Jersey Law 8/1972

 

MOTOR TRAFFIC (THIRD - PARTY INSURANCE) (AMENDMENT No. 3) (JERSEY) LAW, 1972.

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A LAW     to amend further the Motor Traffic (Third-Party Insurance) (Jersey) Law, 1948, sanctioned by Order of the

 

1st day of MARCH, 1972,

                          of the Counsellors of State on behalf of Her Majesty.

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(Registered on the 7th day of April, 1972).

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STATES OF JERSEY.

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The 30th day of November, 1971.

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

ARTICLE 1

(1)           Clause (ii) of the proviso to paragraph (1) of Article 3 of the Motor Traffic (Third-Party Insurance) (Jersey) Law, 1948,1 as amended (hereinafter referred to as “the principal Law”) is hereby repealed.

(2)           Where after the coming into force of this Law a person uses a motor vehicle in circumstances such that under Article 2 of the principal Law there is required to be in force in relation to his use of it such a policy of insurance as is mentioned in paragraph (1) of that Article, then, if any other person is carried in or upon the vehicle while the user is so using it, any antecedent agreement or understanding between them (whether intended to be legally binding or not) shall be of no effect so far as it purports or might be held –

(a)     to negative or restrict any such liability of the user in respect of persons carried in or upon the vehicle as is required by Article 3 of the principal Law to be covered by a policy of insurance; or

(b)     to impose any conditions with respect to the enforcement of any such liability of the user;

and the fact that a person so carried has willingly accepted as his the risk of negligence on the part of the user shall not be treated as negativing any such liability of the user.

For the purposes of this paragraph references to a person being carried in or upon a vehicle include references to a person entering or getting on to, or alighting from, the vehicle and the reference to an antecedent agreement is to one made at any time before the liability arose.

ARTICLE 2

(1)           This Law may be cited as the Motor Traffic (Third-Party Insurance) (Amendment No. 3) (Jersey) Law, 1972, and this Law, the Motor Traffic (Third-Party Insurance) (Jersey) Laws, 1948 to 1968, and the Motor Traffic (Third-Party Insurance) (Amendment No. 2) (Jersey) Law, 1972, may be cited together as the Motor Traffic (Third-Party Insurance) (Jersey) Laws, 1948 to 1972.

(2)           This Law shall come into force on the first day of December, 1972.

 

E.J.M. POTTER,

 

Greffier of the States.



1        Tome 1946–1948, page 439.


Page Last Updated: 27 Apr 2016