scholarly journals The Compatibility of Motor Vehicle Insurance Law between the UK and EU

2020 ◽  
Author(s):  
◽  
Hasan Alissa
Keyword(s):  
Motor Vehicle ◽  
Road Traffic ◽  
Case Law ◽  
Third Party ◽  
Insurance Law ◽  
The Road ◽  
The Uk ◽  
Motor Vehicle Insurance ◽  
The Impact ◽  
The Eu

This thesis examines the EU and UK regulation in respect of motor insurance law, including the Motor Vehicle Insurance Directives (MVID), the Road Traffic Acts 1930 and 1988, the Uninsured Drivers’ Agreements and the Untraced Drivers’ Agreements. It provides a critical assessment of the compatibility of national laws with their EU source/parent laws – in both the substantive elements of the laws and the administrative and procedural rules under which they operate, and, given the significance of the UK’s withdrawal from the EU, the impact of Brexit is considered. The study will ably demonstrate the deficiencies in the UK’s transposition of the law and will argue, given the supporting case law and the underlying rationale for the development of the Directives – the free movement principles of people and goods, that an rationale can be presented that the offending aspects of the national law should be disapplied. It is this aspect of the work which is unique and offers a consistent and certain future for motor vehicle insurance law and the rights of third-party victims in the UK.

scholarly journals Resolving the Inconsistency Between National and EU Motor Insurance Law. Was Factortame the Solution Nobody Sought?

2021 ◽  
Vol 22 (1) ◽  
pp. 122-146
Author(s):  
James Marson ◽  
Hasan Alissa ◽  
Katy Ferris
Keyword(s):  
Motor Vehicle ◽  
Transitional Period ◽  
Third Party ◽  
Eu Law ◽  
Insurance Law ◽  
Enforcement Mechanisms ◽  
Free Movement Of Persons ◽  
The Uk ◽  
Motor Vehicle Insurance ◽  
The Eu

AbstractIn this Article, we argue that the uncertainty of UK national motor vehicle insurance law—when viewed with respect to its European Union (EU) parent, the Motor Vehicle Insurance Directive (MVID)—was never satisfactorily addressed, primarily when using the remedy available through the non-contractual liability of the State. The EU enforcement mechanisms were equally haphazard in their effectiveness and success in affording rights to third-party victims. Given the link between the MVID and the free movement of persons and goods, on which the harmonization of insurance protection was based, we present the first Article establishing an argument that those offending aspects of UK national law should have been disapplied. The UK has concluded its agreement to withdraw its membership of the EU—and thus no longer to be bound by EU law and the jurisprudence of the Court of Justice. Yet until the transitional period ends, the UK remained aligned to EU law and those defects present in national law should have been remedied. Therefore, the remedy issued from the Factortame line of case authorities may have proven to be the most effective way to grant access to rights which were denied to third-party victims in the UK. Here we present a justification for its application.

scholarly journals Improper Driver Action as a Cause of Road Accidents / Niewłaściwe Działania Kierowców Jako Przyczyna Powstawania Zdarzeń Drogowych

2012 ◽  
Vol 21 (1) ◽  
pp. 87-98
Author(s):  
Łukasz Muślewski
Keyword(s):  
Motor Vehicle ◽  
Road Traffic ◽  
Road Accident ◽  
Process Safety ◽  
Driving Experience ◽  
The Road ◽  
Human Driver ◽  
Proper Estimation ◽  
The Impact

Abstract Road traffic is inseparably connected with road accident. This is the human-driver whose role in the transportation process safety is of key importance. Driving a motor vehicle requires from the driver not only knowledge but also physical and psychical fitness. They need to have the ability of quick reaction, proper estimation of the road situation and doing maneuvers adequate to it. In this study, an assessment of the impact of improper behaviors of drivers on occurrence of road collisions and accidents, has been analyzed on the basis of literature analysis and the authors’ own research. In effect of the carried out tests there has been made a classification of the road events with a division into: cause, place, date, and time of their occurrence as well as drivers’ age and their driving experience. The whole study has been performed on the basis of a real transportation company, operating on the territory of an urban agglomeration with the population of 500 inhabitants.

scholarly journals Reducing isocyanate exposure and asthma risk in motor vehicle repair

2015 ◽  
Vol 8 (4) ◽  
pp. 272-283 ◽  
Author(s):  
Mark Piney ◽  
Diane Llewellyn ◽  
Rachel O'Hara ◽  
John Saunders ◽  
John Cocker ◽  
...  
Keyword(s):  
Occupational Asthma ◽  
Motor Vehicle ◽  
Small And Medium Enterprises ◽  
Health And Safety ◽  
Control Measures ◽  
Third Party ◽  
Exposure Control ◽  
Content Type ◽  
The Uk ◽  
The Impact

Purpose – Exposure to isocyanates was the leading cause of occupational asthma in the UK. Motor vehicle repair (MVR) bodyshop paint sprayers were at greatest risk, despite widespread use of air-fed breathing apparatus and ventilated booths. Most paint sprayers work in small and medium enterprises (SMEs). The purpose of the Health and Safety Executive (HSE) project, described in this paper, is to improve exposure control measures in at least 20 per cent of MVR bodyshops, and reduce the risk of occupational asthma. The paper aims to discuss this issue. Design/methodology/approach – A three-stranded plan consisted of: Safety and Health Awareness Days (SHADs); workplace inspections; and third-party stakeholder communications. The impact of various parts of the project were evaluated. Findings – Approximately 18 per cent of bodyshops in the UK attended one of 32 SHADs, following which over 90 per cent of delegates expressed an “intention to act” to improve exposure control measures. A local assessment showed that at least 50 per cent of bodyshops improved exposure control measures. An evaluation of 109 inspections found that enforcement action was taken at 40 per cent of visits. Third-party engagement produced a joint HSE-industry designed poster, new agreed guidance on spray booths and dissemination of SHAD material. Knowledge of booth clearance time has become widespread, and 85 per cent of booths now have pressure gauges. Biological monitoring data show that, post-SHAD, exposures were lower. Originality/value – A sustained national project using clear, relevant, tested messages delivered via different routes, had a sector-wide impact in bodyshops. It is probable that the project has improved isocyanate exposure control in at least 20 per cent of bodyshops. The generic lessons could be applied to other widespread SME businesses.

16. Vertical agreements

2018 ◽  
Author(s):  
Richard Whish ◽  
David Bailey
Keyword(s):  
Competition Policy ◽  
Motor Vehicle ◽  
Case Law ◽  
Vertical Restraints ◽  
Online Commerce ◽  
Distribution Chain ◽  
The Uk ◽  
Block Exemption ◽  
The Eu

This chapter examines the application of Article 101 TFEU and the Chapter I prohibition in the UK Competition Act 1998 to vertical agreements. The chapter begins by briefly describing the distribution chain, followed by sections on how the law applies to vertical integration and agency agreements. It discusses the competition policy considerations raised by vertical agreements, including the challenges presented by the emergence of online commerce. It explains the application of Article 101 to various vertical agreements while considering the case law of the EU Courts and the position of the Commission in its Guidelines on Vertical Restraints. The chapter goes on to discuss the provisions of Regulation 330/2010, the block exemption for vertical agreements; and the application of Article 101(3) to vertical agreements. The chapter then contains sections on Regulation 461/2010 on motor vehicle distribution and on sub-contracting agreements. Finally, it looks at the position in UK law.

13. EU citizenship

2020 ◽  
pp. 352-383
Author(s):  
Sylvia de Mars
Keyword(s):  
European Union ◽  
Case Law ◽  
Free Movement ◽  
The European Union ◽  
Citizenship Rights ◽  
Free Movement Of Persons ◽  
The Uk ◽  
The Impact ◽  
Constitutional Identity ◽  
The Eu

This chapter traces how the free movement of persons developed, culminating into a constitutional identity for EU nationals that extends rights to economically inactive free movers as well. EU citizenship was formally established in 1992, and can be used as a marker to separate two distinct eras of the Court of Justice of the European Union (CJEU) case law on free movement of persons. The chapter then considers the personal and material scope of EU citizenship, and looks at CJEU case law on the free movement of EU citizens between 1992 and 2004. It also assesses the impact of the Citizenship Directive in 2004, as well as the impact of Brexit on EU citizenship. The controversy surrounding the development of ‘citizenship rights’ is of particular interest given the Brexit referendum; limitless immigration from the EU was found to be one of the primary reasons why the UK voted to leave the EU.

The Interaction of Judicial and Legislative Policymaking

2018 ◽  
Author(s):  
Susanne K. Schmidt
Keyword(s):  
Mutual Recognition ◽  
Case Law ◽  
Legislative Process ◽  
European Legislation ◽  
Eu Legislation ◽  
Political Preferences ◽  
General Rules ◽  
Judicial Policymaking ◽  
The Impact ◽  
The Eu

Chapter 4 systematizes the different ways that judicial policymaking can have an impact on European legislation. Identifying the codification of case-law principles in secondary law contributes to research on the EU in two important ways: it shows how EU legislation is embedded in case-law development, and that the impact of case law cannot be reduced to the question of compliance with single rulings. A differentiation is made between several types of judicial ‘shadow’ over the legislative process. Then the Services Directive and the regulation on the mutual recognition of goods are analysed. The principles of case law that were motivated by the specific circumstances of individual cases constrain the design of general rules. Secondary law cannot modify constitutional principles. At best, the legislature can hope to signal its political preferences to the Court.

scholarly journals Extracting Road Traffic Volume in the City before and during covid-19 through Video Remote Sensing

2021 ◽  
Vol 13 (12) ◽  
pp. 2329
Author(s):  
Elżbieta Macioszek ◽  
Agata Kurek
Keyword(s):  
Travel Behavior ◽  
Traffic Management ◽  
Road Traffic ◽  
Traffic Volume ◽  
The Road ◽  
Traffic Characteristics ◽  
Annual Average Daily Traffic ◽  
On The Road ◽  
The Impact ◽  
The City

Continuous, automatic measurements of road traffic volume allow the obtaining of information on daily, weekly or seasonal fluctuations in road traffic volume. They are the basis for calculating the annual average daily traffic volume, obtaining information about the relevant traffic volume, or calculating indicators for converting traffic volume from short-term measurements to average daily traffic volume. The covid-19 pandemic has contributed to extensive social and economic anomalies worldwide. In addition to the health consequences, the impact on travel behavior on the transport network was also sudden, extensive, and unpredictable. Changes in the transport behavior resulted in different values of traffic volume on the road and street network than before. The article presents road traffic volume analysis in the city before and during the restrictions related to covid-19. Selected traffic characteristics were compared for 2019 and 2020. This analysis made it possible to characterize the daily, weekly and annual variability of traffic volume in 2019 and 2020. Moreover, the article attempts to estimate daily traffic patterns at particular stages of the pandemic. These types of patterns were also constructed for the weeks in 2019 corresponding to these stages of the pandemic. Daily traffic volume distributions in 2020 were compared with the corresponding ones in 2019. The obtained results may be useful in terms of planning operational and strategic activities in the field of traffic management in the city and management in subsequent stages of a pandemic or subsequent pandemics.

scholarly journals Social values and public procurement in health: can ‘smart’ procurement enhance justice in health?

2020 ◽  
Vol 30 (Supplement_5) ◽  
Author(s):  
V Mezeiova
Keyword(s):  
Case Law ◽  
Social Aspect ◽  
Health It ◽  
Health Governance ◽  
Ethics And Economics ◽  
Economics Of Health ◽  
Effectiveness And Efficiency ◽  
Health Justice ◽  
The Impact ◽  
The Eu

Abstract Governments spend 29% of total expenditure on procurement while the second largest area is health. However, the important question is what the impact of these expenditures on health is. Can one buy health justice through procurement? In order to answer this issue, the study firstly analyses theory of global health governance to substantiate whether procurement is a health governance tool whose efficiency and effectiveness determines health outcomes. Secondly, health as a social aspect is scrutinised because its governance and procurement have to be driven by a normative value. Within the study, health justice is justified to be such a value as it is a significant public health factor in practice. Following this normative claim, the study uses analysis of legislation, case law and examples from procurement practice to show whether procurement law can enhance health justice. In terms of methodology, the study establishes a normative framework of governance in health, health justice and procurement. On that basis, it distinguishes procurement categories (procurement of health, and procurement for health) and concludes what it is in procurement that health justice is transformed into. In order to answer the core research question, the study analyses harmonised transnational EU legislation, policy, case law of the CJEU, and examples from practice through stages of supply framework - at input, output and outcome. The study leads to a conclusion that procurement serves as a tool of governance in health. In order to reach effectiveness and efficiency of procurement in health, it is submitted that procurement needs to reflect on the argument of ethics and economics of health. Health inequalities are an operationalized factor to reach this. The EU procurement law enables to consider health justice. However, it is restricted by the requirement of proportionality. Therefore, health justice is perceived as distortion, rather than a goal of competition to be enhanced. Key messages In order to reach effectiveness and efficiency of procurement in health, it is submitted that procurement needs to reflect on argument of ethics and economics of health. The EU procurement law enables to consider health justice. However, it is rather perceived as distortion, than a goal of competition to be enhanced.

The EU as an “enforcement patchwork”: the impact of national enforcement for compliance with EU water law in Spain and Britain

2013 ◽  
Vol 34 (2) ◽  
pp. 331-353 ◽  
Author(s):  
Mónica García Quesada
Keyword(s):  
Waste Water Treatment ◽  
National Level ◽  
State Level ◽  
Detailed Examination ◽  
Deterrent Effect ◽  
Eu Law ◽  
Wide Range ◽  
The Uk ◽  
The Impact ◽  
The Eu

AbstractFailures of compliance with European Union (EU) directives have revealed the EU as a political system capable of enacting laws in a wide range of different policy areas, but facing difficulties to ensure their actual implementation. Although the EU relies on national enforcement agencies to ensure compliance with the EU legislation, there is scarce analysis of the differential deterrent effect of national enforcement in EU law compliance. This article examines the enforcement of an EU water directive, the Urban Waste Water Treatment Directive, in Spain and the UK. It focuses on the existing national sanctions for disciplining actors in charge of complying with EU requirements, and on the actual use of punitive sanctions. The analysis shows that a more comprehensive and active disciplinary regime at the national level contributes to explain a higher degree of compliance with EU law. The article calls for a detailed examination of the national administrative and criminal sanction system for a more comprehensive understanding of the incentives and disincentives to comply with EU law at the national state level.

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