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Fiji Legislation |
LAWS OF FIJI
Rev. Edition
1985
CHAPTER 177
MOTOR VEHICLES (THIRD PARTY INSURANCE)
TABLE OF PROVISIONS
SECTION
1.
Short title
2.
Interpretation
3. Application for
approval and order
4. Users of motor
vehicles to be insured against third party
risks
5.
Exemptions
6. Requirements in respect
of policies
7. Payments and insurance
in respect of emergency treatment of injuries arising from the use of motor
vehicles
8. Provisions as to claims
for, and supplementary provisions as to, payments for emergency
treatment
9. Certain conditions of
policies to be of no effect
10.
Avoidance of restrictions on the scope of policies covering third party
risks
11. Duty of insurance company to
satisfy judgments against persons insured in respect of third party
risks
12. Rights of third parties
against insurance companies
13. Duty
to give information to third
parties
14. Certain settlements
between insurer and insured to be of no
effect
15. Bankruptcy, etc., of
insured persons not to affect certain
claims
16. Owner to give insurance
company notice of all accidents affecting motor vehicles and of consequent
actions
17. Insurance company may
settle claims
18. Proceedings may be
stayed on refusal or neglect to allow medical
examination
19. Surrender of
certificate of insurance on cancellation of
policy
20. Certificates to be
produced
21. Duty of
owner
22. False statements and
falsification
23. Reference to
certificate deemed to be reference to certificates where more than one
issued
24. Passengers for hire not to
contract themselves out of benefits conferred by this
Act
25. Prohibition against soliciting
for authority to make claims and commence actions,
etc.
26. Applicant for vehicle licence
to produce evidence of necessary
insurance
27. Appeal against refusal
to issue or against cancellation of
policy
28. General
penalty
29.
Regulations
30. Application of section
4 to use of Government motor vehicles
-----------------------------------------------
CHAPTER
177
MOTOR VEHICLES
(THIRD PARTY INSURANCE)
Ordinances
Nos. 19 of 1948, 27 of 1954, 8 of
1956,
12 of 1964,
7 of 1966, 37 of 1966, 40 of
1969,
Legal Notice
No. 112 of 1970.
AN ACT TO MAKE PROVISION FOR COMPULSORY INSURANCE AGAINST THIRD PARTY RISKS ARISING OUT OF THE USE OF MOTOR VEHICLES.
[1 October 1954]
Short title
1. This Act may be cited
as the Motor Vehicles (Third Party Insurance) Act.
Interpretation
2.-(1) In this Act, unless
the context otherwise requires-
"approved insurance company" means an insurance company approved by the Minister for the purposes of this Act;
"driving licence" means a licence to drive a motor vehicle granted under the provisions of any Traffic Act for the time being in force;
"hospital" means an institution, not being an institution carried on for profit, which provides medical or surgical treatment for in-patients;
"passenger vehicle" means a motor vehicle used for carrying passengers for hire or reward whether on an isolated occasion or otherwise;
"use" means use on a road.
(2)
If any word or expression used in this Act is defined in any Traffic Act for the
time being in force, such word or expression
shall, unless the context otherwise
requires, bear in this Act the meaning assigned to it in such Traffic
Act.
(Amended by
Ordinance 12 of 1964, s. 2; 7 of 1966, s. 30; 37 of 1966, s. 81; Legal Notice
112 of 1970)
Application for approval and order
3.-(1) An insurance
company willing to undertake insurance business in terms of this Act may apply
to the Minister by petition under
the hand of the principal officer of the
company in Fiji to be declared an approved insurance company under this
Act.
(2) Every application under
the provisions of subsection (1) shall contain or be accompanied by a
certificate under the seal of the
company that the company is willing to
undertake insurance business in Fiji in terms of this Act. On receipt of such
application
and certificate, the Minister may, by order, declare the company to
be an approved insurance company for the purposes of this
Act.
(3) A certificate under the
provisions of subsection (2) may be revoked by notice to such effect under the
seal of the company delivered
to the Minister and the company shall thereupon
cease to be an approved insurance company and the declaration of approval shall
be
cancelled by order of the
Minister:
Provided that such
revocation shall not affect any contract of insurance entered into by that
company in accordance with this Act
prior to such revocation and, in respect of
any such contract, the company shall be deemed not to have ceased to be an
approved insurance
company.
(Amended
by Legal Notice 112 of 1970.)
Users of motor vehicles to be insured against third party risks
4.-(1) Subject to the
provisions of section 5, no person shall use, or cause or permit any other
person to use, a motor vehicle unless
there is in force in relation to the use
of that motor vehicle by such person or other person, as the case may be, such a
policy
of insurance in respect of third party risks as complies with the
provisions of this Act.
(2) Any
person acting in contravention of this section is guilty of an offence and shall
be liable to a fine not exceeding $400 or
to imprisonment for a term not
exceeding one year or to both such fine and imprisonment and a person convicted
of an offence under
this section shall (unless the court for special reasons
thinks fit to order otherwise and without prejudice to the power of the
court to
order a longer period of disqualification) be disqualified from holding or
obtaining a driving licence for a period of 12
months from the date of
conviction.
(Substituted
by Ordinance 27 of 1954, s.
2.)
(3) A disqualification under
the provisions of subsection (2) shall be deemed to be a disqualification under
the provisions of the
Traffic Act, provided that, in respect of any
disqualification under such subsection, subsection (3) of section 30 of the said
Act
shall be read as if the words "twelve months" were substituted for the words
"six months" in the fourth line
thereof.
(Substituted
by Ordinance 27 of 1954, s. 2; amended by Ordinance 7 of 1966, s. 30.) (Cap.
176.)
Exemptions
5. The provisions of
section 4 shall not apply to any motor vehicle or type of motor vehicle declared
by order of the Minister to
be exempted from the provisions of this
Act.
(Amended by
Legal Notice 112 of 1970.)
Requirements in respect of policies
6.-(1) In order to comply
with the provisions of this Act, a policy of insurance must be a policy
which-
(a) is issued by an approved insurance company;
(b) insures such 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 vehicle:
Provided
that-
(a) such policy shall not be required to cover-
(i) liability solely arising by virtue of the provisions of the Workmen's Compensation Act; or
(Cap. 94)
(ii) save in the case of a passenger carried for hire or reward in a passenger vehicle or where persons are carried by reason of or in pursuance of a contract of employment, liability in respect of the death of or bodily injury to persons being carried in or upon or entering or getting on to or alighting from the motor vehicle at the time of the occurrence of the event out of which the claims arise; or
(iii) liability in respect of the death of or injury to a relative of the person using the vehicle at the time of the occurrence of the event out of which the claim arises, or to a person living with the person so using the vehicle as a member of his family; in this paragraph "relative" means a relative whose degree of relationship is not more remote than the fourth;
(iv) any contractual liability;
(b) such policy shall not be requited to cover liability in excess of $4,000 for any claim made by or in respect of any passenger in the motor vehicle to which the policy relates or in excess of $40,000 for all claims made by or in respect of such passengers. The amount herein specified shall be inclusive of all costs incidental to any such claim or claims.
(Amended by Ordinance 27 of 1954, s. 3; 8 of 1956, s. 2; 12 of 1964, s. 3.)
(2)
Where any payment is made, whether or not with an admission of liability, by an
approved insurance company under or in consequence
of a policy issued under the
provisions of this Act in respect of the death of or bodily injury to any
persons arising out of the
use of a motor vehicle and the person who has so died
or received bodily injury has, to the knowledge of the approved insurance
company,
received treatment at a hospital, whether as an in-patient or an
out-patient, in respect of the injury so arising, there shall be
also paid by
the approved insurance company to such hospital the expenses reasonably incurred
by such hospital in giving such treatment
after deducting any moneys actually
received by such hospital in payment of a specific charge for such
treatment:
Provided that the
amount to be paid by the approved insurance company shall not exceed $100 for
each person so treated as an in-patient
and $10 for each person so treated as an
out-patient.
(3) An approved
insurance company issuing a policy of insurance under this section shall be
liable to indemnify the persons or classes
of person specified in the policy in
respect of any liability which the policy purports to cover in the case of those
persons or
classes of person.
(4)
A policy shall be of no effect for the purposes of this Act unless and until
there is delivered by the approved insurance company
to the person by whom the
policy is effected a certificate, in this Act 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.
Payments
and insurance in respect of emergency treatment of injuries
arising
from the
use of motor vehicles
7.-(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 and the treatment or examination so required (in this
section
referred to as an "emergency treatment") is effected by a registered
medical practitioner, 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 section
8, pay to the practitioner, or, where
emergency treatment is effected by more than one practitioner, to the
practitioner by whom
it is first effected-
(a) a fee of $1.25 in respect of each person in whose case the emergency treatment is effected by him; and
(b) a sum, in respect of any distance in excess of 2 miles which he must cover in order to proceed from the place whence he is summoned to the place where the emergency treatment is carried out by him and to return to the first-mentioned place, equal to 10c for every complete mile of that distance.
(2)
Where emergency treatments is first effected in a hospital the provisions of
subsection (1) 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 registered medical
practitioner.
(3) Liability
incurred under this section 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 paragraph (b) of
subsection (1) of section 6 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 section in respect of emergency treatment required as a
result of
bodily injury, and the provisos to that paragraph shall not have
effect as regards liability to make a payment under this
section.
Provisions as to claims
for, and supplementary provisions as to, payments for emergency treatment 8.-(1)
A police officer shall, if
so requested by a person who alleges that he is
entitled to claim a payment under section 7, furnish to that person any
information
at the disposal of the officer 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 section 7 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 7 days from the day on which
the emergency treatment was
effected:
Provided that failure to
make such written request within such period aforesaid shall not be a bar to a
claim under this subsection
where the name or address of the person using the
vehicle could not be ascertained by the claimant or executive officer of the
hospital
within such period by the use of reasonable
diligence.
(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 pre-paid registered
letter addressed to him at his usual or
last-known address.
(5) A sum
payable under section 7 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
section 7 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
section 7 shall not be deemed to be a payment by an approved insurance company
for the purposes of subsection
(2) of section 6.
Certain conditions of policies to be of no effect
9. Any condition in a
policy issued for the purposes of this Act, 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 connection with such liabilities as are required to be
covered under
this Act:
Provided that nothing in
this section shall be so construed as to render void any provision in a policy
requiring the person insured
to repay to the insurance company any sums which
the insurance company may have become liable to pay under the policy and which
have
been applied to the satisfaction of the claims of the third
parties.
Avoidance of restrictions on the scope of policies covering third party risks
10. Where a certificate of
insurance has been delivered under the provisions of subsection (4) of section 6
to the person by whom
a policy has been effected, so much of the policy as
purports to restrict the insurance of the person insured thereby in respect
of
any of the following matters-
(a) the age of physical or mental condition of persons driving the motor vehicle; or
(b) the condition of the motor vehicle; or
(c) the number of persons that the motor vehicle carries; or
(d) the weight or physical characteristics of the goods that the motor vehicle carried; or
(e) the times at which or the areas within which the motor vehicle is used; or
(f) the horse power or value of the motor vehicle; or
(g) the carrying on the motor vehicle of any particular apparatus; or (h) the carrying on the motor vehicle of any particular means of identification other than any means of identification required to be carried under the provisions of the Traffic Act,
(Cap. 176.)
shall,
in respect of such liabilities as are required to be covered under this Act, be
of no effect:
Provided that
nothing in this section shall require an approved insurance company 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 approved insurance company in
or towards
the discharge of the liability of any person which' is covered by the
policy by virtue only of this section shall be recoverable
by the approved
insurance company from that person.
Duty
of insurance company to satisfy judgements against persons
insured
in respect
of third party risks
11.-(1) If, after a
certificate of insurance has been delivered under the provisions of subsection
(4) of section 6 to the person
by whom a policy has been effected, judgment in
respect of any such liability as is required to be covered by a policy under the
provisions of paragraph (b) of subsection (1) of section 6, being a liability
covered by the terms of the policy, is obtained against
any person insured by
the policy, then, notwithstanding that the insurance company may be entitled to
avoid or cancel or may have
avoided or cancelled the policy, the insurance
company shall, subject to the provisions of this section, pay to the persons
entitled
to the benefit of such judgment any sum payable thereunder in respect
of the liability, including any amount payable in respect of
costs and any sum
payable by virtue of any written law in respect of interest on that
sum.
(2) No sum shall be payable
by an approved insurance company under the provisions of subsection
(1)-
(a) in respect of any judgment unless before, or within 7 days after the commencement of the proceedings in which the judgment was given, the insurance company has 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 connection 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 provisions contained therein and either-
(i) before the happening of such event, the certificate of insurance was surrendered to the insurance company or the person to whom the certificate of insurance was delivered made a statutory declaration stating that the certificate of insurance had been lost or destroyed and so could not be surrendered; or
(ii) after the happening of such event but before the expiration of 14 days from the taking effect of the cancellation of the policy, the certificate of insurance was surrendered to the insurance company or the person to whom the certificate of insurance was delivered made a statutory declaration that the certificate of insurance had been lost or destroyed and so could not be surrendered; or
(iii) either before or after the happening of the event but within a period of 14 days from the taking effect of the cancellation of the policy, the insurance company had commenced proceedings under this Act in respect of the failure to surrender the certificate of insurance.
(3)
No sum shall be payable by an approved insurance company under the provisions of
this section if, in an action commenced before
or within 3 months after the
commencement of the proceedings in which the judgment was given, the insurance
company has obtained
a declaration that, apart from any provision contained in
the policy, the insurance company 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 a material particular
or if the company has avoided the
policy on the ground that it was entitled to do so apart from any provision
contained in it:
Provided that an
insurance company which has obtained such a declaration in an action shall not
thereby be entitled to the benefit
of the provisions of this subsection in
respect of any judgment obtained in any proceedings commenced before the
commencement of
that action unless, before or within 7 days after the
commencement of that action, it has given notice thereof to the person who
is
plaintiff in the action under the policy specifying the non-disclosure or false
representation on which it proposes to rely and
that it intends to seek a
declaration and any person to whom notice of such action is given may, if he
desires, be made a party
thereto.
(4) If the amount which
an approved insurance company, under the provisions of this section, becomes
liable to pay in respect of the
liability of a person insured by a policy
exceeds the amount for which it would, apart from the provisions of this
section, be liable
to pay under the policy in respect of that liability, it
shall be entitled to recover the excess from that
person.
(5) In this
section-
"liability covered by, the terms of the policy" means a liability which is covered by the policy or which would be so covered were it not that the insurance company is entitled to avoid or cancel or has avoided or cancelled the policy; and
"material" means of such a nature as to influence the judgment of a prudent insurer in determining whether he will accept the risk and if so at what premium and on what conditions.
Rights of third parties against insurance companies
12.-(1) Where, under a
policy issued for the purposes of this Act, a person, hereinafter referred to as
"the insured", is insured
against liabilities to third parties which he may
incur, then-
(a) in the event of the insured becoming bankrupt or making a composition or arrangement with his creditors; or
(b) in the event of the insured being a company and a winding-up order being made or a resolution for the voluntary winding-up of the company being passed in respect of the company or a receiver or manager of the company's business or undertaking being duly appointed or in the event of possession being taken by or on behalf of the holders of any debentures secured by a floating charge, of any property comprised in or subject to the charge,
if,
either before or after either event, any such liability is incurred by the
insured, his rights against the insurance company under
the policy in respect of
that liability shall, notwithstanding anything in any written law to the
contrary contained, be transferred
to and vest in the third party to whom the
liability was so incurred.
(2)
Where, under the provisions of any law, an order is made for the administration
in bankruptcy of the estate of a deceased debtor,
then, if any debt which may be
proved in bankruptcy is owing by the deceased in respect of a liability against
which he was insured
under a policy issued for the purposes of this Act as being
a liability to a third party, the rights of the deceased debtor against
the
insurance company under the policy shall, notwithstanding anything in any law to
the contrary contained, be transferred to and
vest in the person to whom the
debt is owing.
(3) Any condition
in a policy issued for the purposes of this Act purporting directly or
indirectly to avoid the policy or to after
the rights of the parties thereunder
upon the happening of any of the events specified in subsections (1) and (2)
shall be of no
effect.
(4) Upon a
transfer of rights under subsection (1) or subsection (2), the insurance company
shall, subject to the provisions of section
14, be under the same liability to
the third party as it would have been under to the insured, save
that:
(a) if the liability of the insurance company to the insured exceeds the liability of the insured to the third party, nothing in this Act shall affect the right of the insured against the insurance company in respect of such excess; and
(b) if the liability of the insurance company to the insured is less than the liability of the insured to the third party, nothing in this Act shall affect the rights of the third party against the insured in respect of the balance.
(5)
This section and sections 13 and 14 shall not apply-
(a) where a company is wound up voluntarily merely for the purposes of reconstruction or of amalgamation with another company; or
(b) to any case to which the provisions of section 27 of the Workmen's Compensation Act apply.
(Cap. 94.)
(6)
For the purposes of this section and section 13 and 14, the expression
"liabilities to third parties", in relation to a person
insured under a policy
of insurance, shall not include any liability of that person in the capacity of
insurer under some other policy
of insurance.
Duty to give information to third parties
13.-(1) Any person against
whom a claim is made in respect of any liability required to be covered by a
policy under the provisions
of this Act shall, on demand by or on behalf of the
person making such a claim, state whether or not he was insured in respect of
that liability by any policy having effect for the purposes of this Act or would
have been so insured if the insurance company had
not cancelled or avoided the
policy and, if he were or would have been so insured, give such particulars with
regard to that policy
as were specified in the certificate of insurance issued
to him in respect thereof.
(2) In
the event of any person becoming bankrupt or making a composition or arrangement
with his creditors or in the event of an order
being made under the provisions
of any law relating to bankruptcy in respect of the estate of any person or in
case of a winding-up
order being made or a resolution for a voluntary winding-up
being passed with respect to any company or of a receiver or manager
of the
company's business or undertaking being duly appointed or of possession being
taken, by or on behalf of the holders of any
debentures secured by a floating
charge, of any property comprised in or subject to the charge, it shall be the
duty of the bankrupt
debtor, personal representative of the deceased debtor and,
as the case may be, of the official assignee, trustee, liquidator, receiver,
manager, or person in possession of the property to give, at the request of any
person claiming in respect of a liability to him,
such information as may
reasonably be required to ascertain whether any rights have been transferred to
and vested in him under the
provisions of this Act, and for the purpose of
enforcing such rights, and any contract of insurance, in so far as it purports
either
directly or indirectly to avoid the contract or to alter the rights of
the parties thereunder upon the giving of any such information
or otherwise to
prohibit, prevent or limit the giving of such information, shall be of no
effect.
(3) If the information
given to any person in pursuance of the provisions of subsection (2) discloses
reasonable grounds of belief
that rights have or may have been transferred to
him under the provisions of this Act against any particular insurance company,
that
insurance company shall be subject to the same duty as is imposed by the
provisions of subsection (2) on the persons therein
mentioned.
(4) The duty imposed by
this section to give information shall include a duty to allow all contracts of
insurance, receipts for premiums
and other relevant documents in the possession,
power or control of the person on whom the duty is so imposed to be inspected
and
copies thereof to be
taken.
(5) Any person who, without
reasonable excuse, the onus of proving which shall be upon him, fails to comply
with the provisions of
this section, or who wilfully or negligently makes any
false or misleading statement in reply to a demand for information, is guilty
of
an offence.
Certain settlements between insurer and insured to be of no effect
14. Where a person who is
insured under a policy issued for the purposes of this Act has become bankrupt
or where such insured person
being a company a winding-up order has been made or
a resolution for a voluntary winding-up has been passed with respect to that
company no agreement made between the insurance company and the insured after
liability has been incurred to a third party and after
the commencement of the
bankruptcy or the winding-up, as the case may be, nor any waiver, assignment or
other disposition made by
or payment made to the insured after such commencement
shall be effective to defeat or affect the rights transferred to or vested
in
the third party under the provisions of this Act and such rights shall be the
same as if no such agreement, waiver, assignment,
disposition or payment has
been made.
Bankruptcy, etc., of insured persons not to affect certain claims
15.-(1) Where, under the
provisions of this Act, a certificate of insurance has been delivered to the
person by whom a policy has
been effected, the happening in relation to any
person insured by the policy of any of the events specified in subsection (1) or
subsection (2) of section 12, notwithstanding anything in this Act contained,
shall not affect any such liability of that person
as is required to be covered
by a policy under the provisions of this Act, but nothing in this section shall
affect any rights against
the insurer conferred under the provisions of sections
12, 13 and 14 on the person by whom the liability was
incurred.
(2) A policy issued
under the provisions of this Act shall remain in force and available for third
parties notwithstanding the death
of any person insured under such policy as if
such insured person were still alive.
Owner
to give insurance company notice of all accidents
affecting
motor
vehicles and of consequent actions
16.-(1) On the happening
of any accident affecting a motor vehicle and resulting in the death of or
personal injury to any person,
it shall be the duty of the owner, forthwith
after such accident, or, if the owner was not using the motor vehicle at the
time of
the accident, it shall be the duty of the person who was so using the
vehicle, forthwith after the accident, and of the owner, forthwith
after he
first becomes aware of the accident, to notify the insurance company of the fact
of such accident, with particulars as to
the date, nature, and circumstances
thereof, and thereafter to give all such other information and to take all such
steps as the
insurance company may reasonably require in relation thereto,
whether or not any claims have actually been made against the owner
or such
other person on account of such
accident.
(2) Notice of every
claim or action brought against the owner or made or brought against any other
person who was using the vehicle
at the time on account of any such accident
shall be forthwith given to the insurance company with such particulars as such
company
may require, in the former case, by the owner and, in the latter case,
by such other person and, where he has knowledge of clam or
action, also by the
owner.
(3) Neither the owner nor
any other person shall, without the written consent of the insurance company,
enter upon or incur the expense
o f litigation as to any matter or thing in
respect of which he is indemnified by a contract of insurance under this Act,
nor shall
he, without such consent, make any offer, promise, payment, or
settlement, or any admission of liability as to any such
matter.
(4) If the owner or such
other person fails to give any notice or otherwise fails to comply with the
requirements of this section
in respect of any matter, the insurance company
shall be entitled to recover from him as a debt due to it an amount, equal to
the
total amount including costs, paid by the insurance company in respect of
any claim in relation to such matter.
Insurance company may settle claims
17. An approved insurance
company party to a contract of insurance under this Act may, for the purposes of
such contract, undertake
the settlement of any claim against the owner or any
other person indemnified by a contract of insurance under this Act and may take
over, during such period as it thinks proper, the conduct and control on behalf
of the owner or such other person of any proceedings
taken or had to enforce any
such claim or for the settlement of any question arising with reference thereto,
and may defend or conduct
such proceedings in the name of the owner or such
other person and on his behalf and shall indemnify the owner or such other
person
against all costs and expenses of and incidental to any such proceedings
while the company retains the conduct and control thereof.
The owner and such
other person shall sign all such warrants and authorities as the company may
require for the purpose of enabling
the company to have the conduct and control
of any such proceedings.
Proceedings may be stayed on refusal or neglect to allow medical examination
18. In any case
where-
(a) an action has been brought in any court by any person for the recovery of damages in respect of bodily injury caused by or arising out of the use of a motor vehicle against the owner or driver of such vehicle; and
(b) the court is satisfied that there has (whether before or after action brought) been a refusal or neglect without reasonable cause to allow a medical examination of such person after a request on reasonable terms by such owner or driver that such person should be examined, for the purpose of the ascertainment of the nature and extent of the bodily injury sustained by such person, by a registered medical practitioner nominated by such owner or driver (as the case may be),
the
court or a judge thereof may make an order on such terms as seem proper that all
further proceedings in such action shall be stayed,
and the same shall be stayed
accordingly.
Surrender of certificate of insurance on cancellation of policy
19. Where a certificate of
insurance has been delivered under the provisions of this Act to the person by
whom a policy has been effected
and the policy is cancelled by mutual consent or
by virtue of any provision in the policy, the person to whom such certificate
was
delivered shall, within 7 days from the taking effect of the cancellation of
such policy, surrender such certificate to the insurance
company or, if such
certificate has been lost or destroyed, make a statutory declaration to that
effect and any person contravening
the provisions of this section is guilty of
an offence.
Certificates to be produced
20.-(1) Any person driving
a motor vehicle on a road shall, on being so required by a police officer, give
his name and address and
the name and address of the owner of the motor vehicle
and produce the certificate of insurance and any person contravening the
provisions
of this subsection shall be guilty of an
offence:
Provided that if such
person, within 5 days after the date on which the production of the certificate
was so required, produces the
certificate at such police station as may have
been specified by him at the time its production was required, he shall not be
convicted
of an offence under this subsection by reason only of failure to
produce the certificate to the police
officer.
(Amended
by Ordinance 7 of 1966, s.
30.)
(2) In any case where, owing
to the presence of a motor vehicle on a road, and an accident occurs involving
bodily injury to any person,
the driver of the motor vehicle shall produce the
certificate of insurance to a police officer or to any person having reasonable
grounds for requiring its production and, if any such driver, for any reason,
fails so to produce the certificate of insurance, he
shall, as soon as possible,
and in any case within 5 days of the occurrence, report the accident and produce
the certificate of insurance
to the police station nearest to the scene of the
accident or to the nearest administrative officer and any person contravening
the
provisions of this subsection shall be guilty of an offence against this
Act.
(Amended by
Ordinance 7 of 1966, s. 30.)
(3)
The provisions of this section shall be in addition to and not in derogation of
the provisions of subsection (5) of section 23
of the Traffic
Act.
(Amended by
Ordinance 7 of 1966, s. 30.) (Cap.
176.)
(4) In this section, "to
produce the certificate of insurance" means to produce for examination the
relevant certificate of insurance
or such other evidence as may be prescribed
that the motor vehicle was not being driven in contravention of the provisions
of this
Act.
Duty of
owner
21. An owner of a motor
vehicle shall give such information as may be required by a police officer for
the purpose of determining
whether the motor vehicle was or was not being driven
in contravention of the provisions of this Act on any occasion on which the
driver was required to produce the certificate and any owner failing to do so
shall be guilty of an offence against this Act.
False statements and falsification
22.-(1) If any person, for
the purpose of obtaining an insurance policy or a certificate of insurance under
the provisions of this
Act, makes any statement either oral or written which is
false or misleading or withholds any material information, such person shall,
unless he proves to the satisfaction of the court that he acted without any
intent to deceive, be guilty of an offence against this
Act and be liable, on
conviction, to a fine of $400 or to imprisonment for 2 years or to both such
fire and imprisonment.
(2) Any
person who with intent to deceive-
(a) forges, alters, defaces or mutilates any certificate of insurance or any other certificate or document issued under this Act; or
(b) uses or allows to be used by any other person any forged, altered, defaced or mutilated certificate of insurance or document issued under this Act; or
(c) lends to or borrows from any other person a certificate of insurance or any other certificate or document issued under the provisions of this Act; or
(d) makes or has in his possession any document so closely resembling any certificate or document issued under the provisions of this Act as to be calculated to deceive; or
(e) issues any certificate of insurance or other certificate or document to be issued under the provisions of this Act,
shall
be guilty of an offence and liable, an conviction to a fine of $400 or to
imprisonment far 2 years or to bath such fine and
imprisonment.
(3) If any police
officer has reasonable cause to believe that any certificate of insurance or any
other certificate or document produced
to him in pursuance of the provisions of
this Act by the driver or owner of a motor vehicle is a document in relation to
which an
offence under this section has been committed, he may seize the
document and, when any such document is so seized, the driver and
the owner of
such motor vehicle or either of them shall, if neither of them has been charged
with an offence under the provisions
of this section, be summoned before a
magistrate to account for the possession of or the presence an the motor vehicle
of the said
document and the magistrate may make such order respecting the
disposal of the document and award such casts as he may deem
just.
Reference
to certificate deemed to be reference to
certificates
where
more than one issued
23. In this Act,
references to a certificate of insurance in any provisions relating to the
surrender or lass or destruction of a
certificate shall, in relation to policies
under which mare than one certificate is issued, be construed as reference to
all or any
such certificates and shall, where any copy of a certificate has been
issued, be construed as including a reference to such copy.
Passengers
for hire not to contract themselves out
of
benefits
conferred by this Act
24. In any action brought
against the owner of a motor vehicle or any other person indemnified under a
policy of insurance under or
far the purposes of this Act in respect of an
accident causing the death of or badly injury to any person being, at the time
of the
accident, a passenger far hire in such vehicle, it shall not be a defence
that the contract of carriage had excluded or modified
the liability of the
owner or of any other person to pay damages in respect of accidents due to the
negligence or wilful default
of the owner, his servants, or
agents.
Prohibition
against soliciting for authority to make claims
and
commence
actions, etc.
25.-(1) No person shall
directly or indirectly for personal gain-
(a) solicit instructions or authority to act an behalf of any other person in respect of the making or commencement of any claim or action far damages far the death of or bodily injury to any person arising out of the use of a motor vehicle or in respect of the negotiation, compromise or settlement of such claim or, action; or
(b) on behalf of any other person make or commence or cause to be made or commenced any claim or action far such damages aforesaid or negotiate, settle or compromise any such claim or action when made or commenced;
and
any person contravening the provisions of this subsection shall be guilty of an
offence.
(2) Paragraph (b) of
subsection (1) shall not apply to any barrister and solicitor properly acting in
the course of his profession.
(3)
Any agreement to pay to any person who contravenes any of the provisions of
subsection (1) any money for work done for services
rendered in respect of the
matters referred to in such subsection shall be void and any money so paid shall
be recoverable by action
brought in any court of competent jurisdiction by the
person who has paid it.
Applicant for vehicle licence to produce evidence of necessary insurance
26. Notwithstanding the
provisions of any other law for the time being in force, a person applying for a
vehicle licence or a renewal
thereof may be required to produce evidence to the
satisfaction of the licensing authority that, on the date when the licence comes
into operation, there will be in force the necessary policy of insurance in
relation to the use of the vehicle by the applicant or
by other persons on his
order or with his permission.
Appeal against refusal to issue or against cancellation of policy
27.-(1) Where an approved
insurance company refuses to issue to any person a policy of insurance covering
such liabilities as are
required to be covered by this Act, or gives notice of
intention to cancel such a policy, the person applying for the policy, or
the
policy-holder, as the case may be, may appeal within 30 days of the date upon
which he received notice of such refusal or intention
to a resident magistrate
and, on any such appeal, the court may dismiss the appeal or may order that such
a policy be issued by the
company upon payment of a premium of the amount
specified in the order, or that the notice of intended cancellation of the
policy
be withdrawn upon payment of such additional amount, if any, as may be
specified in the order by way of additional premium and the
court may make such
order as to costs as it thinks
fit.
(2) Where an order is made by
a court under the provisions of subsection (1) directing an insurance company to
issue a policy of insurance
or to cancel a notification of cancellation, that
company shall act accordingly.
(3)
The provisions of this section shall only have effect whilst there is in force a
regulation made by the Minister under the provisions
of section 29 prescribing
the amount of the premium to be paid in respect of policies issued under the
provisions of this
Act.
(Amended by
Legal Notice 112 of 1970.)
General penalty
28. Any person who is
guilty of an offence against this Act for which no special penalty is provided
shall, on conviction, be liable
to a fine of $100.
Regulations
29.-(1) The Minister may
make regulations for prescribing anything which may be prescribed under the
provisions of this Act and generally
for the purpose of carrying out the
provisions of this Act and, in particular but without prejudice to the
generality of the foregoing
provisions, may make regulations-
(a) prescribing the forms to be used for the purposes of this Act;
(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 and the giving of information with respect thereto;
(c) as to the custody, production, cancellation and surrender of any certificates of insurance or other documents;
(d) as to the issue of copies of any certificates of insurance or documents which are lost, mutilated or destroyed;
(e) for providing that any of the provisions of this Act shall, in relation to motor vehicles brought into Fiji by persons making only a temporary stay in Fiji, have effect subject to such modifications and adaptations as may be prescribed;
(f) prescribing, after consultation with the South Sea Islands Fire and Tariff Association, the amount of the premiums to be paid in respect of policies of insurance covering such liabilities as are required to be covered by the provisions of this Act;
(g) prescribing fees to be charged in respect of anything to be done under the provisions of this Act;
(h) prescribing penalties for the breach of any regulations made hereunder not exceeding a fine of $400 or imprisonment for 2 years or both such fine and imprisonment.
(Amended
by Legal Notice 112 of 1970.)
(2)
Regulations prescribing premiums payable for the purpose of this Act may
differentiate between different classes of motor vehicles
and may differentiate
between motor vehicles having regard to the purposes for which they are used or
intended to be used.
Application of section 4 to use of Government motor vehicles
30. The provisions of
section 4 shall not apply to the use by any person of a Government motor
vehicle.
(Amended
by Ordinance 40 of 1969, s. 2.)
Controlled by Ministry of Communications, Transport and Works
___________________________
Subsidiary Legislation
(Third Party Insurance)
CHAPTER
177
MOTOR VEHICLES
(THIRD PARTY INSURANCE)
SECTION 29-MOTOR VEHICLES (THIRD PARTY INSURANCE) REGULATIONS
TABLE OF PROVISIONS
REGULATION
1.
Short title
2.
Interpretation
3. Form of certificate
of insurance
4. Authentication and
issue of certificates
5. Evidence
alternative to certificate
6.
Records
7. When company to report
certificate ceasing to have effect
8.
Renewal of
certificates
Schedule-Certificate of
Insurance
Regulations
----------------------------------
29 August 1949
Short title
1. These Regulations may
be cited as the Motor Vehicles (Third Party Insurance)
Regulations.
Interpretation
2. In these Regulations,
unless the context otherwise requires-"company" means an approved insurance
company.
"policy" means a policy of insurance complying with the provisions of the Act.
Form of certificate of insurance
3. A company shall issue
to every holder of a policy issued by the company a certificate of insurance in
the form set out in the Schedule
in respect of such vehicle.
Authentication and issue of certificates
4.-(1) Every certificate
of insurance shall be duly authenticated by or on behalf of the company by which
it is issued.
(2) The certificate
aforesaid shall be issued on the date on which the policy is issued or
renewed.
Evidence alternative to certificate
5. The following evidence
that a motor vehicle is not being driven in contravention of section 4 of the
Act may be produced by the
driver of such motor vehicle on the request of a
police officer in pursuance of section 20 of the Act as an alternative to the
production
of -a certificate of
insurance-
A certificate signed by
the Minister or by some person authorised by the Minister in that behalf stating
that the motor vehicle is
a motor vehicle or one of a class of motor vehicles
declared by order of the Minister under section 5 of the Act to be exempted from
the. provisions of the
Act.
(Amended by
Legal Notice 112 of 1970.)
Records
6.-(1) Every company by
which a policy is issued shall keep a record of the following particulars
relative thereto and of any certificate
issued in connection
therewith-
(a) the full name and address of the person to whom the policy is issued;
(b) the registered number of the vehicle to which the policy relates;
(c) the date on which the policy comes into force and the date on which it expires;
(d) the conditions subject to which the persons or classes of persons specified in the policy are to be indemnified.
(2)
Every such record shall be preserved for one year from the date of expiry of the
policy.
(3) A company by which
records are required to be kept by these Regulations shall furnish to the
Commissioner of Police on request
any particulars thereof.
When company to report certificate ceasing to have effect
7. Where, to the knowledge
of a company, a policy issued by it 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 company shall forthwith notify the Commissioner of
Police of the date on which the policy ceased to be effective.
Renewal of certificate
8. Where a company by
which a certificate of insurance has been issued is satisfied that the
certificate has been defaced or has been
lost or destroyed, it shall, if
requested so to do by the person to whom the certificate was issued, and upon
payment by him of a
fee of 25 cents issue to him a fresh
certificate.
SCHEDULE
(Regulation
3)
MOTOR VEHICLES (THIRD PARTY INSURANCE) ORDINANCE CERTIFICATE OF INSURANCE
Date
Policy
No.
Certificate
No.
1. Description of
vehicle:-
Make Body
Type
Engine No. Chassis No. Registered
No.
2. Name and address of
owner:-
3. Period of
Insurance:-
To commence on and to
terminate at 4.00 p.m. on
4.
Persons or classes of persons entitled to drive:-
t
5. Limitations as to use:-
t
6. Amount of premium paid for
issue of policy $
I hereby certify
that the policy to which this Certificate relates is issued in accordance with
the provisions of the Motor Vehicles
(Third Party Insurance) Act.
Approved Insurance Company
* In the case of Indians,
Father's name also.
t Limitations
rendered inoperative by section 10 of the Motor Vehicles (Third Party Insurance)
Act are not to be included under this
heading.
Controlled by Ministry of Communications, Transport and Works
------------------------------------
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