February 21, 2025

Is it Possible to Lose Status as a Driver and be Reclassified as a Passenger During a Journey? A Lacuna in the Motor Vehicle Insurance Directives to which Jurisprudence from the UK may Provide an Answer

By James Marson and Katy Ferris* Can a driver of a vehicle transition to become its passenger during a journey if another passenger assumes control of the vehicle? Interestingly, the Motor Vehicle Insurance Directive (MVID) 2009/103/EC— the legislative framework governing compulsory motor insurance and civil liability across the EU—does not explicitly define the term “driver.” Instead, its provisions and case law predominantly refer to the “use of a vehicle.” This lack of definitional clarity leaves significant questions unanswered. Here we present the first analysis of this issue, highlighting that determining whether a driver becomes a passenger is primarily a factual […]