Motor Vehicles Insurance (Third Party Risks) Act
Act 15 of 1950
- Commenced on 1 January 1952
- [This is the version of this document at 30 June 2012 and includes any amendments published up to 30 June 2014.]
1. Short titleThis Act may be cited as the Motor Vehicles Insurance (Third‑Party Risks) Act.
2. Suspension and restriction of operationThe Minister may, by order published in the Gazette, suspend or restrict the operation of this Act.
3. InterpretationIn this Act, unless the context otherwise requires—"driver", where a separate person acts as steersman of a motor vehicle, includes that person as well as any other person engaged in the driving of the vehicle, and the word "drive" shall be construed accordingly;"motor vehicle" means a mechanically propelled vehicle intended or adapted for use on roads, but does not include a steam traction engine or a steam roller;"owner", in relation to a vehicle which is the subject of a hiring agreement or a hire‑purchase agreement, means the person in possession under that agreement;"policy of insurance" includes a cover note;"road" includes any place over which motor vehicles are capable of being driven;"statutory declaration" means a written statement in respect of which a person may be convicted of perjury by virtue of section 19.
4. Motor vehicles to be insured against third-party risks
5. Requirements in respect of insurance policiesIn order to comply with the requirements of section 4 the policy of insurance must be a policy which—
6. Requirements in respect of securities
7. Certificate of insuranceA certificate of insurance shall be issued by the insurer to the person by whom a policy of insurance is effected at the same time as the cover note is issued. Such certificate shall be in the prescribed form and shall contain such particulars of any conditions subject to which the policy is issued, and of any other matters, as may be prescribed; and different forms and different particulars may be prescribed in relation to different cases or circumstances.
8. Certain conditions in policies of insurance of no effectAny condition in a policy of insurance providing that no liability shall arise under the policy, or that any liability so arising shall cease in the event of some specified thing being done or omitted to be done after the happening of the event giving rise to a claim under the policy, shall, as respects such liabilities as are required to be covered by a policy under section 5, be of no effect:Provided that nothing in this section shall be taken to render void any provision in a policy requiring the persons insured to repay to the insurer any sums which the latter may have become liable to pay under the policy and which have been applied to the satisfaction of the claims of the third parties.
9. Production of certificate of insurance
10. Duty of insurers to satisfy judgments against persons insured in respect of third-party risks
11. Penalty for false statements and wilful avoidance of policyIf any person, for the purpose of obtaining a policy of insurance as required by section 5, makes any false statement, in consequence whereof the policy is liable to be avoided, or wilfully does any act which disentitles him to claim under the policy he shall be guilty of an offence.
12. Duty of persons, against whom claims are made, to give information as to insurance
13. Duty to surrender certificate of insurance on cancellation of policyWhere a certificate of insurance has been issued under section 7 to the person by whom a policy has been effected and the policy is cancelled by mutual consent or by virtue of any provision in the policy, the person to whom the certificate of insurance was issued shall, within seven days from the taking effect of the cancellation, surrender the certificate of insurance to the insurer or, if it has been lost or destroyed, make a statutory declaration to that effect, and if he fails so to do he shall be guilty of an offence.
14. Procedure on application for motor vehicle licenceA person who applies for a licence or the renewal of a licence in respect of a motor vehicle under the Road Transport Act, shall produce such evidence as may be prescribed that either—
15. Rights of third parties against insurers on bankruptcy, etc., of the insured
16. Avoidance of restrictions of scope of politics covering third party risksWhere a certificate of insurance has been issued under section 7 to the person by whom a policy has been effected, so much of the policy as purports to restrict the insurance of the persons insured thereby by reference to any of the following matters, namely—
17. Provision with regard to visitorsWhere in respect of a motor vehicle there is in existence a valid and subsisting International Certificate issued in pursuance of the International Convention Relative to Motor Traffic, 1926, no person driving such motor vehicle shall be required to produce a certificate of insurance, but it shall be the duty of such person to give such information as he may be required by or on behalf of the Commissioner of Police to give for the purpose of determining whether the vehicle was or was not being driven in contravention of section 4 of this Act.
18. Power to make regulationsThe Minister may make regulations prescribing anything required by this Act to be prescribed, and generally for the better carrying out of the provisions of this Act.
19. Penalty for offences
History of this document
01 January 1952