Regulation 7 Insertion of Schedule 3A

After Schedule 3 (issue of new registration document) insert—

“SCHEDULE 3A

ISSUE OF NEW REGISTRATION DOCUMENT FROM 26th OCTOBER 2015

Regulation 15A(5)

Duty of the insurer

1.

(1)

If an insurer determines that the relevant vehicle for which it provides a policy of insurance has sustained damage such that the repair costs including value added tax exceed the pre-accident value of that vehicle—

(a)

that insurer must notify the Secretary of State whether the relevant vehicle is suitable for repair or not as the case may be; and

(b)

unless that insurer is also the keeper of the relevant vehicle, the insurer must notify the keeper of that vehicle—

(i)

that the vehicle repair costs including value added tax exceed the pre-accident value of that vehicle, and

(ii)

if the vehicle is suitable for repair or not as the case may be.

(2)

Following notification in accordance with paragraph (1)(a) the insurer must destroy the registration document if this is in its possession.

Duty of the keeper

2.

(1)

Where a keeper of a fleet is the keeper of a relevant vehicle that is not insured with an insurer and the pre-accident value of the vehicle is less that the cost of repairing it, that keeper must—

(a)

notify the Secretary of State if—

(i)

the vehicle has sustained damage, and

(ii)

the vehicle is suitable for repair; and

(b)

destroy the registration document for that vehicle.

(2)

Where the keeper of a relevant vehicle receives a notification from an insurer in accordance with paragraph 1(1)(b), that keeper must forthwith surrender the registration document for that vehicle to the Secretary of State unless that document is held by the insurer.

Application for a new registration document

3.

The keeper of a relevant vehicle may apply for a new registration document for that vehicle if—

(a)

an insurer has determined that the relevant vehicle is suitable for repair; or

(b)

the application is made by the keeper of a fleet who has notified the Secretary of State in accordance with paragraph 2(1)(a) that the relevant vehicle is suitable for repair.

Duty of the Secretary of State

4.

Where the keeper of a vehicle applies for a new registration document under paragraph 3, that keeper may be required to provide in relation to the vehicle such other evidence as the Secretary of State may specify.

Determination by the Secretary of State

5.

The Secretary of State must issue a new registration document or notify the applicant if a new registration document is not issued after considering any notification given by the insurer under paragraph 1(1)(a) or a keeper of a fleet under paragraph 2(1)(a)(ii) as to whether the vehicle is suitable for repair.

Registration document

6.

Where the Secretary of State is satisfied that a new registration document may be issued for the relevant vehicle, the Secretary of State must issue a new registration document.”