shall treat a claims-history statement issued in a Member State other than the State as equal to a claims-history statement issued by a vehicle insurer within the State, including when applying a discount to that premium.

• (5) A vehicle insurer shall prepare and publish on its website a general overview of its policies in respect of its use of claims-history statements when calculating premiums for motor insurance policies.”, and

• (c) by the insertion of the following Regulation after Regulation 4:

“4A. (1) A vehicle insurer shall be guilty of an offence where the vehicle insurer –

• (a) knowingly or recklessly provides information in a claims-history statement issued under Regulation 4(2) that is false or misleading in a material respect, or

• (b) otherwise fails to comply with an obligation imposed under paragraph (2), (3), (4) or (5) of Regulation 4.

• (2) A vehicle insurer who is guilty of an offence under paragraph (1) shall be liable –

  • (a) on summary conviction, to a fine not exceeding a class A fine or to imprisonment for a term not exceeding 6 months, or to both, or

  • (b) on conviction on indictment, to a fine not exceeding €10,000 or to imprisonment for a term not exceeding 2 years, or to both.

• (3) Summary proceedings for an offence under paragraph (1) may be brought and prosecuted by the Central Bank of Ireland.

• (4) Where an offence under paragraph (1) is committed by a body corporate and is proven to have been so committed with the consent, connivance or approval of, or to have been attributable to the wilful neglect on the part of, any person, being a director, manager, secretary or other officer of the body corporate, or a person who was purporting to act in any such capacity, that person, as well as the body corporate, shall be guilty of an offence and shall be liable to be proceeded against and punished as if he or she was guilty of the first-mentioned offence.”.

GIVEN under my Official Seal,

12 August, 2026.

DARRAGH O’BRIEN,

Minister for Transport.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation.)

These Regulations give further effect to Articles 1(1) and 16 of Directive (EU) 2021/2118 of the European Parliament and of the Council of 24 November 2021, amending Directive 2009/103/EC relating to insurance against civil liability in respect of the use of motor vehicles and the enforcement of the obligation to insure against such liability.

Footnotes