DPP -v- Donnelly [2012] IESC 44 (23 July 2012)

DPP -v- Donnelly [2012] IESC 44 (23 July 2012)

The term 'vehicle insurer' in s.56(1) of the Road Traffic Act 1961 refers only to direct legal liability of the insurer, such as when the insurer owns the vehicle, not to indemnity under a policy for non-named drivers. Therefore, the insurer was not liable for injury caused by the appellant's negligent use, and the offence of driving without insurance was committed.

Citation
[2012] IESC 44
Parties
Prosecutor: Director of Public Prosecutions; Accused: Keith Donnelly
Jurisdiction
Ireland
Judgment Date
23 July 2012
Procedural Posture
Case Stated (criminal Appeal) / Supreme Court Appeal From Circuit Court on a Case Stated
Outcome
Appeal dismissed; first question answered 'No'; second question does not arise.
Legal Topics
Driving Without Insurance, Interpretation of Penal Statutes, Third Party Liability Under Motor Insurance, European Union Motor Insurance Directives
Criminal Law Insurance Law Road Traffic Law Driving Without Insurance Interpretation of Penal Statutes Third Party Liability Under Motor Insurance European Union Motor Insurance Directives

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Parties

Director of Public Prosecutions

Prosecutor

Keith Donnelly

Accused

Procedural Posture

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

Legal Issues

  1. 1 Whether 'vehicle insurer' in s.56(1) of the Road Traffic Act 1961 includes liability to third parties where the driver is not a named insured
  2. 2 Whether EU Motor Insurance Directives preclude insurers from relying on named driver limitations in criminal prosecutions for driving without insurance

Ratio Decidendi

The term 'vehicle insurer' in s.56(1) of the Road Traffic Act 1961 refers only to direct legal liability of the insurer, such as when the insurer owns the vehicle, not to indemnity under a policy for non-named drivers. Therefore, the insurer was not liable for injury caused by the appellant's negligent use, and the offence of driving without insurance was committed.

Court Disposition

Appeal dismissed; first question answered 'No'; second question does not arise.

Orders

  • The answer to the first question is 'No'.
  • The second question does not arise.