§ 39. Mr. John Hallasked the Minister of Transport and Civil Aviation which categories of persons are not covered by 1244 compulsory third-party insurance to motor-car drivers.
§ Mr. NugentBroadly speaking, under section 36 of the Road Traffic Act, 1930, third-party insurance is not compulsory in respect of persons in the employ of the owner or other user of a motor vehicle, or, with certain statutory exceptions, private passengers.
§ Mr. HallIs my hon. Friend aware that this would seem to indicate that there is a gap in the existing legislation? Is it not a fact that passengers who are riding in a car, the driver of which is involved in an accident and held to be responsible, have no rights under third-party insurance and may, therefore, not be able to get compensation for injury? Should not that fact be made more widely known or an attempt made to cover it by legislation?
§ Mr. NugentI think it is generally known. Consideration has been given as to whether or no that extension should be made, but the thought behind the present situation is that the passenger knowingly takes the risk of travelling in the car with the driver, whereas in the case of the individual who is injured on the road by a car driven into him it is fortuitous.