Conviction for driving without insurance upheld where policy obtained while disqualified

Judicial review – criminal law – road traffic offences - man convicted of driving without insurance seeking to quash his conviction - failing to produce a certificate of insurance – he was disqualified from driving - while disqualified, he took out a policy of motor insurance – policy included proviso whereby the holder of the policy could not be disqualified - did not disclose his disqualification - stopped by a member of An Garda Síochána – eventually produced certificate - Section 56 (1) of the Road Traffic Act 1961 – argued that the purpose of the legislation is to ensure that a person injured by the negligent use of a mechanically propelled vehicle in a public place shall not be left without compensation – argued that where there is an insurance policy in place which enjoins the insurer to compensate an injured third party, no offence is committed - immaterial to criminal liability under the section that the insurer may have a right over against the insured by virtue of breach of the policy condition to recover the amount of any compensation paid from the insured - whether or not the applicant was “insured” – purpose of insurance - cannot be regarded as being “insured” - fact that the insurer concerned may have a statutory obligation to compensate an injured third party is immaterial – argument in reality confuses two entirely different things being the contractual right to an indemnity on the one hand and the statutory obligation to compensate on the other – no policy of insurance within the meaning of s. 56 (1) – Court dismissed the application