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Motor Vehicles (Third Party Insurance) Act

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

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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

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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

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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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