Road Traffic Act 1988, section 95

Notification of refusal of insurance on grounds of health

Part III Licensing of drivers of vehicles

(1)If an authorised insurer refuses to issue to any person such a policy of insurance as complies with the requirements of Part VI of this Act on the ground that the state of health of that person is not satisfactory, or on grounds which include that ground, the insurer shall as soon as practicable notify the Secretary of State of that refusal and of the full name, address, sex and date of birth of that person as disclosed by him to the insurer.

[F491 (2) “Authorised insurer” means an insurer who is a member of the Motor Insurers Bureau (a company limited by guarantee and incorporated under the Companies Act 1929 on 14th June 1946).

(3) “Insurer” means—

(a)a person who has permission under [F492 Part 4AF492] of the Financial Services and Markets Act 2000 to effect or carry out relevant contracts of insurance, F493...

F493(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(4)A contract is a relevant contract of insurance if the risk insured against relates to—

(a)the insured sustaining accidental injury or death as a result of travelling as a passenger;

(b)land vehicles;

(c)goods in transit; or

(d)motor vehicle liability.

(5)This section must be read with—

(a)section 22 of the Financial Services and Markets Act 2000;

(b)any order for the time being in force under that section; and

(c)Schedule 2 to that Act.F491]

Definitions used in section 95 2

goods

“goods” includes goods or burden of any description,

Defined in s.192(1) · see it in the full Act
motor vehicle

“motor vehicle” means, subject to section 20 of the Chronically Sick and Disabled Persons Act 1970 (which makes special provision about invalid carriages, within the meaning of that Act), a mechanically propelled vehicle intended or adapted for use on roads, and

Defined in s.185(1) · see it in the full Act

Cases considering section 95 6

Motor Insurers' Bureau v Lewis

[2019] EWCA Civ 909 · 5 June 2019Defines

By defining an authorised insurer as an MIB member, the provision was part of the statutory compulsory-membership and funding mechanism. The court treated that mechanism as a special power beyond ordinary private-law relations. (see paras [36]; [74])

Cameron v Liverpool Victoria Insurance Co Ltd

[2019] UKSC 6 · 20 February 2019Defines

Together with section 145(5), the subsection identifies an authorised insurer by reference to membership of the Motor Insurers’ Bureau (see para [4]).

Cameron v Hussain & Anor

[2017] EWCA Civ 366 · 23 May 2017Defines

The dissent referred to section 95(2) when describing an authorised insurer as a member of the MIB; the majority did not rely on that definition in deciding the appeal. (see para [108])

What each judgment says about section 95 is in the case-law panel in the full Act.

Amendments and notes

3 notes from legislation.gov.uk

Amendments

  1. F491S. 95(2)-(5) substituted (1.12.2001) for s. 95(2) by S.I. 2001/3649, arts. 1, 312
  2. F492Words in s. 95(3)(a) substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 60 (with Sch. 20); S.I. 2013/423, art. 3, Sch.
  3. F493S. 95(3)(b) and word omitted (31.12.2020) by virtue of The EEA Passport Rights (Amendment, etc., and Transitional Provisions) (EU Exit) Regulations 2018 (S.I. 2018/1149), reg. 1(3), Sch. para. 31 (with reg. 4); 2020 c. 1, Sch. 5 para. 1(1)