Irreconcilable differences? The Road Traffic Act and the European Motor Vehicle Insurance Directives

The UK has a chequered past in relation to its compliance with EU law. In some instances, it has gone beyond the minimum requirements imposed by its EU parent in providing protection for individuals (see for instance the UK’s implementation of Art. 9 of the Motor Vehicle Insurance Directive 2009/103/EC). Regrettably, however, there is a greater number of examples where the UK has failed in its transposition obligations. One area where a significant disconnect exists between national and EU law is third party motor vehicle insurance. This is perhaps justifiable in some instances given the evolution of the domestic and EU laws, their original incarnation compared with modern requirements, and the effects of judicial interpretation and the creativity of the Court of Justice of the European Union. However, other inconsistencies are less easy to accept. There are an increasing number of errors in interpretation, historic and contemporary, which necessitate a comprehensive review of the national law, a policy review of the state’s abrogation of its responsibilities to the victims of uninsured and untraced drivers, and corrective action to prevent liability being imposed on the UK.