ACT No. III of 1985 AN A CT furtha to amend the M Olo' Vehicles Insurance (T hird-pmry Risks) Ordinance. Cap. 165. (third-pmryrisks)

I a$Sent.

A GA THA BARBAllA

President

15th February. 1985

ACT No. III of 1985

AN A CT furtha to amend the M Olo' Vehicles Insurance (T hird-pmry

Risks) Ordinance. Cap. 165.

BE TT ENACTED by the President. by and with the advice and

consent of the House of Rep~nlalives. in this present Parliament

assembled. and by Ihe authority of Ihe same. as follows: -

This Act may be cited as [he Motor Vehicles Insurance IThird-

party Risks) (AmendmcnH Act, 1985, and shall be read and construed as

one with me MOlor Vehicles Insurance (Third-party Risks) Ordinance.

hereinafter referred to as "the principal1aw".

Section 2 of the principal law shall be amended as follows

(a) for the definition of " policy of insurance" there shall be

substituted the following

" "policy of insu rance" means a policy of insurance or a

covering note which is issued by an authorised insurer aDd

includes an international certificate of illsurance issued to a

visitillg motorist and valid for Malta;", and

(b) immediately after the definition of "driver" there shall be

inserted the following new definitions

""foreign bureau" means a central organiutiOD set up by

motor insu rers in any country outside Malta for the purpose of

giving cffe<:t to international arrallgemcnts for the insurance of

motorists against third-party risks wheo entering countries

wbere insurance against such risks is compulsory, aDd with

which the local bureau has en tered into such a n arrangement;

"in ternational certificate of imuTlInC1l" means a duly com-

pleted iniernational certificate of insurance (known as a kGreen

Card'') issued 10 a visiting molorist under the authority of a

foreign bureau or the local bUll'a u ill the font! .se t out in the

recommenda tion dated June 1952 made by the Sub-Commi ttee

on ROII.d TTlIl\Sport of the Inland Tra nsport Comm iuee of the

Eoonomic CommiSllion for Europe. as from time to time

amended;

"loo;al burea u" means the «"nIBI orga nization .set up by

molor insurers iu Malta for the purpose of giving effect to

international arrangements for the insurance of motorislS

aga inst third·party risb .... hen entering countries wbell' insur.

anet against such risks is roru pulsory. and which is I'«<:Ignised

for the PUf'Il'OSCli of this Ordinance by tbe Minister responsible

for the police;

"molor cycle" means 3 mOlor vehide with two wheel!l:".

Stttion" of the principal law shall be amended as follows

(a) for subse<:tion (l) thereof there sha ll be substituted the

following

"Ill In order to romply with the require~n ts of this

Ordinance. a policy of insurance must, in additiOll to being a

po' icy of insurance as defined in .section 2 of this Ordinance,

Insure such person, person$. or daues of persons u may be

specified in the policy against any liability \\" hich may be in-

curred by him or them in re5pt<:t of the death of or bodily

inj ury to any person caused by or arising oot of the use of the

motor vehicle on a road

Provided that such a policy shall not be required to

cover -

\il

liability in respt<:t of the death arising out of

and in the cou= of his employment of a person in the

employment of a person insured by the policy. or of bodily

inj ury susta ined by such a person arising out of and in the

course of his employment; or

(ill in the case of a motor cycle. liability in re$pect

of the death or 01. bodily injury to pel'!iOOS carried in or

upon. or getting on to. or aligh ting from the motor cycle

at the time of the occurrence of the event out of which thc

claims arise: or

any contractuallillbility."; and

(iii)

(b) for subsection (4) thcreof there shall be substituted the

following

"(4) Ellcept where a policy of insurance consislli of an

international certificate of insurllnce, a policy of iosuranCfl shall

be of no effect for the purposes of this Ordinauce unless and

until there is issued by the authorised insurer il] favour of the

person by wbom the policy is effC(:\ed a Ot:oificate (hereilUlfter

referred to as a " certificate of insurance'') in the prescribed

form; and ",here the policy of imumnocc OOtlS;SIS of an inter-

na tiona l certificate of itlSumnce, such international certificate

shall . for all pUrpo:!CS of tMs Ordinance ex«"pt wMrc the

context otherwise requirts, bel the ceoificate of insurance

req uired to be issued under this subsection ....

In subsection m of section 10 of lite principal law for Ihe

words "under paragraph (b) of subsection m" li'lelll sllall be suh:slitu ted

lhe words ··under subseoction ( I)".

Any policy of insurance validly i!il;ued for the PUrpo&eS of the

principal !aw before the coming inlo force of Ih is Act. shan in virtue of

Ihis ACI be deemed 10 cover all Ihe risks as required by the princi pa l

law a fter the coming in ln force of this Ac!. and sh.all contin ue to be

valid until such lime as that policy is nellt due for renewal.

Passed by Ihe I-Iouse of Representatives al Siui ng No . 231 of Ihe 121h February.

1985. D ANU1L M ICALLEF

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