Firstly, the 1988 Road Traffic Act states that compulsory motor insurance is required for vehicles that are used on roads and public places only, however the CJEU ruled that insurance should be applicable for vehicles used in any area, including both public and private land.
Ryman-Tubb believes that compulsory insurance for vehicle use on private land would be difficult to enforce and may lead to greater fraud.
The second key issue is around the definition of ‘motor vehicle’ – again the UK and CJEU have different ideas here. The Road Traffic Acts describes a motor vehicle as a mechanically propelled vehicle intended or adapted for use on roads, explained Ryman-Tubb, however the CJEU has a broader definition.