Jersey Law
21/1993
MOTOR TRAFFIC
(THIRD-PARTY
INSURANCE) (AMENDMENT No. 8) (JERSEY) LAW 1993
____________
A LAW to
amend further the Motor Traffic (Third-Party Insurance) (Jersey) Law 1948,
sanctioned by Order of Her Majesty in Council of the
20th day of JULY 1993
____________
(Registered on the
27th day of August 1993)
____________
STATES OF JERSEY
____________
The 13th day of April 1993
____________
THE
STATES, subject to
the sanction of Her Most Excellent Majesty in Council, have adopted the following
Law –
ARTICLE 1
In Article 1 of
the Motor Traffic (Third-Party Insurance) (Jersey) Law 1948, as amended (hereinafter referred to as
“the principal Law”) –
(a) in paragraph (1)
–
(i) for
the definition of “certificate of insurance” there shall be substituted
the following definition –
“
‘certificate of insurance’ means a certificate of insurance issued
under paragraph (1) of Article 6 of this Law;”;
(ii) after the definition of
“the Committee”, “the Inspector”, and “Traffic
Officer”, there shall be inserted the following definition –
“
‘fleet registered keeper’ has the meaning assigned thereto by
paragraph (6) of Article 6 of this Law;”;
(iii) after the definition of
“hospital” there shall be inserted the following definition –
“
‘insurance disc’ means an insurance disc issued under paragraph (2)
of Article 6 of this Law;”; and
(iv) the definition of “misdemeanour” shall be deleted; and
(b) for
paragraph (2) there shall be substituted the following paragraph –
“(2) In
this Law, a reference to –
(a) a certificate of
insurance; or
(b) an insurance disc;
in any provision
relating to its surrender, loss or destruction shall, in relation to policies
of insurance under which more than one certificate of insurance or insurance
disc is issued, be construed as a reference to all certificates of insurance or
insurance discs, as the case may be, so issued, and where any copy of a
certificate of insurance or insurance disc has been issued as including a
reference to that copy.”.
ARTICLE 2
For Article 6 of
the principal Law there shall be substituted the
following Article –
“ARTICLE 6
CERTIFICATES OF INSURANCE AND INSURANCE
DISCS TO BE DELIVERED TO INSURED PERSONS AND DISPLAY OF INSURANCE DISCS.
(1) A
policy of insurance shall be of no effect for the purposes of this Law unless
and until there is issued by the authorized insurer and delivered by him to the
person by whom the policy is effected a certificate of insurance which shall
refer to the policy of insurance and the period of cover provided under the
policy.
(2) In
addition to the certificate of insurance, there shall be issued and delivered
by the authorized insurer to the person by whom the policy of insurance is
effected –
(a) except where that
person is a fleet registered keeper or the holder of a motor cycle rider
policy, an insurance disc in respect of each motor vehicle the use of which is
covered by the policy;
(b) where that person is a
fleet registered keeper, that number of insurance discs which corresponds with
the number of motor vehicles the use of which at any one time is covered by the
policy;
(c) where
that person is the holder of a motor cycle rider policy, an insurance disc;
and each
insurance disc so issued shall refer to the policy of insurance and the period
of cover provided under the policy.
(3) A
certificate of insurance shall –
(a) be in the prescribed
form; and
(b) contain such
particulars of –
(i) any
conditions subject to which the policy is issued; and
(ii) any other matters;
as may be
prescribed, and different forms and different particulars may be prescribed in
relation to different cases or circumstances.
(4) Except
as provided in paragraph (7) of this Article, at all times when a motor vehicle
is being used or kept on a road, there shall be displayed on the vehicle in the
prescribed manner an insurance disc which shall –
(a) be in the prescribed
form;
(b) bear the prescribed
particulars which shall refer to a policy of third-party risks for the time
being in force covering the use of the vehicle; and
(c) unless the person by
whom the insurance policy is effected is a fleet registered keeper or the
holder of a motor cycle rider policy, bear the registration mark of the
vehicle.
(5) In
respect of insurance discs, different forms, different particulars and
different manners of display may be prescribed in relation to different cases
or circumstances.
(6) For
the purposes of this Law, the expression “fleet registered keeper”
means a person by whom a single policy of insurance in respect of third-party
risks is effected in relation to the user of not fewer than a prescribed number
of motor vehicles which are –
(a) owned by him; and
(b) operated for trade or
business purposes;
and in this
Article –
“motor
cycle rider policy” means a policy of insurance in respect of third party
risks in relation to the user of motor cycles or mopeds under which the cover
relates to the policy holder and not to a particular motor cycle or moped; and
“motor
cycle” and “moped” have the same meanings, respectively, as
in the Road Traffic (Jersey) Law 1956, as amended.
(7) Nothing
in this Article shall operate to require the display of an insurance disc on a
motor vehicle –
(a) to which the provisions
of paragraph (5) or (6) of Article 2 of this Law apply; or
(b) prescribed as a vehicle
on which an insurance disc is not required to be displayed.”.
ARTICLE 3
In clause (i) of sub-paragraph (c) of paragraph (2) of Article 7 of
the principal Law, the words “before the
Bailiff or a Jurat of the Royal Court” shall be
deleted.
ARTICLE 4
For Article 11 of
the principal Law there shall be substituted the
following Article –
“ARTICLE 11
SURRENDER OF CERTIFICATE AND DISC
(1) Where
a policy of insurance has been effected and an insurance disc bearing the
registration mark of a motor vehicle has been delivered under Article 6 of this
Law by the insurer to the person by whom the policy was effected and that
vehicle is subsequently transferred by that person to another, that person
shall, within seven days after the transfer takes effect, surrender to the
insurer the insurance disc, and if he fails to do so or, where the disc has
been lost or destroyed, to comply with the provisions of paragraph (3) of this
Article, he shall be guilty of an offence.
(2) Where
a policy of insurance has been effected and the policy is cancelled by mutual
consent or by virtue of any provision in the policy, the person by whom the
policy was effected shall, within seven days after the cancellation takes
effect, surrender to the insurer the certificate of insurance and insurance
disc delivered under Article 6 of this Law by the insurer to that person in
respect of the policy, and if he fails to do so or, where the certificate or
disc has been lost or destroyed, to comply with the provisions of paragraph (3)
of this Article, he shall be guilty of an offence.
(3) Where
a person is under an obligation under paragraph (1) or (2) of this Article to
surrender a certificate of insurance or insurance disc and by reason of its
loss or destruction he is unable to do so, he shall make an affidavit deposing
to its loss or destruction and within a period of ten days after the transfer
or cancellation, as the case may be, takes effect he shall deliver the
affidavit to the insurer.”.
ARTICLE 5
After Article 15
of the principal Law there shall be inserted the following
Article –
“ARTICLE 15A
REQUIREMENTS AS TO DISPLAY AND
PRODUCTION OF INSURANCE DISC.
(1) A
person who uses or keeps on a road a motor vehicle on which an insurance disc
required to be displayed under Article 6 of this Law is not so displayed shall
be guilty of an offence.
(2) The
owner of a motor vehicle –
(a) which is used or kept
on a road; and
(b) on which an insurance
disc required to be displayed under Article 6 of this Law is not so displayed;
shall be guilty
of an offence:
Provided that he
shall not be convicted of an offence under this paragraph if he shall prove
that at the relevant time the vehicle was being used or kept without his
consent by another person.
(3) Any
person driving a motor vehicle on a road shall, on being so required by a Police
or Traffic Officer, produce for examination the insurance disc displayed on the
vehicle, and, if he fails to do so, he shall be guilty of an offence.”.
ARTICLE 6
In Article 16 of
the principal Law –
(a) in paragraph (1), for
sub-paragraph (e) there shall be substituted the following sub-paragraph
–
“(e) as to the form and manufacture of
insurance discs, the particulars to be contained on insurance discs, the issue,
delivery, replacement and surrender of insurance discs and the manner of
display of insurance discs and as to motor vehicles on which an insurance disc
is not required to be displayed;”; and
(b) for paragraphs (2) and
(3) there shall be substituted the following paragraph –
“(2) The
Subordinate Legislation (Jersey) Law 1960, as amended, shall apply to orders made under
this Law.”.
ARTICLE 7
In Article 17 of
the principal Law –
(a) in the heading after
the word “CERTIFICATES” there shall be inserted the words “OR
DISCS”;
(b) in paragraph (1)
–
(i) in
sub-paragraph (a), after the words “certificate of insurance” there
shall be inserted the words “or insurance disc”;
(ii) in sub-paragraph (b),
after the word “certificate” there shall be inserted the words
“or disc”;
(iii) for the words “guilty
of a misdemeanour and shall be liable on conviction”
there shall be substituted the word “liable”; and
(iv) the words “not
exceeding five hundred pounds” shall be deleted”; and
(c) in paragraphs (2) and
(3) –
(i) after
the words “certificate of insurance” there shall be inserted the
words “or insurance disc”; and
(ii) the words “not
exceeding five hundred pounds” shall be deleted”.
ARTICLE 8
In Article 18 of
the principal Law –
(a) in paragraph (1), for
the words “such maximum penalty, not exceeding a fine of one hundred
pounds, as may be prescribed by the order” there shall be substituted the
words “a fine not exceeding two hundred pounds”; and
(b) in paragraph (2), for
the words “two hundred and fifty pounds” there shall be substituted
the words “five hundred pounds”.
ARTICLE 9
(1) This
Law may be cited as the Motor Traffic (Third-Party Insurance) (Amendment No. 8)
(Jersey) Law 1993.
(2) This
Law shall come into force on such day as the States may by Act appoint and
different days may be appointed for different purposes or different provisions
of this Law.
G.H.C. COPPOCK
Greffier of the States.