MOTOR VEHICLES INSURANCE REGULATIONS

SUBSIDIARY LEGISLATION 104.01

MOTOR VEHICLES INSURANCE REGULATIONS

1st August, 1947

GOVERNMENT NOTICE 611 of 1939, as amended by Government

Notice 221 of 1947 and Legal Notices 6 of 1985, 243 of 2006 and 409 of

2007.

The title of these regulations is the Motor Vehicles

Insurance Regulations.

Substituted by

L.N. 6 of 1985;

L.N. 243 of 2006.

FORM A

CERTIFICATE OF MOTOR INSURANCE

Name of insurer

Policy Number

Certificate Number

Date of Commencement of Insurance

at

a.m./p.m.

Date of expiry

Name of Policyholder

Address

Identity Document Number

Passport Number

Place & Date of Issue

OR

MOTOR VEHICLE

Registration Number

Make

Year of manufacture

Engine No.

Type of Body

Seating Capacity

Chassis No.

Engine c.c

Colour

Limitations as to use (*)

Authorised Drivers (**)

We hereby certify that a Policy of Insurance

covering the liabilities required to be

insured by the Motor Vehicles Insurance

(Third Party Risks) Ordinance, has been

issued as stated above.

(*) Limitations rendered inoperative by

section 12 of the said Ordinance are not be

included under the heading.

(**) Names or classes of authorised drivers.

FORM B

CERTIFICATE OF INSURANCE

I hereby certify that this cover note is issued in accordance with

the provisions of the Motor Vehicles Insurance (Third Party Risks)

Ordinance, and of the regulations made thereunder.

Authorised Insurer

FORM C

CERTIFICATE OF OWNERSHIP BY THE GOVERNMENT OF

MALTA

I hereby certify that the vehicle of which the registration number

is ................................ is the property of the Government of Malta

and is under the control of *.................................. and is used and

employed exclusively upon Government service.

Signature and Office of

Responsible Officer

*

Insert name of department or (in the case of Armed Forces vehicles)

the unit or branch of the service.

FORM D

I hereby declare that I am acquainted with the provisions of the

Motor Vehicles Insurance (Third Party Risks) Ordinance, and am

aware that if I permit the above motor vehicle to be used on the

road unless there is in force in relation to the user of the motor

vehicle such a policy of insurance in respect of third party risks as

complies with the requirements of the Ordinance, I shall become

liable to the penalties prescribed in the Ordinance. I further realise

that any breach by me of the provisions of the Ordinance or of the

regulations may involve, in addition to other penalties, the

suspension or cancellation of the licence granted to me to carry on

the business of letting motor vehicles on hire.

I solemnly declare that I will not permit the above motor vehicle

to be used in contravention of the said Ordinance or regulations.

Signature of Applicant for licence

In

these

regulations,

unless

the

context

otherwise

requires -

"Ordinance" means the Motor Vehicles Insurance (Third Party

Risks) Ordinance;

"insurer" means an authorised insurer as defined by article 2 of

the Ordinance;

"Commissioner" means the Commissioner of Police or any

officer of the Police Force deputed by him to perform the duties

imposed upon him by the Ordinance or by these Regulations;

"policy" means such a policy of insurance issued by an insurer in

respect of third party risks arising out of the use of motor vehicles

as complies with the requirements of the Ordinance, but does not

include a cover note;

"cover note" means such a policy of insurance issued by an

insurer in the form of a provisional cover note in respect of third

party risks arising out of the use of motor vehicles as complies with

the requirements of the Ordinance;

"certificate of insurance" means a certificate of insurance issued

by an insurer under the provisions of article 4(4) of the Ordinance;

"responsible officer" means, in relation to motor vehicles which

are at the disposal of a government department, the head of

department and, in relation to motor vehicles which are at the

disposal of the Armed Forces of Malta, the officer commanding the

unit or branch of the Service which is in control of the vehicles;

"motor vehicle" has the meaning assigned to it in article 2 of the

Ordinance.

(1) An insurer shall issue to every holder of a policy issued

by him a certificate of insurance in the Form A as set out in the

Schedule.

(2) Where such a policy relates to a specified vehicle or to

specified vehicles a separate certificate of insurance shall be issued

in respect of each such vehicle. Where such a policy does not relate

to any specified vehicle or vehicles such number of certificates of

insurance shall be issued as may be necessary to enable the

requirements of the Ordinance as to the production of evidence that

a motor vehicle is not being driven in contravention thereof to be

complied with.

(3) Every cover note issued by an insurer shall have printed

thereon or on the back thereof a certificate of insurance in the Form

B set out in the Schedule.

Where under the terms of a policy relating to a specified

motor vehicle the holder is entitled to drive any other motor vehicle

than that specified without contravention of the Ordinance, the

insurer by whom the policy was issued may, and shall on demand

being made to him by the holder, issue to him a further certificate

of insurance in the Form A set out in the Schedule.

(1) Every certificate of insurance shall be duly

authenticated by or on behalf of the insurer by whom it is issued.

(2) Every certificate of insurance shall be issued not later than

four days after the date on which the policy is issued or renewed.

(1) Every certificate of insurance shall be printed and

completed in black on white paper or similar materials.

(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 insurer by whom a certificate is issued, or a

reproduction of his seal or any monogram or similar device, or the

name and address of an insurance broker, shall not be deemed to be

advertising matter for the purpose of this regulation if it is printed

or stamped at the foot or on the back of such certificate.

Any person applying for a licence or for the renewal of a

licence in respect of a motor vehicle shall produce to the

Commissioner a cover note or certificate of insurance indicating

that on the date when the licence comes into operation 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

and such note or certificate shall constitute for the purposes of

article 7 of the Ordinance evidence that on the date when the

licence or renewal come into operation there will be in force the

necessary policy

Provided that there may be produced in lieu thereof -

(i)

in the case of a motor vehicle to which article

3(4)(a) of the Ordinance applies (that is to say

motor vehicles owned by the Government and

used

and

employed

exclusively

upon

Government service), a certificate signed by a

responsible officer in the Form C set out in the

Schedule;

(ii) in the case where the motor vehicle is one of

more than ten motor vehicles owned by the same

person in respect of which a policy or policies

have been obtained by him from the same

insurer, a statement duly authenticated by the

insurer to the effect that on the date when the

licence becomes operative a policy which

complies with the requirements of the Ordinance

will be in force in relation to the motor vehicle;

(iii) in the case of motor vehicles intended to be used

solely for the purpose of being let on hire and

being driven by the person by whom the motor

vehicle is hired or by persons under his control,

a declaration in the Form D set out in the

Schedule.

(1) When under the provisions of regulation 7, a certificate

signed by a responsible officer in the Form C set out in the

Schedule is produced to the Commissioner, the Commissioner shall

indicate thereon by means of a rubber stamp or other similar

device, or in writing, that the certificate has been seen by him.

(2) Where any person driving on a road any motor vehicle to

which article 3(4)(a) of the Ordinance applies is required by any

member of the Police Force under article 8 of the Ordinance to

produce his certificate of insurance, he shall produce in lieu thereof

the aforementioned certificate (that is to say the certificate in the

Form C set out in the Schedule).

(3) Any such certificate shall be destroyed by the responsible

officer before the motor vehicle to which it relates is sold or

otherwise disposed of.

(1) Every insurer by whom a policy is issued shall keep a

record of any certificates issued in connection therewith and of the

following particulars relative thereto -

(a) the full name and address of the person to whom the

policy is issued;

(b) in the case of a policy relating to a specified motor

vehicle or to specified motor vehicles 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;

(d) the conditions subject to which the persons or classes

of persons specified in the policy will be indemnified.

Such records shall be kept for a period of one year from the

date of expiry of the policy.

(2) Every responsible officer shall keep a record of the motor

vehicles owned by the Government of Malta in respect of which a

policy has not been obtained, and of any certificates issued by him

under these Regulations, in respect of such motor vehicles, and of

the withdrawal or destruction of any such certificates.

(3) Any insurer by whom records of documents are required by

these Regulations to be kept shall without charge furnish to the

Commissioner on request any particulars thereof.

(4)

In this regulation the word "policy" includes a cover note.

Where to the knowledge of an insurer a policy or cover

note issued by him 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

Commissioner of the date on which the policy or cover note ceased

to be effective.

(1) Where with the consent of the person to whom it was

issued a policy or cover note is transferred or suspended or ceases

to be effective otherwise than by the effluxion of time such person

shall forthwith return any relative certificates of insurance to the

insurer by whom they were issued and a new policy or cover note

shall not be issued to that person, nor shall the said policy or cover

note be transferred to any other person, unless and until the

certificates have been returned to the insurer or he is satisfied that

they have been lost or destroyed.

(2) Where any insurer by whom a certificate of insurance has

been issued is satisfied that the certificate has become defaced or

has been lost or destroyed he shall, if requested so to do by the

person to whom the certificate was issued, issue to him a fresh

certificate, provided that in the case of a certificate which has

become defaced a fresh certificate shall not be issued unless and

until the defaced certificate has been returned to the insurer.

(3) For the purposes of this regulation no insurer shall be

satisfied that any certificate has been lost or destroyed unless the

person to whom the policy or cover note was issued makes and

delivers to the insurer a declaration on oath to the effect that the

certificate has been so lost or destroyed.

If any person acts in contravention of or fails to comply

with these regulations he shall, for each offence, be liable to a fine

(multa) not exceeding twenty-three euros and twenty-nine cents

(23.29).

MOTOR VEHICLES INSURANCE