Jersey R & O 4317
Motor Traffic (Third-Party Insurance) (Jersey) Law 1948.
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MOTOR TRAFFIC (THIRD-PARTY INSURANCE) (JERSEY) ORDER, 1961.
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THE DEFENCE COMMITTEE, in pursuance of
the Motor Traffic (Third-Party Insurance) (Jersey) Law, 1948, hereby orders as follows: -
PART I
1.-(1) In this Order, unless the context
otherwise requires –
“the Law” means the Motor Traffic (Third-Party
Insurance) (Jersey) Law, 1948;1
“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 five
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 I of the Schedule to this Order which has been duly made and completed
subject to and in accordance with the provisions set out in Part II 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 paragraph (1) of Article 15 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 thereof 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 aforesaid shall be issued not later than four 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 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 paragraph (5)
of 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 thereof 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 attorney or attorneys duly appointed under sub-paragraph (c)
of that paragraph.
(2) Any
certificate issued in accordance with paragraph (1) of this Article 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. Any
person applying for the issue of a licence under the Motor Vehicle Duty
(Jersey) Law, 1957, shall, subject to the provisions
of Article 5 of the Motor Vehicles (International Insurance Card) (Jersey)
Order, 1958, produce to the Treasurer of the
States a certificate of insurance indicating that, on the date when the licence
is to become operative, there will be in force a policy in relation to the user
of the motor vehicle by the applicant, or by other persons on his order or with
his permission:
Provided that there may be produced in lieu thereof–
(i) in
the case where the motor vehicle is one of more than ten vehicles owned by the
same person in respect of which a policy or policies of insurance have been
obtained by him from the same authorized insurer, a statement duly
authenticated by the authorized insurer to the effect that on the date when the
licence is to become operative an insurance policy which complies with the Law
will be in force in relation to the user of the motor vehicle;
(ii) in
the case of a motor vehicle owned by an authority referred to in paragraph (5)
of Article 2 of the Law, a certificate in Form D signed by some person
authorized in that behalf by such authority, that the vehicle in respect of
which the application for a licence is made is owned by such authority;
(iii) in the
case of a motor vehicle to which Article 2 of the Law does not apply by reason
of the owner thereof having complied with the provisions of paragraph (6) of
that Article, a certificate in Form E signed by the owner of the vehicle, or by
his attorney or attorneys duly appointed under sub-paragraph (c) of that
paragraph, to the effect that such owner has complied with the provisions of
that paragraph:
Provided further that a person engaged in the business of letting
motor vehicles on hire shall not, when applying for such a licence, be required
to comply with this Article if the motor vehicle in respect of which
application for the licence is made is intended to be used solely for the
purpose of being let on hire and driven by the person by whom the motor vehicle
is hired or by persons under his control.
7.-(1) Every authorized insurer by whom a
policy is issued shall keep a record of the following particulars relative
thereto and of any certificates issued in connexion therewith –
(a) the
full name and address of the person to whom the policy or certificate is
issued;
(b) in
the case of a policy relating to one or more specified motor vehicles, the
index mark and the registration number 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.
(2) Every
authority referred to in paragraph (5) of Article 2 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 paragraph (6) of Article 2 of
the Law shall keep a record of the motor vehicles owned by him and of any
certificates issued by him 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
Committee or the Constable of a parish, furnish any particulars thereof,
without charge, to the Committee or the Constable, as the case may be.
8. 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 death, the insurer
shall forthwith notify the Committee of the date on which the policy ceased to
be effective.
9. 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 seven days from the date on which it is transferred,
suspended or ceases to be effective return any relative certificates 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 have been returned to the insurer or the insurer is
satisfied that they have been lost or destroyed.
10. Where
any authorized insurer by whom a certificate of insurance has been issued is
satisfied that the certificate has become defaced or has been lost or
destroyed, the insurer shall, if requested so to do by the person to whom the
certificate was issued, issue him a fresh certificate. In the case of a defaced
certificate the insurer shall not issue a fresh certificate unless the defaced
certificate is returned to him.
PART II
11.-(1) The Committee 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 the
principal places of business thereof and of the names and addresses of its or
his 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 one shilling, and any
person inspecting the register may take a copy of any entry therein.
12. Any
person acting in contravention of or failing to comply with any of the
provisions of this Order shall for each offence be liable to a fine not
exceeding twenty pounds.
13. The
Motor Traffic (Third-Party Insurance) (Jersey) Order, 1948, and the
Motor Traffic (Third-Party Insurance) (Amendment) (Jersey) Order, 1949, are hereby revoked.
14. Notwithstanding
the provisions of this Order, in any case where a form of certificate
prescribed by this Order differs from the corresponding form prescribed by the
Orders revoked by Article 13 of this Order, any existing certificate or form of
certificate in the said corresponding form may continue to be issued for the
purposes of this Order, instead of in the form hereby prescribed, until the
expiration of two years after the coming into force of this Order.
15. This
Order may be cited as the Motor Traffic (Third-Party Insurance) (Jersey) Order,
1961, and shall come into force on the first day of January, 1962.
By Order of the Defence Committee,
A.D. LE BROCQ,
Deputy Greffier of the States.
13th December, 1961.
SCHEDULE
PART I
FORMS OF CERTIFICATES
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FORM A.
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CERTIFICATE OF MOTOR INSURANCE.
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Certificate No............................... Policy No.
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(Optional)
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1.
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Index mark and registration number of vehicle.
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2.
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Name of policy holder.
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3.
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Effective date of the commencement
of insurance for the purposes of the Act.
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4.
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Date of expiry of insurance.
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5.
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Persons or classes of persons entitled to drive.
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6.
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Limitation as to use.
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I/We hereby
certify that the policy to which this Certificate relates is issued in
accordance with the provisions of the Motor Traffic (Third-Party Insurance)
(Jersey) Law, 1948.
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.....…............................................
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Authorized Insurers.
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FORM B.
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CERTIFICATE OF MOTOR INSURANCE.
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Certificate
No.................................... Policy No.
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(Optional)
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1.
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Description of vehicles.
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2.
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Name of policy holder.
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3.
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Effective date of the commencement
of insurance for the purposes of the Act.
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4.
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Date of expiry of insurance.
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5.
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Persons or classes of persons entitled to drive.
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6.
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Limitation as to use.
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I/We hereby
certify that the policy to which this Certificate relates is issued in
accordance with the provisions of the Motor Traffic (Third-Party Insurance)
(Jersey) Law, 1948.
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...................................................
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Authorized Insurers.
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FORM C.
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CERTIFICATE OF MOTOR INSURANCE.
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I/We hereby
certify that this covering note is issued in accordance with the provisions
of the Motor Traffic (Third-Party Insurance) (Jersey) Law, 1948.
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Authorized
Insurers.
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FORM D.
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MOTOR TRAFFIC (THIRD-PARTY INSURANCE)
(JERSEY) LAW, 1948.
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CERTIFICATES OF
OWNERSHIP BY AUTHORITY.
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We hereby certify that
the vehicle of which the registration
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mark and number are
..................................................................................
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is the property of .........................................................................................
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.....................................................................................................................
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Signed.....….......................
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On behalf
of............….................
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FORM
E.
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MOTOR TRAFFIC
(THIRD-PARTY INSURANCE) (JERSEY) LAW, 1948.
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CERTIFICATES OF
OWNERSHIP.
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I/We hereby certify that I am/we
are the (owner) (owners) of the vehicle of which the registration mark and number
are.............................. and that I/we have complied with the
provisions of Article 2(6) of the Motor Traffic (Third-Party Insurance)
(Jersey) Law, 1948.
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Signed
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PART II
PROVISIONS RELATING TO THE FORMS
AND COMPLETION OF CERTIFICATES
1. Every
certificate issued in pursuance of the Law and of this Order shall be printed
and completed in black on white paper or similar material. This provision shall
not apply to any reproduction of a seal or a monogram or similar device
referred to in paragraph 2 of this Part of this Schedule.
2. No
certificate so issued shall contain any advertising matter either on the face
or on the back thereof:
Provided that the name and address of an authorized insurer by whom
a certificate is issued or a reproduction of the seal of the insurer or any
monogram or similar device of the insurer or the name and address of an
insurance broker shall not be deemed to be advertising matter for the purposes
of this Article if it is printed or stamped at the foot or on the back of such
certificate.
3. The
whole of each form as set out in Part I of this Schedule shall, in each case,
appear on the face of the form, the items being in the order so set out and the
certification being at the end of the form.
4. The
particulars to be inserted on the said form shall, so far as possible, appear
on the face of the form, but where in the case of any of the numbered headings
in Form A or B, this cannot conveniently be done, any part of such particulars
may be inserted on the back of the form, provided that their presence on the
back is clearly indicated under the relevant heading.
5. The
particulars inserted on any of the said forms shall not include particulars
relating to any exceptions purporting to restrict the insurance under the
relevant policy which are by Article 6 of the Law rendered of no effect as
respects the third party liabilities required by sub-paragraph (b) of paragraph
(1) of Article 3 of the Law to be covered by a policy.
6.-(1) In any case where it is intended that a
certificate of insurance or a covering note shall be effective not only in the
Island, but also in all or any of the following territories, that is to say,
Great Britain, Northern Ireland, the Isle of Man, the Island of Guernsey or the
Island of Alderney, Forms A, B and C may be modified by the addition thereto,
where necessary, of the titles of such Statutes or Laws of those territories as
may be relevant.
(2) A
certificate of insurance may contain either on the face or on the back of the
certificate a statement as to whether or not the policy to which it relates is
effective in any of the territories referred to in this paragraph.
7. Every
certificate of insurance shall be duly authenticated by or on behalf of the
authorized insurer by whom it is issued.