1. Definition of Motor Vehicle
Matthew Channon
PhD Candidate in Motor Insurance, University of Exeter, UK.

2. Definition in 6th Motor Insurance Directive
‘vehicle’ means any motor vehicle intended for travel on land
propelled by mechanical power,
but not running on rails, and any trailer, whether or not coupled;

3. Difficulties with the Directive Definition
Does not examine ‘use’ of the vehicle
Does not define ‘land’ i.e. public or private?
Differences in languages, ‘use of vehicles’ in English version, ‘Circulation’ used in French version , slightly different meanings

4. Damijan Vnuk v Zavarovalnica Triglav C-162/13
Facts: Tractor and trailer in Slovenia crashes into ladder on a private farm.
ECJ:
Compulsory insurance covers for any vehicle
As long as its use is consistent with the normal function of the vehicle
Also covers Private Land

5. Vehicles Which Require Coverage
vehicles that travel on the road (eg motability scooters,electric bicycles).
Vehicles not designed for road use (motor sports vehicles, golf buggies, lawnmowers).
Vehicles which are no longer on the road (museum exhibits etc)
Specialist trade vehicles (construction plant, fork lifts, agricultural ).
- Any vehicle which is not mechanically propelled
-Which is being used in a way which is not its normal function
Vehicles Which Require Coverage

6. Major Update from EU Commission 08/06/2016
Huge announcement from Commission in an impact assessment of Vnuk
It is very likely that there will be some change
‘Traffic’ is an option they are considering
Also ‘areas where the public has access in accordance with national law’ is being discussed rather than private land
Also ‘autonomous vehicles’ are considered as Motor Vehicles according to the Commission

7. Finland The Netherlands Denmark
It is important to note that under Art 5 (2) of Consolidated Directive, MS can derogate, for example:
Derogation
Finland
Trailer for Tractor or Motor Cycle
A vehicle intended to be driven by children
The Netherlands
Power assisted bike (ELO Bike)
Denmark
Vehicles which belong to the State
Vehicles which belong to municipalities.

8. Definition in the UK Section 185 Road Traffic Act 1988:
“a mechanically propelled vehicle intended or adapted for use on roads”
Can include:
‘Disability Scooter’ (Croitoru v CPS)
‘Trials bike’ (Smith v McCracken)
Use on a ‘Road’ or ‘other public place’- Therefore not private land

9. -Motor Cars UK and EU Comparison Both public and private land
All vehicles provided use is consistent with normal function
Both public and private land
UK and EU Comparison
-Motor Cars
-Motor Cycles
-Lorries
-Buses (Public Transport)
Only ‘Roads’ and other public places

10. UK Breach of EU Law ? Vnuk is unpopular amongst many in the UK
“This is clearly a bonkers ruling” Dailymail
Currently clear breach of EU Law by the UK
UK Insurance v Holden : “all I can do is to say that in my judgment …(UK Law) is incompatible with Article 3 (1) of the Third Directive as interpreted by the ECJ in Vnuk ”
Although this may be of limited relevance in UK on 24 June 2016 if the UK votes to leave the EU

11. Has the ECJ in Vnuk gone too far?
Questions to Consider
Has the ECJ in Vnuk gone too far?
Should we have a clear new 7th Directive or amend the existing one to make the law clearer?

12. Thankyou