Written answers

Tuesday, 9 May 2017

Photo of Dara CallearyDara Calleary (Mayo, Fianna Fail)
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154. To ask the Minister for Finance if his attention has been drawn to the fact that insurance companies are not accepting National Car Test, NCT, certificates as proof of road worthiness in claims cases; his views on whether it is unfair and unjust to expect persons to employ the services of mechanical engineers to prove road worthiness in such cases; his further views on whether the stance of insurance companies erodes the authority and reputation of the NCT; and if he will make a statement on the matter. [21717/17]

Photo of Michael NoonanMichael Noonan (Limerick City, Fine Gael)
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As Minister for Finance, I am responsible for the development of the legal framework governing financial regulation.  Neither I nor the Central Bank of Ireland can interfere in the provision or pricing of insurance products, as these matters are of a commercial nature, and are determined by insurance companies based on an assessment of the risks they are willing to accept.  This position is reinforced by the EU framework for insurance which expressly prohibits Member States from adopting rules which require insurance companies to obtain prior approval of the pricing or terms and conditions of insurance products. 

Policy in relation to the NCT lies with the Minister for Transport, Tourism and Sport.  The NCT was introduced to comply with an EU Roadworthiness Testing Directive aimed at improving road safety and environmental protection.  The NCT is an inspection or general "health check" of what is visible and accessible on the day of the test and includes a check of the roadworthiness of such safety features, amongst others, as lighting, brakes and tyres. It goes beyond the current Directive's requirements in many areas and the Department of Transport, Tourism and Sport is of the view that the Irish system is one of the best roadworthiness testing regimes in the EU. 

The NCT however does not replace or purport to replace the regular maintenance of a vehicle by a qualified mechanic and does not convey a warranty or guarantee of future reliability.  While the NCT is one component of having safer vehicles on our roads, every vehicle owner also has a personal and legal responsibility to ensure that their vehicles are roadworthy and well maintained.  

In terms of the assessment of individual insurance claims by vehicle insurers, this is a matter between the insurance companies concerned and their clients.  I understand however from Insurance Ireland that further investigations of roadworthiness may be warranted in some cases particularly when a claim occurs a certain length of time after the NCT has taken place. 

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