Road Traffic Act 1988, section 154

Duty to give information as to insurance ... where claim made

Part VI Third-Party Liabilities

(1)A person against whom a claim is made in respect of any such liability as is required to be covered by a policy of insurance under section 145 of this Act must, on demand by or on behalf of the person making the claim—

(a)state whether or not, in respect of that liability—

(i)F1080he was insured by a policy having effect for the purposes of this Part of this Act ... , or

[F1081 (ii)he would have been so insured if the insurer had not avoided or cancelled the policy, andF1081]

(b)F1082if he was or would have been so insured ... —

(i)F1083,F1083,F1084give such particulars with respect to that policy ... as were specified in any certificate of insurance ... delivered in respect of that policy ... under section 147 of this Act, or

(ii)where no such certificate was delivered under that section, give the following particulars, that is to say, the registration mark or other identifying particulars of the vehicle concerned, the number or other identifying particulars of the insurance policy issued in respect of the vehicle, the name of the insurer and the period of the insurance cover.

(2)If without reasonable excuse, a person fails to comply with the provisions of subsection (1) above, or wilfully makes a false statement in reply to any such demand as is referred to in that subsection, he is guilty of an offence.

Definitions used in section 154 2

policy of insurance

“policy of insurance” includes a covering note,

Defined in s.161(1) · see it in the full Act
certificate of insurance

(1) An insurer issuing a policy of insurance for the purposes of this Part of this Act must deliver to the person by whom the policy is effected a certificate (in this Part of this Act referred to as a “certificate of insurance”) in the prescribed form and containing such particulars of any conditions subject to which the policy is issued and of any other matters as may be prescribed.

Defined in s.147(1) · see it in the full Act

Cases considering section 154 3

R & S Pilling t/a Phoenix Engineering v UK Insurance Ltd

[2019] UKSC 16 · 27 March 2019

The particulars specified in the certificate must be provided to a claimant, illustrating the certificate’s evidential function. (see para [29])

ERS Syndicate 218 at Lloyds v Motorshifter Limited (in liquidation) & Anor.

[2023] EWHC 342 (Comm) · 22 February 2023

Refers to the certificate’s evidential function in requiring policy particulars to be supplied, supporting the distinction between the policy and certificate. (see paras [59]-[61])

AXA Insurance UK Plc v Norwich Union Insurance Ltd.

[2007] EWHC 1046 (Comm) · 14 May 2007

Confirms that the motor insurance regime provides for insurance details to be supplied on demand, satisfying the relevant identity-information requirement under article 5 of the Third Directive. (see para [41])

What each judgment says about section 154 is in the case-law panel in the full Act.

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F1079Words in s. 154 heading omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 17(2) (with reg. 5)
  2. F1080Words in s. 154(1)(a)(i) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 17(3)(a)(i) (with reg. 5)
  3. F1081S. 154(1)(a)(ii) substituted (1.11.2019) by The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 17(3)(a)(ii) (with reg. 5)
  4. F1082Words in s. 154(1)(b) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 17(3)(b)(i) (with reg. 5)
  5. F1083Words in s. 154(1)(b)(i) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 17(3), (b)(ii)(aa) (with reg. 5)
  6. F1084Words in s. 154(1)(b)(i) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 17(3)(b)(ii)(bb) (with reg. 5)

Modifications

  1. C179S. 154 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)