Motor Traffic
(Third-Party Insurance) (Visiting Drivers) (Jersey) Order 2013
1 Interpretation
In this Order, unless the context otherwise
requires –
“green card” means an international certificate of
insurance issued on behalf of a national insurers’ bureau in accordance
with Recommendation No. 5 adopted on 25th January 1949 by the
Road Transport Sub-committee of the Inland Transport Committee of the United
Nations Economic Commission for Europe;
“hired motor vehicle” means a motor vehicle which
is –
(a) designed
for private use and with seats for not more than 8 persons, excluding the
driver;
(b) specified
in a green card;
(c) last
brought into Jersey by a person making only a temporary stay; and
(d) owned
and let for hire by a person whose business includes the letting of vehicles
for hire and whose principal place of business is outside Jersey;
“hiring visitor” means a person to whom a hired motor
vehicle is let on hire, who is making only a temporary stay in Jersey and is
named as the insured or user of that vehicle in the green card in which that
vehicle is specified;
“Law” means the Motor Traffic (Third-Party Insurance) (Jersey)
Law 1948;[1]
“member” means a member of a national insurers’
bureau that is a signatory to the multilateral agreement;
“Motor Insurers’ Bureau” means the company of that
name incorporated on 14th June 1946 under the Companies Act 1929
of the United Kingdom;
“multilateral agreement” means the Agreement between the
national insurers’ bureaux of the Member States of the European Economic
Area and other Associate States, concluded in Rethymno (Crete) on
30th May 2002 and revised in Lisbon (Portugal) on
29th May 2008, together with any addendum to the Agreement that is
signed by the Motor Insurers’ Bureau as the national insurers’
bureau for the United Kingdom of Great Britain and Northern Ireland, the
Channel Islands, Gibraltar and the Isle of Man;
“national insurers’ bureau” means a professional
organisation which is constituted in accordance with Recommendation No. 5
adopted on 25th January 1949 by the Road Transport Sub-committee of
the Inland Transport Committee of the United Nations Economic Commission for
Europe and which groups together insurance undertakings which, in a member
State, are authorized to conduct the business of motor vehicle insurance
against civil liability;
“qualifying insurance policy” means a contract of
compulsory insurance issued by a member that, in accordance with the
requirements of the multilateral agreement, covers civil liability in respect
of the use of a vehicle in Jersey;
“visitor” means a person bringing a motor vehicle into Jersey,
making only a temporary stay and named in a green card as the insured or user
of the vehicle; and includes a hiring visitor who brings a hired motor vehicle
into Jersey, but no other hiring visitor.
2 Application
of Law – qualifying insurance policy
(1) This Article applies
where a motor vehicle specified in a qualifying insurance policy is used on a
road by a person whose third party liability is covered by the policy.
(2) Article 2 of the
Law shall have effect as though the qualifying insurance policy were a policy
of insurance complying with the requirements of the Law and having effect for
the purposes of the Law, in relation to such use.
(3) Article 3(2) to
(4) of the Law shall have effect as though –
(a) the
qualifying insurance policy were a policy of insurance complying with the
requirements of the Law and having effect for the purposes of the Law, in
relation to such use; and
(b) the
member issuing the policy were an authorized insurer.
(4) Article 10 of the
Law shall have effect as though the qualifying insurance policy were a policy
of insurance under Article 3(1)(b) of the Law.
(5) Article 15 of the Law
shall have effect as though the qualifying insurance policy were a certificate
of insurance.
3 Application
of Law – valid green card
(1) For the purposes of
this Order, a green card shall be valid only if –
(a) the
motor vehicle specified in the card is brought into Jersey during the period of
validity so specified;
(b) the
application of the card in Great Britain and Northern Ireland is indicated on
it;
(c) all
relevant information provided for in the card has been inscribed on the card;
and
(d) the
card has been duly signed by the visitor and the insurer named in the card and,
in the case of a hired motor vehicle, by every hiring visitor who is named in
the card as the insured or user.
(2) Paragraphs (3) to
(7) apply where a motor vehicle specified in a valid green card is used on a
road by –
(a) the
visitor to whom the card was issued;
(b) any
hiring visitor named in the card; or
(c) any
other person, on the order or with the permission of the said visitor or said
hiring visitor.
(3) Article 2 of the
Law shall have effect as though the valid green card were a policy of insurance
complying with the requirements of the Law and having effect for the purposes
of the Law, in relation to such use.
(4) Article 3(2) to
(4) of the Law shall have effect as though the valid green card were a policy of
insurance –
(a) issued
by an authorized insurer; and
(b) complying
with the requirements of the Law and having effect for the purposes of the Law,
in relation to such use.
(5) Article 15 of the Law
shall have effect as though the valid green card were a certificate of
insurance.
(6) Where the motor vehicle
remains in Jersey after the expiry of the period of validity specified in the
green card, then as respects any period whilst it so remains during which the
vehicle is in Jersey the card shall not be regarded as having ceased to be in
force for the purposes of Articles 2 and 3(2) to (4) of the Law
by reason only of the expiry of the period of validity specified in the card.
(7) Where a claim is
made –
(a) in
respect of any such liability as is required to be covered by a policy of
insurance under Article 3(1)(b) of the Law; and
(b) arising
out of the use on a road of a motor vehicle specified in a valid green card
card by the visitor to whom it was issued or any hiring visitor named in it, or
by any other person on the order or with the permission of the said visitor or
hiring visitor,
the person against whom the claim is made shall give to the person
making the claim, on the person’s demand –
(i) the
serial letter or letters and number shown in the card,
(ii) the
name of the national insurers’ bureau under whose authority it was
provided, and
(iii) the
name and address of the person specified in it as the insured or user of the
vehicle.
4 Application
of Law – motor vehicles from the United Kingdom, Guernsey, Alderney
or the Isle of Man
(1) This Article applies
where a motor vehicle is brought into Jersey from the United Kingdom, Guernsey,
Alderney or the Isle of Man by a person making only a temporary stay in Jersey,
who is the holder of a policy of insurance which –
(a) complies
with the Road Traffic Act 1988 of the United Kingdom or with the
corresponding enactments of Northern Ireland, Guernsey, Alderney or the Isle of
Man; and
(b) covers
the driving of the motor vehicle in Jersey.
(2) Any certificate of
insurance issued in respect of such policy shall have effect as a policy of
insurance or a certificate of insurance respectively for the purposes of the Law
and of Part 1 of the Motor Traffic (Third-Party Insurance) (Jersey)
Order 1961.
(3) Paragraph (2)
shall not be taken to require the display of an insurance disc on the motor
vehicle, if such display is not required by the enactment in compliance with
which the policy of insurance is issued.
(4) The assurance company
or underwriter who issued the certificate of insurance shall, for the purposes
of the Law, be taken to be the authorized insurer under or in consequence of a
policy of insurance issued under the Law.
5 Citation
This Order may be cited as
the Motor Traffic (Third-Party Insurance) (Visiting Drivers) (Jersey)
Order 2013.