Jersey Law 5/1948

 

MOTOR TRAFFIC (THIRD-PARTY INSURANCE) (JERSEY) LAW, 1948.1

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A LAW   to make provision for the protection of third parties against risks arising out of the use of motor vehicles, sanctioned by Order of His Majesty in Council of the

 

2nd day of JUNE, 1948.

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(Registered on the 18th day of June, 1948).

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STATES OF JERSEY.

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The 5th day of February, 1948.

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THE STATES, subject to the sanction of His Most Excellent Majesty in Council, have adopted the following Law:-

ARTICLE 1

INTERPRETATION

(1)           In this Law, unless the context otherwise requires, the following expressions have the meanings hereby respectively assigned to them, that is to say –

“authorized insurer” has the meaning assigned thereto by paragraph (1) of Article 4 of this Law;

“certificate of insurance” has the meaning assigned thereto by Article 6 of this Law;

“the Committee”, “the Inspector”, and “Traffic Officer” have the same meanings as in the Motor Traffic (Jersey) Law, 1935;2

“hospital” has the meaning assigned thereto by paragraph (3) of Article 3 of this Law;

misdemeanour” means a “délit”;

“motor vehicle” means any mechanically propelled vehicle intended or adapted for use on a road;

“policy of insurance” includes a covering note;

“prescribed” means prescribed by an order made by the Committee under this Law;

“owner” in relation to a motor vehicle which is the subject of a hiring agreement or hire purchase agreement, means the person in possession of the motor vehicle under that agreement;

“road” means any public road, any other road to which the public has access, any bridge over which a road passes, any public place and any sea beach.

(2)           In this Law, references to a certificate of insurance in any provision relating to the surrender, or the loss or destruction, of a certificate of insurance shall, in relation to policies of insurance under which more than one certificate is issued, be construed as references to all the certificates, and shall, where any copy has been issued of any certificate, be constructed as including a reference to that copy.

ARTICLE 2

USERS OF MOTOR VEHICLES TO BE INSURED AGAINST THIRD-PARTY RISKS

(1)           Subject to the provisions of this Law, it shall not be lawful for any person to use, or to cause or permit any other person to use, a motor vehicle on a road unless there is in force in relation to the user of the vehicle by that person or that other person, as the case may be, such a policy of insurance in respect of third-party risks as complies with the requirements of this Law:

[Provided that a person shall not be convicted of an offence under this paragraph if he proves that the vehicle did not belong to him and was not in his possession under a contract of hiring or of loan, that he was using the vehicle in the course of his employment and that he neither knew nor had reason to believe that there was not in force in relation to the user of the vehicle such a policy of insurance as aforesaid.]3

(2)           If a person acts in contravention of this Article, he shall be liable to a fine not exceeding fifty pounds sterling or to imprisonment, with or without hard labour, for a term not exceeding three months, or to both such fine and imprisonment, * * * * * * * *4.

(4)           Proceedings for an offence under this Article shall be brought within a period of six months from the date of the commission of the alleged offence.

(5)           This Article shall not apply to a motor vehicle owned and used by any Department of His Majesty's Government, by the States or by any parochial authority, or to any motor vehicle at any time when it is being driven for police purposes by or under the direction of a Police or Traffic Officer or by a person employed by a police authority.

(6)           This Article shall not apply to a motor vehicle owned by a person –

(a)    who has deposited and keeps deposited with the Accountant-General of the Supreme Court of England for and on behalf of such Supreme Court the sum of fifteen thousand pounds sterling in accordance with the provisions of section 35(4) of the Act of Parliament entitled “The Road Traffic Act, 1930,” as amended by any other Act of Parliament;

(b)    who has entered into an undertaking with the Committee to the effect that any question or dispute arising out of the use in the Island by such person, or by other persons on his order or with his permission, of any motor vehicle belonging to such person shall be within the jurisdiction of the Royal Court of the Island; and

(c)    who is represented in the Island by one or more persons residing permanently in the Island duly appointed to be his attorney or his joint and several attorneys, with full power and authority to accept service of all and every form of legal process for and on behalf of such person in all actions, suits and affairs instituted and to be instituted in all Courts of Law in the Island and before all Judges, Commissioners and Arbitrators in the Island.

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ARTICLE 36

REQUIREMENTS IN RESPECT OF POLICIES

(1)           In order to comply with the requirements of this Law, a policy of insurance must be a policy which –

(a)    is issued by a person who is an authorized insurer within the meaning of this Law; and

(b)    insures each person, persons or classes of persons as may be specified in the policy in respect of any liability which may be incurred by him or them in respect of the death of or bodily injury to any person caused by or arising out of the use of the motor vehicle on a road:

Provided that such a policy shall not be required to cover –

(i)      liability in respect of the death, arising out of and in the course of his employment, of a person in the employment of a person insured by the policy, or of bodily injury sustained by such person, arising out of and in the course of his employment; or

* * * * * * * * *7

(iii)    any contractual liability.

(2)           Where any payment is made (whether or not with an admission of liability) by –

(a)    an authorized insurer under or in consequence of a policy issued under this Law; or

(b)    the owner of a vehicle to which Article 2 of this Law does not apply by reason of such owner having complied with the provisions of paragraph (6) of Article 2 of this Law;

in respect of the death of or bodily injury to any person arising out of the use of a motor vehicle on a road, and the person who has so died or been bodily injured has to the knowledge of the authorized insurer or such owner, as the case may be, received treatment at a hospital, whether as an in-patient or as an out-patient, in respect of the injury so arising, there shall also be paid by the authorized insurer or such owner to such hospital the expenses reasonably incurred by the hospital in affording such treatment, after deducting from such expenses any moneys actually received by the hospital in payment of a specific charge for such treatment, not being moneys received by the hospital under any contributory scheme:

Provided that the amount to be paid by the authorized insurer or such owner shall not exceed fifty pounds sterling for each person so treated as an in-patient, or five pounds sterling for each person so treated as an out-patient.

(3)           For the purposes of paragraph (2) of this Article, and of Articles 13 and 14 of this Law, the expression “hospital” means an institution whether owned or controlled by the States or otherwise (not being an institution carried on for profit) which provides medical or surgical treatment for in-patients and, for the purposes of paragraph (2) of this Article, the expression “expenses reasonably incurred” means –

(a)    in relation to a person who receives treatment at a hospital as an in-patient, an amount for each day on which such person is maintained in such hospital representing the average daily cost for each in-patient of the maintenance of the hospital and the staff thereof and the maintenance and treatment of the in-patients therein; and

(b)    in relation to a person who receives treatment at a hospital as an out-patient, reasonable expenses actually incurred.

ARTICLE 4

APPROVAL OF AUTHORIZED INSURERS

(1)           For the purposes of this Law, the expression “authorized insurer” means an assurance company or an underwriter for the time being approved by the Committee.

(2)           The Committee shall not approve as an authorized insurer any assurance company incorporated elsewhere than in the Island or any underwriter unless –

(a)    such assurance company or such underwriter is one in whose case the requirements of the law of the United Kingdom for the time being in force as regards the carrying on in the United Kingdom of motor vehicle insurance business are complied with; and

(b)    such assurance company or underwriter has entered into an undertaking with the Committee to the effect that –

(i)      every policy of insurance (including a covering note) issued by the company or by the underwriter, as the case may be, in accordance with the requirements of this Law, shall be deemed to be based upon a contract made in the Island under the law for the time being in force therein, and that any question or dispute arising out of such contract or policy in respect of any happening in the Island shall be within the jurisdiction of the Royal Court of the Island:

Provided that nothing in this sub-paragraph contained shall prevent the reference to arbitration of any such question or dispute; and

(ii)     so long as the company or the underwriter, as the case may be, shall be and remain an authorized insurer for the purposes of this Law, it or he, as the case may be, shall duly appoint one or more persons residing permanently in the Island to be its or his attorney or its or his joint and several attorneys, with full power and authority to accept service of all and every form of legal process for and on behalf of the company or of the underwriters, as the case may be, in all actions, suits and affairs instituted or to be instituted in all Courts of Law in the Island and before all Judges, Commissioners and Arbitrators in the Island.

ARTICLE 5

EXTENT OF LIABILITY OF AUTHORIZED INSURERS

Notwithstanding anything in any enactment, an authorized insurer issuing a policy of insurance under this Law shall be liable to indemnify the persons or classes of persons specified in the policy in respect of any liability which the policy purports to cover in the case of those persons or classes of persons, despite the fact that the person by whom the policy is effected has no insurable interest in such persons or classes of persons.

ARTICLE 6

CERTIFICATE OF INSURANCE TO BE DELIVERED TO INSURED PERSONS

A policy of insurance shall be of no effect for the purposes of this Law unless and until there is delivered by the authorized insurer to the person by whom the policy is effected a certificate (in this Law referred to as a “certificate of insurance”) in the prescribed form and containing 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.

ARTICLE 7

DUTY OF INSURERS TO SATISFY JUDGMENTS AGAINST PERSONS INSURED IN RESPECT OF THIRD-PARTY RISKS

(1)           If, after a certificate of insurance has been delivered under Article 6 of this Law to the person by whom a policy of insurance has been effected, judgment in respect of any such liability as is required to be covered by a policy of insurance under sub-paragraph (b) of paragraph (1) of Article 3 of this Law (being a liability covered by the terms of the policy) is obtained against any person insured by the policy, then, notwithstanding that the insurer may be entitled to avoid or cancel, or may have avoided or cancelled, the policy, the insurer shall, subject to the provisions of this Article, pay to the persons entitled to the benefit of the judgment any sum payable thereunder in respect of the liability, including any amount payable in respect of costs and any sum payable in respect of interest on that sum according to the law or custom of the Island.

(2)           No sum shall be payable by an insurer under the foregoing provisions of this Article –

(a)    in respect of any judgment, unless before or within seven days after the commencement of the proceedings in which judgment was given, the insurer had notice of the bringing of the proceedings; or

(b)    in respect of any judgment, so long as execution thereon is stayed pending an appeal; or

(c)    in connexion with any liability, if before the happening of the event which was the cause of the death or bodily injury giving rise to the liability, the policy was cancelled by mutual consent or by virtue of any provision contained therein, and either –

(i)      before the happening of the said event the certificate was surrendered to the insurer, or the person to whom the certificate was delivered made before the Bailiff or a Jurat of the Royal Court an affidavit to the effect that the certificate had been lost or destroyed, and delivered such affidavit to the insurer; or

(ii)     after the happening of the said event, but before the expiration of a period of fourteen days from the taking effect of the cancellation of the policy, the certificate was surrendered to the insurer, or the person to whom the certificate was delivered made in the foregoing manner such an affidavit as aforesaid, and delivered the same to the insurer; or

(iii)    either before or after the happening of the said event, but within the said period of fourteen days, the insurer has commenced proceedings under this Law in respect of the failure to surrender the certificate.

(3)           No sum shall be payable by an insurer under the foregoing provisions of this Article, if, in an action commenced in the Royal Court, in or out of term, before, or within three months after, the commencement of the proceedings in which the judgment was given, he has obtained a declaration that, apart from any provision contained in the policy, he is entitled to avoid it on the ground that it was obtained by the non-disclosure of a material fact, or by a representation of fact which was false in some material particular, or, if he has avoided the policy on that ground, that he was entitled to do so apart from any provision contained in it:

Provided that an insurer who has obtained such a declaration as aforesaid in an action shall not thereby become entitled to the benefit of this paragraph as respects any judgment obtained in proceedings commenced before the commencement of that action, unless before or within seven days after the commencement of that action he has given notice thereof to the person who is the plaintiff in the said proceedings specifying the non-disclosure or false representation on which he proposes to rely, and any person to whom notice of such an action is so given shall be entitled, if he thinks fit, to be made a party thereto.

(4)           If the amount which an insurer becomes liable under this Article to pay in respect of a liability of a person insured by a policy of insurance exceeds the amount for which he would, apart from the provisions of this Article, be liable under the policy in respect of that liability, he shall be entitled to recover the excess from that person.

(5)           In this Article the expression “material” means of such a nature as to influence the judgment of a prudent insurer in determining whether he will take the risk, and, if so, at what premium and on what conditions, and the expression “liability covered by the terms of the policy” means a liability which is covered by the policy or which would be so covered but for the fact that the insurer is entitled to avoid or cancel, or has avoided or cancelled, the policy.

ARTICLE 8

BANKRUPTCY OF INSURED PERSONS NOT TO AFFECT CERTAIN CLAIMS BY THIRD PARTIES

Where a certificate of insurance has been delivered under Article 6 of this Law to the person by whom a policy of insurance has been effected, the happening in relation to any person insured by the policy of any of the events specified in sub-paragraphs (a) to (j) inclusive, of paragraph (1) of Article 1 of the Third Parties (Rights against Insurers) (Jersey) Law 1948,8 shall, notwithstanding anything in that Law, not affect any such liability of that person as is required to be covered by a policy of insurance under sub-paragraph (b) of paragraph (1) of Article 3 of this Law, but nothing in this Article shall affect any rights against the insurer conferred by that Law on the person to whom the liability was incurred.

ARTICLE 9

AVOIDANCE OF RESTRICTIONS ON SCOPE OF POLICIES COVERING THIRD-PARTY RISKS

Where a certificate of insurance has been delivered under Article 6 of this Law to the person by whom a policy of insurance 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 –

(a)    the age or physical or mental condition of persons driving the vehicle; or

(b)    the condition of the vehicle; or

(c)    the number of persons that the vehicle carries; or

(d)    the weight or physical characteristics of the goods that the vehicle carries; or

(e)    the time at which or the areas within which the vehicle is used; or

(f)     the horse power or value of the vehicle; or

(g)    the carrying on the vehicle of any particular apparatus; or

(h)    the carrying on the vehicle of any particular means of identification other than any means of identification required to be carried by or under any enactment for the time being in force in the Island;

shall, as respects such liabilities as are required to be covered by a policy of insurance under sub-paragraph (b) of paragraph (1) of Article 3 of this Law, be of no effect:

Provided that nothing in this Article shall require an insurer to pay any sum in respect of the liability of any person otherwise than in or towards the discharge of that liability, and any sum paid by an insurer in or towards the discharge of any liability of any person which is covered by the policy by virtue only of this Article shall be recoverable by the insurer from that person.

ARTICLE 10

DUTY OF PERSONS AGAINST WHOM CLAIMS ARE MADE TO GIVE INFORMATION AS TO INSURANCE

(1)           Any person against whom a claim is made in respect of any such liability as is required to be covered by a policy of insurance under sub-paragraph (b) of paragraph (1) of Article 3 of this Law shall, on demand by or on behalf of the person making the claim, state whether or not he was insured in respect of that liability by any policy of insurance having effect for the purposes of this Law, or would have been so insured if the insurer had not avoided or cancelled the policy, and, if he was or would have been so insured, give such particulars with respect to that policy as were specified in the certificate of insurance delivered in respect thereof under Article 6 of this Law.

(2)           If, without reasonable excuse, any person fails to comply with the provisions of this Article, or wilfully makes any false statement in reply to any such demand as aforesaid, he shall be guilty of an offence.

ARTICLE 11

DUTY TO SURRENDER CERTIFICATE ON CANCELLATION OF POLICY

Where a certificate of insurance has been delivered under Article 6 of this Law to the person by whom 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 to whom the certificate was delivered shall, within seven days from the taking effect of the cancellation, surrender the certificate to the insurer or, if it has been lost or destroyed, make an affidavit to that effect before the Bailiff or a Jurat of the Royal Court and deliver such affidavit to the insurer, and if he fails to do so he shall be guilty of an offence.

ARTICLE 12

CERTAIN CONDITIONS IN POLICIES TO BE OF NO EFFECT

Any condition in a policy of insurance issued for the purposes of this Law, 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 be of no effect in connexion with such claims as are mentioned in sub-paragraph (b) of paragraph (1) of Article 3 of this Law:

Provided that nothing in this Article shall be taken to render void any provision in a policy of insurance requiring the person 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 third parties.

ARTICLE 13

PAYMENTS AND INSURANCE IN RESPECT OF EMERGENCY TREATMENT OF INJURIES ARISING FROM THE USE OF MOTOR VEHICLES ON ROADS

(1)           Where medical or surgical treatment or examination is immediately required as a result of bodily injury (including fatal injury) to any person caused by, or arising out of, the use of a motor vehicle on a road, and the treatment or examination so required (in this Article referred to as “emergency treatment”) is effected by a medical practitioner authorized to practise in the Island, the person who was using the vehicle at the time of the event out of which the bodily injury arose shall, on a claim being made in accordance with the provisions of Article 14 of this Law, pay to the practitioner, or, where emergency treatment is effected by more than one practitioner, to the practitioner [by whom it is first effected, such fee as the States may by Regulations prescribe].9

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(2)           Where emergency treatment is first effected in a hospital, the provisions of paragraph (1) of this Article with respect to the payment of a fee shall, so far as applicable, have effect with the substitution of references to the hospital for references to a medical practitioner.

(3)           Liability incurred under this Article by the person using a vehicle shall, where the event out of which it arose was caused by the wrongful act of another person, be treated for the purposes of any claim to recover damage by reason of that wrongful act as damage sustained by the person using the vehicle.

(4)           In sub-paragraph (b) of paragraph (1) of Article 3 of this Law, the reference to liability in respect of death or bodily injury shall be deemed to include a reference to liability to make a payment under this Article in respect of emergency treatment required as a result of bodily injury, and the proviso to that sub-paragraph shall not have effect as respects liability to make a payment under this Article.

ARTICLE 14

PROVISIONS AS TO CLAIMS FOR, AND SUPPLEMENTARY PROVISIONS AS TO, PAYMENTS FOR EMERGENCY TREATMENT

(1)           The Constable of a parish and the Inspector shall, if so requested by a person who alleges that he is entitled to claim a payment under Article 13 of this Law, furnish to that person any information at their disposal as to the identification marks of any motor vehicle which that person alleges to be a vehicle out of the use of which the bodily injury arose, and as to the identity and address of the person who was using the vehicle at the time of the event out of which it arose.

(2)           A claim for a payment under Article 13 of this Law may be made at the time when the emergency treatment is effected, by oral request to the person who was using the vehicle, and, if not so made, must be made by request in writing served on him within seven days from the day on which the emergency treatment was effected.

(3)           A request in writing must be signed by the claimant or, in the case of a hospital, by an executive officer thereof, must state the name and address of the claimant, the circumstances in which the emergency treatment was effected, and that it was first effected by the claimant or, in the case of a hospital, in the hospital.

(4)           A request in writing may be served by delivering it to the person who was using the vehicle or by sending it in a prepaid registered letter addressed to him at his usual or last-known address.

(5)           A sum payable under Article 13 of this Law shall be recoverable as if it were a simple contract debt due from the person who was using the vehicle to the practitioner or the hospital.

(6)           A payment made under Article 13 of this Law to a practitioner or hospital shall operate as a discharge, to the extent of the amount paid, of any liability of the person who was using the vehicle, or of any other person, to pay any sum in respect of the expenses or remuneration of the practitioner or hospital of or for effecting the emergency treatment.

(7)           A payment under Article 13 of this Law shall not be deemed to be a payment by an authorized insurer or owner for the purposes of paragraph (2) of Article 3 of this Law.

ARTICLE 1511

REQUIREMENTS AS TO PRODUCTION OF CERTIFICATE OF INSURANCE

(1)           Any person driving a motor vehicle on a road shall, on being so required by a Police or Traffic Officer, give his name and address, and the name and address of the owner of the vehicle, and produce his certificate, and, if he fails to do so, he shall be guilty of an offence:

Provided that, if the driver of a motor vehicle, within seven days after the production of his certificate was so required, produces his certificate in person to such Police or Traffic Officer at such place as may be notified to him at the time its production was required, he shall not be convicted of an offence under this paragraph by reason only of failure to produce his certificate.

(2)           If in any case where, owing to the presence of a motor vehicle on a road, an accident occurs involving personal injury to another person, the driver of the vehicle does not at the time produce his certificate to a Police or Traffic Officer, he shall, as soon as possible, and in any case within seven days of the occurrence of the accident, produce his certificate in person to a Police Officer of the parish in which the accident occurred, and, if he fails to do so, he shall be guilty of an offence.

(3)           It shall be the duty of the owner of a motor vehicle to give such information as he may be required by a Police or Traffic Officer to give for the purposes of determining whether the vehicle was or was not being driven in contravention of Article 2 of this Law on any occasion when the driver was required under this Article to produce his certificate, and, if the owner fails to do so, he shall be guilty of an offence.

(4)           In this Article the expression “produce his certificate means produce for examination the relevant certificate of insurance, or such other evidence as may be prescribed, that the vehicle is not or was not being driven in contravention of Article 2 of this Law.

ARTICLE 16

POWER TO MAKE ORDERS

(1)           The Committee may make orders for prescribing anything which may be prescribed under this Law and generally for the purpose of carrying this Law into effect, and, in particular, but without prejudice to the generality of the foregoing provisions, may make orders –

(a)    as to the forms to be used for the purposes of this Law;

(b)    as to applications for and the issue of certificates of insurance and any other documents which may be prescribed, and as to the keeping of records of documents and the furnishing of particulars thereof or the giving of information with respect thereto to the Committee or the Constable of a parish;

(c)    as to the issue of copies of any such certificates or other documents which are lost or destroyed;

(d)    as to the custody, production, cancellation and surrender of any such certificates or other documents;

(e)    for requiring any person applying for the issue of any receipt for the payment of tax in respect of the user on a road of a motor vehicle, in accordance with the provisions of the enactments for the time being in force relating to the taxation of motor vehicles, to produce such evidence as may be prescribed –

(i)      that, on the date when such receipt comes into operation, there will be in force the necessary policy of insurance relating to the user of the vehicle by the applicant or by other persons on his order or with his permission; or

(ii)     that the vehicle is a vehicle to which Article 2 of this Law does not apply either by reason of the fact that it is a motor vehicle owned by an authority referred to in paragraph (5) of that Article or by reason of the owner having complied with the provisions of paragraph (6) of that Article;

(f)     for providing that any provisions of this Law shall, in relation to motor vehicles brought into the Island by persons making only a temporary stay therein, have effect subject to such modifications and adaptations as may be prescribed.

(2)           Every order made under this Article –

(a)    shall come into force on the date prescribed thereby;

(b)    may be amended or revoked by a subsequent order;

(c)    shall remain in force until revoked; and

(d)    shall be laid before the States as soon as may be after it is made, and if the States, within the period of twenty-one days beginning with the day on which such order is laid before them, resolve that it be annulled, it shall cease to have effect, but without prejudice to anything previously done thereunder or to the making of any new order.

(3)           The Greffier of the States shall cause every order made under this Article to be printed and shall cause to be published in two newspapers circulating in the Island,12 one being a publication in French and the other a publication in English, a notice stating that the order has been made, the date of the coming into force thereof and the place at which printed copies thereof may be purchased.

ARTICLE 17

FALSIFICATION AND WRONGFUL USE OF CERTIFICATES

(1)           If, with intent to deceive, any person –

(a)    makes, in order that it may be used as genuine, or alters or uses or lends to or allows to be used by any other person, a certificate of insurance under this Law; or

(b)    makes or has in his possession any document so closely resembling such a certificate as to be calculated to deceive;

he shall be guilty of a misdemeanour and shall be liable on conviction to a fine not exceeding one hundred pounds sterling or to imprisonment, with or without hard labour, for a term not exceeding two years, or to both such fine and imprisonment.

(2)           If any person for the purpose of obtaining the issue of a certificate of insurance under this Law makes any false statement or withholds any material information, he shall be liable to a fine not exceeding fifty pounds sterling or to imprisonment, with or without hard labour, for a term not exceeding six months, or to both such fine and imprisonment.

(3)           If any person issues a certificate of insurance which is to his knowledge false in any material particular, he shall be liable to a fine not exceeding one hundred pounds sterling or to imprisonment, with or without hard labour, for a term not exceeding six months, or to both such fine and imprisonment.

(4)           In this Article the expression “certificate of insurance” includes any document issued under an order made by the Committee in pursuance of its power under this Law to prescribe evidence which may be produced in lieu of a certificate of insurance.

ARTICLE 18

PENALTIES

(1)           If any person acts in contravention of or fails to comply with any provision of an order made by the Committee under this Law, contravention of or failure to comply with which is not made an offence under any other provision of this Law, he shall for each offence be liable to such maximum penalty, not exceeding a fine of twenty pounds sterling, as may be prescribed by the order.

(2)           A person guilty of an offence under this Law for which no special penalty is provided shall be liable, in the case of the first offence, to a fine not exceeding ten pounds sterling or to imprisonment, with or without hard labour, for a term not exceeding one month, and, in the case of a second or subsequent conviction, to a fine not exceeding fifty pounds sterling or to imprisonment, with or without hard labour, for a term not exceeding three months.

ARTICLE 19

APPLICATION OF FINES

With the exception of fines imposed in respect of offences under Article 17 of this Law, which fines shall be for the benefit of His Majesty, all fines imposed in respect of offences under this Law or any order made thereunder shall be paid into the General Revenues of the States.

ARTICLE 20

COMMENCEMENT

This Law shall come into force on such day or days as the States may by Act appoint13 and different days may be fixed for different purposes and different provisions of this Law.

ARTICLE 21

SHORT TITLE

This Law may be cited as the Motor Traffic (Third-Party Insurance) (Jersey) Law, 1948.



1        See also R & O's 4317, 5759 and 6176.

2        Page 160 of this Tome.

3        Proviso inserted by Road Traffic (Miscellaneous Provisions) (Jersey) Law, 1962 (Volume 1961–1962, page 585).

4        Words deleted as of no effect by virtue of paragraph (2) of Article 30 of the Road Traffic (Miscellaneous Provisions) (Jersey) Law, 1962 (Volume 1961, 1962, page 586).

5        Paragraph (7) repealed by Motor Traffic (Third-Party Insurance) (Amendment) (Jersey) Law, 1968 (Volume 1968–1969, page 81).

6        See also Article 1 of the Motor Traffic (Third-Party Insurance) (Amendment No. 3) (Jersey) Law, 1972 (Volume 1970-1972, page 227).

7        Sub-paragraph (ii) repealed by Motor Traffic (Third-Party Insurance) (Amendment No. 3) (Jersey) Law, 1972 (Volume 1970–1972, page 277).

8        Page 479 of this Tome.

9        Words substituted by Motor Traffic (Third-Party Insurance) (Amendment No. 2) (Jersey) Law, 1972 (Volume 1970–1972, page 269).

10      Sub-paragraphs (a) and (b) repealed by Motor Traffic (Third-Party Insurance) (Amendment No. 2) (Jersey) Law, 1972 (Volume 1970–1972, page 269).

11      See Road Traffic (Jersey) Law, 1956 – Article 7 – as amended by R & O 4778.

12      See Official Publications (Jersey) Law, 1960 (Volume 1957–1960, page 572).

13      See R & O – 2224.


Page Last Updated: 09 Jun 2015