IF we had been in the EU when the apple (supposedly) fell on Isaac Newton’s head, just think of the implications. Personal injury claims, apples banned and the trees on which they were grown destroyed as a potential risk to life and limb.

Farmworker Damijan Vnuk is unlikely to enter the history books in quite the same way as Isaac, but when his ladder got in the way of a reversing tractor and trailer, his name was destined to be immortalised in the annals of legal case history for ever (see story in this issue).

Despite originating in far flung Slovenia, the Vnuk ruling could potentially have profound repercussions for UK domestic Statute, case law and the insurance industry.

The EU directive has prompted predicable headlines; “Now the EU tells you to insure your lawnmower”. Seeing political capital, a Conservative party spokesman is quoted as saying, “This is a bonkers ruling from the EU”.  

But is it? Any piece of moving machinery, whether used on a road or on private land, has the capability to injure. It could be said that the UK Road Traffic Act needs a better definition of the word ‘vehicle’ and it’s usage. The legal profession and the insurance industry have been urging changes and clarity for some years, and have criticised Government for not acting earlier.

The Department of Transport appear to have accepted that changes will be needed, and are said to be “working against the background of a ticking clock” to bring the UK into line.

So will we have a position where ride-on lawnmowers, golf buggies and forklift trucks have to be covered by compulsory third party insurance?

Member states can choose a list of vehicle types that are to be derogated from the compulsory insurance requirement. However, they must be covered by a compensatory guarantee scheme. In the UK, this means that the Motor Insurance Board (MIB) Agreement for uninsured drivers might need to cover any such claims, but that would mean increased premiums to cover the greater scope of the scheme.

Whatever the outcome, legislative changes are on the cards, sooner rather than later and my guess is that we will be faced with many more of the machines that we sell having to be covered by motor type insurance in the future.