DPP v Leipina [2011] IESC 3 (02 February 2011)

DPP v Leipina [2011] IESC 3 (02 February 2011)

A Green Card issued by a Latvian insurer does not constitute an approved policy of insurance for an Irish-registered vehicle under Irish law, as the insurer was not a member of the Motor Insurers Bureau of Ireland and the Green Card system does not apply to vehicles within their country of registration.

Citation
[2011] IESC 3
Parties
Prosecutor: Director of Public Prosecutions; Accused: Gunita Leipina; Accused: Dzinters Suhanovs
Jurisdiction
Ireland
Judgment Date
02 February 2011
Procedural Posture
Case Stated (criminal Appeal) / Supreme Court Judgment on Consultative Case Stated From Circuit Court
Outcome
Appeal dismissed; questions answered in the negative
Legal Topics
Compulsory Motor Insurance, Green Card System, Recognition of Foreign Insurance Policies, Interpretation of Road Traffic Act 1961, EU Insurance Directives
Criminal Law Road Traffic Law Insurance Law Compulsory Motor Insurance Green Card System Recognition of Foreign Insurance Policies Interpretation of Road Traffic Act 1961 EU Insurance Directives

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Parties

Director of Public Prosecutions

Prosecutor

Gunita Leipina

Accused

Dzinters Suhanovs

Accused

Procedural Posture

Case Stated (criminal Appeal) / Supreme Court Judgment on Consultative Case Stated From Circuit Court

Legal Issues

  1. 1 Whether a Green Card issued by a Latvian insurer covers an Irish-registered vehicle for use in Ireland under Irish law
  2. 2 Whether a Green Card can be a defence to a charge of using an uninsured vehicle in Ireland

Ratio Decidendi

A Green Card issued by a Latvian insurer does not constitute an approved policy of insurance for an Irish-registered vehicle under Irish law, as the insurer was not a member of the Motor Insurers Bureau of Ireland and the Green Card system does not apply to vehicles within their country of registration.

Court Disposition

Appeal dismissed; questions answered in the negative

Orders

  • Questions 1 and 2 in the case stated answered in the negative: the Green Card does not cover the vehicle for use in Ireland and is not a defence to the charge.