{
  "url": "https://openlegislation.uk/eu-directive-2009-103/article-5",
  "json_url": "https://openlegislation.uk/eu-directive-2009-103/article-5.json",
  "legislation": "eudr/2009/103",
  "legislation_title": "Directive 2009/103/EC of the European Parliament and of the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability (codified version) (Text with EEA relevance)",
  "legislation_url": "https://openlegislation.uk/eu-directive-2009-103",
  "path": "article/5",
  "kind": "article",
  "number": "5",
  "heading": "Derogation from the obligation in respect of compulsory insurance of vehicles",
  "text": "1. A Member State may derogate from Article 3 in respect of certain natural or legal persons, public or private; a list of such persons shall be drawn up by the State concerned and communicated to the other Member States and to the Commission.\nA Member State so derogating shall take the appropriate measures to ensure that compensation is paid in respect of any loss or injury caused in its territory and in the territory of other Member States by vehicles belonging to such persons.\nIt shall in particular designate an authority or body in the country where the loss or injury occurs responsible for compensating injured parties in accordance with the laws of that State in cases where Article 2(a) is not applicable.\nIt shall communicate to the Commission the list of persons exempt from compulsory insurance and the authorities or bodies responsible for compensation.\nThe Commission shall publish that list.\n2. A Member State may derogate from Article 3 in respect of certain types of vehicle or certain vehicles having a special plate; the list of such types or of such vehicles shall be drawn up by the State concerned and communicated to the other Member States and to the Commission.\nAny Member State so derogating shall ensure that vehicles referred to in the first subparagraph are treated in the same way as vehicles for which the insurance obligation provided for in Article 3 has not been satisfied.\nThe guarantee fund of the Member State in which the accident has taken place shall then have a claim against the guarantee fund in the Member State where the vehicle is normally based.\nFrom 11 June 2010 Member States shall report to the Commission on the implementation and practical application of this paragraph.\nThe Commission, after examining those reports, shall, if appropriate, submit proposals for the replacement or repeal of this derogation.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudr/2009/103/article/5",
    "retrieved_at": "2026-11-01T15:22:07.659451+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}