SUBSIDIARY LEGISLATION MOTOR VEHICLES INSURANCE REGULATIONS

Transcription

1 MOTOR VEHICLES INSURANCE [S.L SUBSIDIARY LEGISLATION MOTOR VEHICLES INSURANCE REGULATIONS 1st August, 1947 GOVERNMENT NOTICE 611 of 1939, as amended by Government Notice 221 of 1947 and Legal Notices 6 of 1985, 243 of 2006 and 409 of The title of these regulations is the Motor Vehicles Insurance Regulations. 2. In these regulations, unless the context otherwise requires - "Ordinance" means the Motor Vehicles Insurance (Third Party Risks) Ordinance; "insurer" means an authorised insurer as defined by article 2 of the Ordinance; "Commissioner" means the Commissioner of Police or any officer of the Police Force deputed by him to perform the duties imposed upon him by the Ordinance or by these Regulations; "policy" means such a policy of insurance issued by an insurer in respect of third party risks arising out of the use of motor vehicles as complies with the requirements of the Ordinance, but does not include a cover note; "cover note" means such a policy of insurance issued by an insurer in the form of a provisional cover note in respect of third party risks arising out of the use of motor vehicles as complies with the requirements of the Ordinance; "certificate of insurance" means a certificate of insurance issued by an insurer under the provisions of article 4(4) of the Ordinance; "responsible officer" means, in relation to motor vehicles which are at the disposal of a government department, the head of department and, in relation to motor vehicles which are at the disposal of the Armed Forces of Malta, the officer commanding the unit or branch of the Service which is in control of the vehicles; "motor vehicle" has the meaning assigned to it in article 2 of the Ordinance. 3. (1) An insurer shall issue to every holder of a policy issued by him a certificate of insurance in the Form A as set out in the Schedule. (2) Where such a policy relates to a specified vehicle or to specified vehicles a separate certificate of insurance shall be issued in respect of each such vehicle. Where such a policy does not relate to any specified vehicle or vehicles such number of certificates of insurance shall be issued as may be necessary to enable the requirements of the Ordinance as to the production of evidence that a motor vehicle is not being driven in contravention thereof to be complied with. Title. Interpretation. Cap Insurer to issue certificate of insurance.

2 2 [S.L MOTOR VEHICLES INSURANCE (3) Every cover note issued by an insurer shall have printed thereon or on the back thereof a certificate of insurance in the Form B set out in the Schedule. Further certificate of insurance. Certificate to be duly authenticated. Certificate to be printed in black on white paper. Person applying for licence. 4. Where under the terms of a policy relating to a specified motor vehicle the holder is entitled to drive any other motor vehicle than that specified without contravention of the Ordinance, the insurer by whom the policy was issued may, and shall on demand being made to him by the holder, issue to him a further certificate of insurance in the Form A set out in the Schedule. 5. (1) Every certificate of insurance shall be duly authenticated by or on behalf of the insurer by whom it is issued. (2) Every certificate of insurance shall be issued not later than four days after the date on which the policy is issued or renewed. 6. (1) Every certificate of insurance shall be printed and completed in black on white paper or similar materials. (2) No certificate so issued shall contain any advertising matter either on the face or on the back thereof, provided that the name and address of an insurer by whom a certificate is issued, or a reproduction of his seal or any monogram or similar device, or the name and address of an insurance broker, shall not be deemed to be advertising matter for the purpose of this regulation if it is printed or stamped at the foot or on the back of such certificate. 7. Any person applying for a licence or for the renewal of a licence in respect of a motor vehicle shall produce to the Commissioner a cover note or certificate of insurance indicating that on the date when the licence comes into operation there will be in force a policy in relation to the user of the motor vehicle by the applicant or by other persons on his order or with his permission and such note or certificate shall constitute for the purposes of article 7 of the Ordinance evidence that on the date when the licence or renewal come into operation there will be in force the necessary policy: Provided that there may be produced in lieu thereof - (i) in the case of a motor vehicle to which article 3(4)(a) of the Ordinance applies (that is to say motor vehicles owned by the Government and used and employed exclusively upon Government service), a certificate signed by a responsible officer in the Form C set out in the Schedule; (ii) in the case where the motor vehicle is one of more than ten motor vehicles owned by the same person in respect of which a policy or policies have been obtained by him from the same insurer, a statement duly authenticated by the insurer to the effect that on the date when the licence becomes operative a policy which complies with the requirements of the Ordinance will be in force in relation to the motor vehicle;

3 MOTOR VEHICLES INSURANCE [S.L (iii) in the case of motor vehicles intended to be used solely for the purpose of being let on hire and being driven by the person by whom the motor vehicle is hired or by persons under his control, a declaration in the Form D set out in the Schedule. 8. (1) When under the provisions of regulation 7, a certificate signed by a responsible officer in the Form C set out in the Schedule is produced to the Commissioner, the Commissioner shall indicate thereon by means of a rubber stamp or other similar device, or in writing, that the certificate has been seen by him. (2) Where any person driving on a road any motor vehicle to which article 3(4)(a) of the Ordinance applies is required by any member of the Police Force under article 8 of the Ordinance to produce his certificate of insurance, he shall produce in lieu thereof the aforementioned certificate (that is to say the certificate in the Form C set out in the Schedule). (3) Any such certificate shall be destroyed by the responsible officer before the motor vehicle to which it relates is sold or otherwise disposed of. 9. (1) Every insurer by whom a policy is issued shall keep a record of any certificates issued in connection therewith and of the following particulars relative thereto - (a) the full name and address of the person to whom the policy is issued; (b) (c) in the case of a policy relating to a specified motor vehicle or to specified motor vehicles the registration number of each such motor vehicle; the date on which the policy comes into force and the date on which it expires; (d) the conditions subject to which the persons or classes of persons specified in the policy will be indemnified. Such records shall be kept for a period of one year from the date of expiry of the policy. (2) Every responsible officer shall keep a record of the motor vehicles owned by the Government of Malta in respect of which a policy has not been obtained, and of any certificates issued by him under these Regulations, in respect of such motor vehicles, and of the withdrawal or destruction of any such certificates. (3) Any insurer by whom records of documents are required by these Regulations to be kept shall without charge furnish to the Commissioner on request any particulars thereof. (4) In this regulation the word "policy" includes a cover note. 10. Where to the knowledge of an insurer a policy or cover note issued by him ceases to be effective without the consent of the person to whom it was issued otherwise than by effluxion of time or by reason of his death, the insurer shall forthwith notify the Commissioner of the date on which the policy or cover note ceased Certificate to be stamped by the Commissioner. Record of certificates. Notification to the Commissioner.

4 4 [S.L MOTOR VEHICLES INSURANCE Transferring, suspension or cessation of cover note. Fine. Amended by: L.N. 409 of to be effective. 11. (1) Where with the consent of the person to whom it was issued a policy or cover note is transferred or suspended or ceases to be effective otherwise than by the effluxion of time such person shall forthwith return any relative certificates of insurance to the insurer by whom they were issued and a new policy or cover note shall not be issued to that person, nor shall the said policy or cover note be transferred to any other person, unless and until the certificates have been returned to the insurer or he is satisfied that they have been lost or destroyed. (2) Where any insurer by whom a certificate of insurance has been issued is satisfied that the certificate has become defaced or has been lost or destroyed he shall, if requested so to do by the person to whom the certificate was issued, issue to him a fresh certificate, provided that in the case of a certificate which has become defaced a fresh certificate shall not be issued unless and until the defaced certificate has been returned to the insurer. (3) For the purposes of this regulation no insurer shall be satisfied that any certificate has been lost or destroyed unless the person to whom the policy or cover note was issued makes and delivers to the insurer a declaration on oath to the effect that the certificate has been so lost or destroyed. 12. If any person acts in contravention of or fails to comply with these regulations he shall, for each offence, be liable to a fine (multa) not exceeding twenty-three euros and twenty-nine cents (23.29).

5 MOTOR VEHICLES INSURANCE [S.L SCHEDULE FORM A Substituted by: L.N. 6 of 1985; L.N. 243 of CERTIFICATE OF MOTOR INSURANCE Name of insurer Policy Number Certificate Number Date of Commencement of Insurance at a.m./p.m. Date of expiry Name of Policyholder Address Identity Document Number OR Passport Number Place & Date of Issue MOTOR VEHICLE Registration Number Make Year of manufacture Engine No. Type of Body Seating Capacity Chassis No. Engine c.c Colour Limitations as to use (*) Authorised Drivers (**) We hereby certify that a Policy of Insurance covering the liabilities required to be insured by the Motor Vehicles Insurance (Third Party Risks) Ordinance, has been issued as stated above. (*) Limitations rendered inoperative by section 12 of the said Ordinance are not be included under the heading. (**) Names or classes of authorised drivers.

6 6 [S.L MOTOR VEHICLES INSURANCE FORM B CERTIFICATE OF INSURANCE I hereby certify that this cover note is issued in accordance with the provisions of the Motor Vehicles Insurance (Third Party Risks) Ordinance, and of the regulations made thereunder.... Authorised Insurer FORM C CERTIFICATE OF OWNERSHIP BY THE GOVERNMENT OF MALTA I hereby certify that the vehicle of which the registration number is... is the property of the Government of Malta and is under the control of *... and is used and employed exclusively upon Government service.... Signature and Office of Responsible Officer * Insert name of department or (in the case of Armed Forces vehicles) the unit or branch of the service. FORM D I hereby declare that I am acquainted with the provisions of the Motor Vehicles Insurance (Third Party Risks) Ordinance, and am aware that if I permit the above motor vehicle to be used on the road unless there is in force in relation to the user of the motor vehicle such a policy of insurance in respect of third party risks as complies with the requirements of the Ordinance, I shall become liable to the penalties prescribed in the Ordinance. I further realise that any breach by me of the provisions of the Ordinance or of the regulations may involve, in addition to other penalties, the suspension or cancellation of the licence granted to me to carry on the business of letting motor vehicles on hire. I solemnly declare that I will not permit the above motor vehicle to be used in contravention of the said Ordinance or regulations.... Signature of Applicant for licence