Motor Traffic
(Third-Party Insurance) (Jersey) Order 1961
PART 1
1
(1) In
this Order, unless the context otherwise requires –
“Law” means
the Motor
Traffic (Third-Party Insurance) (Jersey) Law 1948;
“policy” means
such a policy of insurance in respect of third-party risks arising out of the
use of motor vehicles as complies with the requirements of the Law, and
includes a covering note.
(2) This
Order shall not apply to invalid carriages, that is to say, mechanically
propelled vehicles, the weight of which unladen does not exceed 5 hundredweight
and which are specially designed and constructed, and not merely adapted, for
the use of persons suffering from some physical defect or disability and are
used solely by such persons.
(3) Any
reference in this Order to a certificate in Form A, B, C, D or E shall be
construed as a reference to a certificate in the form so headed and set out in Part 1
of the Schedule which has been duly made and completed subject to and in
accordance with the provisions set out in Part 2 of the said Schedule.
2
(1) An
authorized insurer shall issue to every holder of a policy, other than a
covering note issued by the insurer –
(a) in
the case of a policy relating to one or more specified vehicles, a certificate
of insurance in Form A in respect of each such vehicle;
(b) in
the case of a policy relating to vehicles other than specified vehicles, such
number of certificates in Form B as may be necessary for the purpose of
complying with the requirements of Article 15(1) of the Law and of this Order
as to the production of evidence that a motor vehicle is not being driven in
contravention of Article 2 of the Law.
(2) Every
policy in the form of a covering note issued by an authorized insurer shall
have printed thereon or on the back a certificate of insurance in Form C.
3
(1) Every
certificate of insurance shall be duly authenticated by or on behalf of the
authorized insurer by whom it was issued.
(2) The
certificate shall be issued not later than 4 days after the date on which the
policy is issued or renewed.
4
Where under the terms of
a policy relating to a specified motor vehicle the holder is entitled to drive
any motor vehicle other than that specified without contravention of Article 2
of the Law, the authorized insurer by whom the policy was issued may, and shall
on demand being made by the holder, issue to him or her a further certificate
of insurance in Form A or Form B, as the case may be.
5
(1) The
following evidence that a motor vehicle is not being driven in contravention of
Article 2 of the Law may be produced by the driver of such motor vehicle
on the request of a Police or Traffic Officer in pursuance of Article 15
of the Law as an alternative to the production of a certificate of
insurance –
(a) in
the case of a motor vehicle owned by an authority referred to in Article 2
of the Law, a certificate in Form D signed by some person authorized in that
behalf by such authority;
(b) in
the case of a motor vehicle to which Article 2 of the Law does not apply
by reason of the owner having complied with the provisions of paragraph (6)
of that Article, a certificate in Form E, signed by the owner of the motor
vehicle or by his or her attorney or attorneys duly appointed under sub-paragraph (c)
of that paragraph.
(2) Any
certificate issued in accordance with paragraph (1) shall be destroyed by
the authority or person by whom it was issued before the motor vehicle to which
it relates is sold or otherwise disposed of.
6
[1]
(1) An
insurance disc shall –
(a) be
printed in black on paper of a colour approved, and which may be varied from
time to time, by the Minister[2]; and
(b) bear
a security number individual to itself printed on it by its manufacturer.[3]
(2) The
colour of the paper on which an insurance disc is printed and the ink used in
printing it shall be resistant against fading in direct sunlight.
(3) An
insurance disc shall be in Form 1 in Part 3 of the Schedule, and before
issuing it the authorized insurer shall complete it by inserting the following
particulars –
(a) the
number of the policy of insurance to which it relates;
(b) the
dates of commencement and expiry of the period of cover under the policy
specified in the certificate of insurance;
(c) either –
(i) the registration
mark of the motor vehicle on which it is to be displayed, being a motor vehicle
whose use is covered by the policy, or
(ii) where
the policy is effected by a fleet registered keeper or is a motor cycle rider
policy, the name of the policy holder;
(d) the
name of the authorized insurer issuing the policy; and
(e) in
print not less than ½ inch in height, the month and year in which the
period of cover under the policy expires, the month being represented by the first
3 letters of the name of the month in block capitals and the year by the last 2
digits of the year in arabic numerals:
Provided that in the case
of an insurance disc issued in replacement of a disc which has been lost,
stolen, damaged or destroyed, instead of inserting the date of commencement of
the period of cover, the authorized insurer shall insert the word
“DUPLICATE”.[4]
(4) Where –
(a) an
insurance disc has been issued and lost, stolen, damaged or destroyed and is
pending replacement; or
(b) a
temporary covering note has been issued,
the authorized insurer or
his or her agent may, by means of electronic communication (within the meaning
of the Electronic
Communications (Jersey) Law 2000) or otherwise, issue and
deliver to the person by whom the policy of insurance is, or is to be, effected
a temporary insurance disc.[5]
(4A) Paragraphs (1)
to (3) do not apply to a temporary insurance disc.[6]
(4B) A
temporary insurance disc shall –
(a) be in
Form 2 in Part 3 of the Schedule;
(b) bear
a security number individual to itself, allocated by or on behalf of the authorized
insurer issuing the disc;
(c) be printed
in black ink on white paper and in such a manner as to be easily legible; and
(d) be printed
by or on behalf of –
(i) the authorized
insurer issuing the disc, or
(ii) the
person by whom the policy of insurance is effected, if all the conditions in
paragraph (4C) are met.[7]
(4C) The
conditions are that the temporary insurance disc –
(a) is
issued because a temporary covering note has been issued;
(b) is
issued and delivered by means of electronic communication; and
(c) is printed in accordance with that
communication.[8]
(5) Before
issuing a temporary insurance disc the authorized insurer or his or her agent
shall complete it by inserting the following particulars –
(a) the
number of the insurance policy or covering note to which it relates;
(b) the
dates and times of commencement and expiry of the period of cover under the
policy specified in the certificate of insurance or, where the temporary
insurance disc is issued in respect of a covering note, the period of cover
specified in the note;
(c) either –
(i) the registration
mark of the motor vehicle on which it is to be displayed, being a motor vehicle
whose use is covered by the policy or covering note, or
(ii) where
the policy is, or is to be, effected by a fleet registered keeper or is, or is
to be, a motor cycle rider policy, the name of the policy holder; and
(d) where
the temporary insurance disc is issued by the authorized insurer, his or her
name, or, where it is issued by the agent of the authorized insurer, the names
of the authorized insurer and the agent.[9]
(6) An
insurance disc required to be displayed on a motor vehicle in accordance with Article 6
of the Law shall –
(a) either –
(i) where the vehicle
is fitted with a front windscreen, be secured to the inner surface of the
windscreen on the near side of the vehicle, or
(ii) where
the vehicle is not fitted with a front windscreen, be contained in a holder
with a transparent cover on the near side of the vehicle:
Provided, in either
case, that where a trade registration mark is exhibited on the vehicle, the
disc may alternatively be contained in a holder with a transparent cover placed
adjacent to the mark exhibited at the back of the vehicle;
(b) be so
displayed that the printed face of the disc is conspicuous and unobscured, and
is visible and readily accessible for inspection from outside the vehicle; and
(c) be so
located that it does not obstruct the view of the road and traffic ahead of the
vehicle of a person driving the vehicle or, where this is not possible, does so
to the least extent practicable.
(7) Any
person who shall wilfully alter, deface or mutilate an insurance disc shall be
guilty of an offence.
7 [10]
For the purposes of the Law,
the number of motor vehicles owned by a fleet registered keeper and operated
for trade or business purposes shall not be fewer than 5.
8
(1) Every
authorized insurer by whom a policy is issued shall keep a record of the
following particulars relative thereto and of any certificates or discs issued
in connection therewith –
(a) the
full name and address of the person to whom the policy, certificate or disc is
issued;
(b) in
the case of a policy relating to one or more specified motor vehicles, the
registration mark of each such motor vehicle;
(c) the
date on which the policy comes into force and the date on which it expires; and
(d) the
conditions subject to which the persons or classes of persons specified in the
policy will be indemnified,
and every such record
shall be preserved for one year from the date of expiry of the policy.[11]
(2) Every
authority referred to in Article 2(3) of the Law shall keep a record of
the motor vehicles owned by it in respect of which a policy has not been
obtained and of any certificates issued by it under this Order in respect of
such motor vehicles, and of the withdrawal or destruction of any such
certificates.
(3) Any
person who has complied with the provisions of Article 2(4) of the Law
shall keep a record of the motor vehicles owned by him or her and of any
certificates issued by him or her under this Order in respect of such motor
vehicles, and of the withdrawal or destruction of any such certificates.
(4) Any
person, authority or authorized insurer by whom records of documents are
required by this Order to be kept shall, on being requested so to do by the
Minister or the Connétable of a parish, furnish any particulars, without
charge, to the Minister or the Connétable, as the case may be.
9
Where, to the knowledge
of an authorized insurer, a policy issued by the insurer 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 or her death, the insurer shall forthwith
notify the Minister of the date on which the policy ceased to be effective.
10
Where, with the consent
of the person to whom it was issued, a policy is transferred or suspended or
ceases to be effective, otherwise than by effluxion of time, such person shall
within 7 days from the date on which it is transferred, suspended or ceases to
be effective return any relative certificates and discs to the authorized
insurer by whom they were issued and a new policy shall not be issued to that person,
nor shall the policy be transferred to any other person, until the certificates
and discs have been returned to the insurer or the insurer is satisfied that
they have been lost or destroyed.[12]
11
Where any authorized
insurer by whom a certificate of insurance or insurance disc has been issued is
satisfied that the certificate or disc has become defaced or has been lost or
destroyed, the insurer shall, if requested so to do by the person to whom the
certificate or disc was issued, issue to him or her a fresh certificate or
disc. In the case of a defaced certificate or disc the insurer shall not issue
a fresh certificate or disc unless the defaced certificate or disc is returned
to him or her.[13]
PART 2
12
(1) The
Minister shall keep a register of all assurance companies and underwriters for
the time being approved as authorized insurers under Article 4 of the Law
and of the addresses of their principal places of business and of the names and
addresses of their attorney or attorneys appointed for the purposes of that Article.
(2) The
register kept in pursuance of this Article shall at all reasonable times be
open to inspection by any person on payment of a fee of £1, and any person
inspecting the register may take a copy of any entry therein.[14]
13
This Order may be cited
as the Motor Traffic (Third-Party Insurance) (Jersey) Order 1961.