HPI
Check
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| Road
Traffic Act 1988 (c. 52) |
| 1988
c. 52 - continued |
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Part
VI
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Third-Party
Liabilities
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Compulsory
insurance or security against third-party risks
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Users of motor vehicles to be insured or secured against third-party
risks.
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143.—(1) Subject
to the provisions of this Part of this Act—
(a) a
person must not use a motor vehicle on a road unless there is
in force in relation to the use of the vehicle by that person
such a policy of insurance or such a security in respect of third
party risks as complies with the requirements of this Part of
this Act, and
(b) a
person must not cause or permit any other person to use a motor
vehicle on a road unless there is in force in relation to the
use of the vehicle by that other person such a policy of insurance
or such a security in respect of third party risks as complies
with the requirements of this Part of this Act.
(2) If
a person acts in contravention of subsection (1) above he is guilty
of an offence.
(3) A person charged with using a motor
vehicle in contravention of this section shall not be convicted
if he proves—
(a) that
the vehicle did not belong to him and was not in his possession
under a contract of hiring or of loan,
(b) that
he was using the vehicle in the course of his employment, and
(c) that
he neither knew nor had reason to believe that there was not in
force in relation to the vehicle such a policy of insurance or
security as is mentioned in subsection (1) above.
(4) This
Part of this Act does not apply to invalid carriages. |
Exceptions from requirement of third-party insurance or security.
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144.—(1) Section
143 of this Act does not apply to a vehicle owned by a person who
has deposited and keeps deposited with the Accountant General of
the Supreme Court the sum of £15,000, at a time when the vehicle
is being driven under the owner's control.
(2) Section 143 does not apply—
(a) to
a vehicle owned—
(i) by
the council of a county or county district in England and Wales,
the Common Council of the City of London, the council of a London
borough, the Inner London Education Authority, or a joint authority
(other than a police authority) established by Part IV of the
[1985 c. 51.] Local Government Act 1985,
(ii) by
a regional, islands or district council in Scotland, or
(iii) by
a joint board or committee in England or Wales, or joint committee
in Scotland, which is so constituted as to include among its
members representatives of any such council,
at
a time when the vehicle is being driven under the owner's control,
(b) to
a vehicle owned by a police authority or the Receiver for the
Metropolitan Police district, at a time when it is being driven
under the owner's control, or to a vehicle at a time when it is
being driven for police purposes by or under the direction of
a constable, or by a person employed by a police authority, or
employed by the Receiver, or
(c) to
a vehicle at a time when it is being driven on a journey to or
from any place undertaken for salvage purposes pursuant to Part
IX of the [1894 c. 60.] Merchant Shipping Act 1894,
(d) to
the use of a vehicle for the purpose of its being provided in
pursuance of a direction under section 166(2)(b) of the [1955
c. 18.] Army Act 1955 or under the corresponding provision
of the [1955 c. 19.] Air Force Act 1955,
(e) to
a vehicle which is made available by the Secretary of State to
any person, body or local authority in pursuance of section 23
or 26 of the [1977 c. 49.] National Health Service
Act 1977 at a time when it is being used in accordance with the
terms on which it is so made available,
(f) to
a vehicle which is made available by the Secretary of State to
any local authority, education authority or voluntary organisation
in Scotland in pursuance of section 15 or 16 of the [1978 c. 29.]
National Health Service (Scotland) Act 1978 at a time when it
is being used in accordance with the terms on which it is so made
available.
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Requirements in respect of policies of insurance.
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145.—(1) In
order to comply with the requirements of this Part of this Act,
a policy of insurance must satisfy the following conditions.
(2) The policy must be issued by an
authorised insurer.
(3) Subject to subsection (4) below,
the policy—
(a) must
insure 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 or damage to property caused by, or arising out of,
the use of the vehicle on a road in Great Britain, and
(b) must
insure him or them in respect of any liability which may be incurred
by him or them in respect of the use of the vehicle and of any
trailer, whether or not coupled, in the territory other than Great
Britain and Gibraltar of each of the member States of the Communities
according to the law on compulsory insurance against civil liability
in respect of the use of vehicles of the State where the liability
may be incurred, and
(c) must
also insure him or them in respect of any liability which may
be incurred by him or them under the provisions of this Part of
this Act relating to payment for emergency treatment.
(4) The
policy shall not, by virtue of subsection (3)(a) above, be required—
(a) to
cover liability in respect of the death, arising out of and in
the course of his employment, of a person in the employment of
a person insured by the policy or of bodily injury sustained by
such a person arising out of and in the course of his employment,
or
(b) to
provide insurance of more than £250,000 in respect of all such
liabilities as may be incurred in respect of damage to property
caused by, or arising out of, any one accident involving the vehicle,
or
(c) to
cover liability in respect of damage to the vehicle, or
(d) to
cover liability in respect of damage to goods carried for hire
or reward in or on the vehicle or in or on any trailer (whether
or not coupled) drawn by the vehicle, or
(e) to
cover any liability of a person in respect of damage to property
in his custody or under his control, or
(f) to
cover any contractual liability.
(5) In
this Part of this Act "authorised insurer" means a person or body
of persons carrying on insurance business within Group 2 in Part
II of Schedule 2 to the [1982 c. 50.] Insurance Companies
Act 1982 and being a member of the Motor Insurers' Bureau (a company
limited by guarantee and incorporated under the [1929 c. 23.]
Companies Act 1929 on 14th June 1946).
(6) If any person or body of persons
ceases to be a member of the Motor Insurers' Bureau, that person
or body shall not by virtue of that cease to be treated as an authorised
insurer for the purposes of this Part of this Act—
(a) in
relation to any policy issued by the insurer before ceasing to
be such a member, or
(b) in
relation to any obligation (whether arising before or after the
insurer ceased to be such a member) which the insurer may be called
upon to meet under or in consequence of any such policy or under
section 157 of this Act by virtue of making a payment in pursuance
of such an obligation.
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Requirements in respect of securities.
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146.—(1) In
order to comply with the requirements of this Part of this Act,
a security must satisfy the following conditions.
(2) The security must be given either
by an authorised insurer or by some body of persons which carries
on in the United Kingdom the business of giving securities of a
like kind and has deposited and keeps deposited with the Accountant
General of the Supreme Court the sum of £15,000 in respect of that
business.
(3) Subject to subsection (4) below,
the security must consist of an undertaking by the giver of the
security to make good, subject to any conditions specified in it,
any failure by the owner of the vehicle or such other persons or
classes of persons as may be specified in the security duly to discharge
any liability which may be incurred by him or them, being a liability
required under section 145 of this Act to be covered by a policy
of insurance.
(4) In the case of liabilities arising
out of the use of a motor vehicle on a road in Great Britain the
amount secured need not exceed—
(a) in
the case of an undertaking relating to the use of public service
vehicles (within the meaning of the [1981 c. 14.]
Public Passenger Vehicles Act 1981), £25,000,
(b) in
any other case, £5,000.
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Issue and surrender of certificates of insurance and of security.
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147.—(1) A
policy of insurance shall be of no effect for the purposes of this
Part of this Act unless and until there is delivered by the insurer
to the person by whom the policy is effected a certificate (in this
Part of 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.
(2) A security shall be of no effect
for the purposes of this Part of this Act unless and until there
is delivered by the person giving the security to the person to
whom it is given a certificate (in this Part of this Act referred
to as a "certificate of security") in the prescribed form and containing
such particulars of any conditions subject to which the security
is issued and of any other matters as may be prescribed.
(3) Different forms and different particulars
may be prescribed for the purposes of subsection (1) or (2) above
in relation to different cases or circumstances.
(4) Where a certificate has been delivered
under this section and the policy or security to which it relates
is cancelled by mutual consent or by virtue of any provision in
the policy or security, the person to whom the certificate was delivered
must, within seven days from the taking effect of the cancellation—
(a) surrender
the certificate to the person by whom the policy was issued or
the security was given, or
(b) if
the certificate has been lost or destroyed, make a statutory declaration
to that effect.
(5) A
person who fails to comply with subsection (4) above is guilty of
an offence. |
Avoidance of certain exceptions to policies or securities.
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148.—(1) Where
a certificate of insurance or certificate of security has been delivered
under section 147 of this Act to the person by whom a policy has
been effected or to whom a security has been given, so much of the
policy or security as purports to restrict—
(a) the
insurance of the persons insured by the policy, or
(b) the
operation of the security,
(as
the case may be) by reference to any of the matters mentioned in
subsection (2) below shall, as respects such liabilities as are
required to be covered by a policy under section 145 of this Act,
be of no effect.
(2) Those matters are—
(a) the
age or physical or mental condition of persons driving the vehicle,
(b) the
condition of the vehicle,
(c) the
number of persons that the vehicle carries,
(d) the
weight or physical characteristics of the goods that the vehicle
carries,
(e) the
time at which or the areas within which the vehicle is used,
(f) the
horsepower or cylinder capacity or value of the vehicle,
(g) the
carrying on the vehicle of any particular apparatus, or
(h) the
carrying on the vehicle of any particular means of identification
other than any means of identification required to be carried
by or under the [1971 c. 10.] Vehicles (Excise) Act
1971.
(3) Nothing
in subsection (1) above requires an insurer or the giver of a security
to pay any sum in respect of the liability of any person otherwise
than in or towards the discharge of that liability.
(4) Any sum paid by an insurer or the
giver of a security in or towards the discharge of any liability
of any person which is covered by the policy or security by virtue
only of subsection (1) above is recoverable by the insurer or giver
of the security from that person.
(5) A condition in a policy or security
issued or given for the purposes of this Part of this Act providing—
(a) that
no liability shall arise under the policy or security, or
(b) 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
or security, shall be of no effect in connection with such liabilities
as are required to be covered by a policy under section 145 of this
Act.
(6) Nothing in subsection (5) above
shall be taken to render void any provision in a policy or security
requiring the person insured or secured to pay to the insurer or
the giver of the security any sums which the latter may have become
liable to pay under the policy or security and which have been applied
to the satisfaction of the claims of third parties.
(7) Notwithstanding anything in any
enactment, a person issuing a policy of insurance under section
145 of this Act shall be liable to indemnify the persons or classes
of persons specified in the policy in respect of any liability which
the policy purports to cover in the case of those persons or classes
of persons. |
Avoidance of certain agreements as to liability towards passengers.
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149.—(1) This
section applies where a person uses a motor vehicle in circumstances
such that under section 143 of this Act there is required to be
in force in relation to his use of it such a policy of insurance
or such a security in respect of third-party risks as complies with
the requirements of this Part of this Act.
(2) If any other person is carried
in or upon the vehicle while the user is so using it, any antecedent
agreement or understanding between them (whether intended to be
legally binding or not) shall be of no effect so far as it purports
or might be held—
(a) to
negative or restrict any such liability of the user in respect
of persons carried in or upon the vehicle as is required by section
145 of this Act to be covered by a policy of insurance, or
(b) to
impose any conditions with respect to the enforcement of any such
liability of the user.
(3) The
fact that a person so carried has willingly accepted as his the
risk of negligence on the part of the user shall not be treated
as negativing any such liability of the user.
(4) For the purposes of this section—
(a) references
to a person being carried in or upon a vehicle include references
to a person entering or getting on to, or alighting from, the
vehicle, and
(b) the
reference to an antecedent agreement is to one made at any time
before the liability arose.
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Insurance or security in respect of private use of vehicle to cover
use under car-sharing arrangements.
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150.—(1) To
the extent that a policy or security issued or given for the purposes
of this Part of this Act—
(a) restricts
the insurance of the persons insured by the policy or the operation
of the security (as the case may be) to use of the vehicle for
specified purposes (for example, social, domestic and pleasure
purposes) of a non-commercial character, or
(b) excludes
from that insurance or the operation of the security (as the case
may be)—
(i) use
of the vehicle for hire or reward, or
(ii) business
or commercial use of the vehicle, or
(iii) use
of the vehicle for specified purposes of a business or commercial
character,
then,
for the purposes of that policy or security so far as it relates
to such liabilities as are required to be covered by a policy
under section 145 of this Act, the use of a vehicle on a journey
in the course of which one or more passengers are carried at separate
fares shall, if the conditions specified in subsection (2) below
are satisfied, be treated as falling within that restriction or
as not falling within that exclusion (as the case may be).
(2) The
conditions referred to in subsection (1) above are—
(a) the
vehicle is not adapted to carry more than eight passengers and
is not a motor cycle,
(b) the
fare or aggregate of the fares paid in respect of the journey
does not exceed the amount of the running costs of the vehicle
for the journey (which for the purposes of this paragraph shall
be taken to include an appropriate amount in respect of depreciation
and general wear), and
(c) the
arrangements for the payment of fares by the passenger or passengers
carried at separate fares were made before the journey began.
(3) Subsections
(1) and (2) above apply however the restrictions or exclusions described
in subsection (1) are framed or worded.
(4) In subsections (1) and (2) above
"fare" and "separate fares" have the same meaning as in section
1(4) of the [1981 c. 14.] Public Passenger Vehicles
Act 1981. |
Duty of insurers or persons giving security to satisfy judgment
against persons insured or secured against third-party risks.
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151.—(1) This
section applies where, after a certificate of insurance or certificate
of security has been delivered under section 147 of this Act to
the person by whom a policy has been effected or to whom a security
has been given, a judgment to which this subsection applies is obtained.
(2) Subsection (1) above applies to
judgments relating to a liability with respect to any matter where
liability with respect to that matter is required to be covered
by a policy of insurance under section 145 of this Act and either—
(a) it
is a liability covered by the terms of the policy or security
to which the certificate relates, and the judgment is obtained
against any person who is insured by the policy or whose liability
is covered by the security, as the case may be, or
(b) it
is a liability, other than an excluded liability, which would
be so covered if the policy insured all persons or, as the case
may be, the security covered the liability of all persons, and
the judgment is obtained against any person other than one who
is insured by the policy or, as the case may be, whose liability
is covered by the security.
(3) In
deciding for the purposes of subsection (2) above whether a liability
is or would be covered by the terms of a policy or security, so
much of the policy or security as purports to restrict, as the case
may be, the insurance of the persons insured by the policy or the
operation of the security by reference to the holding by the driver
of the vehicle of a licence authorising him to drive it shall be
treated as of no effect.
(4) In subsection (2)(b) above "excluded
liability" means a liability in respect of the death of, or bodily
injury to, or damage to the property of any person who, at the time
of the use which gave rise to the liability, was allowing himself
to be carried in or upon the vehicle and knew or had reason to believe
that the vehicle had been stolen or unlawfully taken, not being
a person who—
(a) did
not know and had no reason to believe that the vehicle had been
stolen or unlawfully taken until after the commencement of his
journey, and
(b) could
not reasonably have been expected to have alighted from the vehicle.
In
this subsection the reference to a person being carried in or
upon a vehicle includes a reference to a person entering or getting
on to, or alighting from, the vehicle.
(5) Notwithstanding that the insurer
may be entitled to avoid or cancel, or may have avoided or cancelled,
the policy or security, he must, subject to the provisions of this
section, pay to the persons entitled to the benefit of the judgment—
(a) as
regards liability in respect of death or bodily injury, any sum
payable under the judgment in respect of the liability, together
with any sum which, by virtue of any enactment relating to interest
on judgments, is payable in respect of interest on that sum,
(b) as
regards liability in respect of damage to property, any sum required
to be paid under subsection (6) below, and
(c) any
amount payable in respect of costs.
(6) This
subsection requires—
(a) where
the total of any amounts paid, payable or likely to be payable
under the policy or security in respect of damage to property
caused by, or arising out of, the accident in question does not
exceed £250,000, the payment of any sum payable under the judgment
in respect of the liability, together with any sum which, by virtue
of any enactment relating to interest on judgments, is payable
in respect of interest on that sum,
(b) where
that total exceeds £250,000, the payment of either—
(i) such
proportion of any sum payable under the judgment in respect
of the liability as £250,000 bears to that total, together with
the same proportion of any sum which, by virtue of any enactment
relating to interest on judgments, is payable in respect of
interest on that sum, or
(ii) the
difference between the total of any amounts already paid under
the policy or security in respect of such damage and £250,000,
together with such proportion of any sum which, by virtue of
any enactment relating to interest on judgments, is payable
in respect of interest on any sum payable under the judgment
in respect of the liability as the difference bears to that
sum,
whichever
is the less, unless not less than £250,000 has already been paid
under the policy or security in respect of such damage (in which
case nothing is payable).
(7) Where
an insurer becomes liable under this section to pay an amount in
respect of a liability of a person who is insured by a policy or
whose liability is covered by a security, he is entitled to recover
from that person—
(a) that
amount, in a case where he became liable to pay it by virtue only
of subsection (3) above, or
(b) in
a case where that amount exceeds the amount for which he would,
apart from the provisions of this section, be liable under the
policy or security in respect of that liability, the excess.
(8) Where
an insurer becomes liable under this section to pay an amount in
respect of a liability of a person who is not insured by a policy
or whose liability is not covered by a security, he is entitled
to recover the amount from that person or from any person who—
(a) is
insured by the policy, or whose liability is covered by the security,
by the terms of which the liability would be covered if the policy
insured all persons or, as the case may be, the security covered
the liability of all persons, and
(b) caused
or permitted the use of the vehicle which gave rise to the liability.
(9) In
this section—
(a) "insurer"
includes a person giving a security,
(b) "material"
means of such a nature as to influence the judgment of a prudent
insurer in determining whether he will take the risk and, if so,
at what premium and on what conditions, and
(c) "liability
covered by the terms of the policy or security" means a liability
which is covered by the policy or security or which would be so
covered but for the fact that the insurer is entitled to avoid
or cancel, or has avoided or cancelled, the policy or security.
(10) In
the application of this section to Scotland, the words "by virtue
of any enactment relating to interest on judgments" in subsections
(5) and (6) (in each place where they appear) shall be omitted. |
Exceptions to section 151.
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152.—(1) No
sum is payable by an insurer under section 151 of this Act—
(a) in
respect of any judgment unless, before or within seven days after
the commencement of the proceedings in which the judgment was
given, the insurer had notice of the bringing of the proceedings,
or
(b) in
respect of any judgment so long as execution on the judgment 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 or damage
to property giving rise to the liability, the policy or security
was cancelled by mutual consent or by virtue of any provision
contained in it, and also—
(i) before
the happening of that event the certificate was surrendered
to the insurer, or the person to whom the certificate was delivered
made a statutory declaration stating that the certificate had
been lost or destroyed, or
(ii) after
the happening of that event, but before the expiration of a
period of fourteen days from the taking effect of the cancellation
of the policy or security, the certificate was surrendered to
the insurer, or the person to whom it was delivered made a statutory
declaration stating that the certificate had been lost or destroyed,
or
(iii) either
before or after the happening of that event, but within that
period of fourteen days, the insurer has commenced proceedings
under this Act in respect of the failure to surrender the certificate.
(2) Subject
to subsection (3) below, no sum is payable by an insurer under section
151 of this Act if, in an action commenced before, or within three
months after, the commencement of the proceedings in which the judgment
was given, he has obtained a declaration—
(a) that,
apart from any provision contained in the policy or security,
he is entitled to avoid it on the ground that it was obtained—
(i) by
the non-disclosure of a material fact, or
(ii) by
a representation of fact which was false in some material particular,
or
(b) if
he has avoided the policy or security on that ground, that he
was entitled so to do apart from any provision contained in it.
(3) An
insurer who has obtained such a declaration as is mentioned in subsection
(2) above in an action does not by reason of that become entitled
to the benefit of that subsection as respects any judgment obtained
in proceedings commenced before the commencement of that action
unless before, or within seven days after, the commencement of that
action he has given notice of it to the person who is the plaintiff
(or in Scotland pursuer) in those proceedings specifying the non-disclosure
or false representation on which he proposes to rely.
(4) A person to whom notice of such
an action is so given is entitled, if he thinks fit, to be made
a party to it. |
Bankruptcy, etc., of insured or secured persons not to affect claims
by third parties.
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153.—(1) Where,
after a certificate of insurance or certificate of security has
been delivered under section 147 of this Act to the person by whom
a policy has been effected or to whom a security has been given,
any of the events mentioned in subsection (2) below happens, the
happening of that event shall, notwithstanding anything in the [1930
c. 25.] Third Parties (Rights Against Insurers) Act 1930,
not affect any such liability of that person as is required to be
covered by a policy of insurance under section 145 of this Act.
(2) In the case of the person by whom
the policy was effected or to whom the security was given, the events
referred to in subsection (1) above are—
(a) that
he becomes bankrupt or makes a composition or arrangement with
his creditors or that his estate is sequestrated or he grants
a trust deed for his creditors,
(b) that
he dies and—
(i) his
estate falls to be administered in accordance with an order
under section 421 of the [1986 c. 45.] Insolvency
Act 1986,
(ii) an
award of sequestration of his estate is made, or
(iii) a
judicial factor is appointed to administer his estate under
section 11A of the [1889 c. 39.] Judicial Factors
(Scotland) Act 1889,
(c) that
if that person is a company—
(i) a
winding-up order or an administration order is made with respect
to the company,
(ii) a
resolution for a voluntary winding-up is passed with respect
to the company,
(iii) a
receiver or manager of the company's business or undertaking
is duly appointed, or
(iv) possession
is 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.
(3) Nothing
in subsection (1) above affects any rights conferred by the Third
Parties (Rights Against Insurers) Act 1930 on the person to whom
the liability was incurred, being rights so conferred against the
person by whom the policy was issued or the security was given. |
Duty to give information as to insurance or security where claim
made.
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154.—(1) A
person against whom a claim is made in respect of any such liability
as is required to be covered by a policy of insurance under section
145 of this Act must, on demand by or on behalf of the person making
the claim—
(a) state
whether or not, in respect of that liability—
(i) he
was insured by a policy having effect for the purposes of this
Part of this Act or had in force a security having effect for
those purposes, or
(ii) he
would have been so insured or would have had in force such a
security if the insurer or, as the case may be, the giver of
the security had not avoided or cancelled the policy or security,
and
(b) if
he was or would have been so insured, or had or would have had
in force such a security—
(i) give
such particulars with respect to that policy or security as
were specified in any certificate of insurance or security delivered
in respect of that policy or security, as the case may be, under
section 147 of this Act, or
(ii) where
no such certificate was delivered under that section, give the
following particulars, that is to say, the registration mark
or other identifying particulars of the vehicle concerned, the
number or other identifying particulars of the insurance policy
issued in respect of the vehicle, the name of the insurer and
the period of the insurance cover.
(2) If
without reasonable excuse, a person fails to comply with the provisions
of subsection (1) above, or wilfully makes a false statement in
reply to any such demand as is referred to in that subsection, he
is guilty of an offence. |
Deposits.
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155.—(1) Where
a person has deposited a sum with the Accountant General of the
Supreme Court under section 144 or 146 of this Act, then, so long
as any liabilities incurred by him, being such liabilities as are
required to be covered by a policy of insurance under section 145
of this Act, have not been discharged or otherwise provided for,
no part of that sum shall be applicable in discharge of any other
liabilities incurred by him.
(2) Any regulations made, or having
effect as if made, by the Secretary of State or the Board of Trade
under section 20 of the [1958 c. 72.] Insurance Companies
Act 1958 which apply to deposits made by insurers carrying on motor
vehicle insurance business shall, with such necessary modifications
and adaptations as, after consultation with the Lord Chancellor,
may be prescribed, apply to deposits made with the Accountant General
under section 144 or 146 of this Act.
(3) Such provision as might be made
by the Secretary of State or the Board of Trade under section 20
of the Insurance Companies Act 1958 with respect to deposits under
that Act may, after consultation with the Lord Chancellor, be made
by regulations with respect to deposits made with the Accountant
General under section 144 or 146 of this Act. |
Power to require evidence of insurance or security on application
for vehicle excise licence.
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156. Provision
may be made by regulations under section 37 of the [1971 c. 10.]
Vehicles (Excise) Act 1971 for requiring a person applying for a
licence under that Act in respect of a motor vehicle to produce
such evidence as may be prescribed that either—
(a) on
the date when the licence comes into operation there will be in
force the necessary policy of insurance or the necessary security
in relation to the use of the vehicle by the applicant or by other
persons on his order or with his permission, or
(b) the
vehicle is a vehicle to which section 143 of this Act does not
apply at a time when it is being driven under the owner's control.
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Payments
for treatment of traffic casualties
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Payment for hospital treatment of traffic casualties.
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157.—(1) Subject
to subsection (2) below, where—
(a) a
payment, other than a payment under section 158 of this Act, is
made (whether or not with an admission of liability) in respect
of the death of, or bodily injury to, any person arising out of
the use of a motor vehicle on a road or in a place to which the
public have a right of access, and
(b) the
payment is made—
(i) by
an authorised insurer, the payment being made under or in consequence
of a policy issued under section 145 of this Act, or
(ii) by
the owner of a vehicle in relation to the use of which a security
under this Part of this Act is in force, or
(iii) by
the owner of a vehicle who has made a deposit under this Part
of this Act, and
(c) the
person who has so died or been bodily injured has to the knowledge
of the insurer or owner, as the case may be, received treatment
at a hospital, whether as an in-patient or as an out-patient,
in respect of the injury so arising,
the
insurer or owner must pay the expenses reasonably incurred by the
hospital in affording the treatment, after deducting from the expenses
any moneys actually received in payment of a specific charge for
the treatment, not being moneys received under any contributory
scheme.
(2) The amount to be paid shall not
exceed £2,000.37 for each person treated as an in-patient or £200.04
for each person treated as an out-patient.
(3) For the purposes of this section
"expenses reasonably incurred" means—
(a) in
relation to a person who receives treatment at a hospital as an
in-patient, an amount for each day he is maintained in the hospital
representing the average daily cost, for each in-patient, of the
maintenance of the hospital and the staff of the hospital and
the maintenance and treatment of the in-patients in the hospital,
and
(b) in
relation to a person who receives treatment at a hospital as an
out-patient, reasonable expenses actually incurred.
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Payment for emergency treatment of traffic casualties.
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158.—(1) Subsection
(2) below applies where—
(a) medical
or surgical treatment or examination is immediately required as
a result of bodily injury (including fatal injury) to a person
caused by, or arising out of, the use of a motor vehicle on a
road, and
(b) the
treatment or examination so required (in this Part of this Act
referred to as "emergency treatment" ) is effected by a legally
qualified medical practitioner.
(2) The
person who was using the vehicle at the time of the event out of
which the bodily injury arose must, on a claim being made in accordance
with the provisions of section 159 of this Act, 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 £15.00 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 two miles which he
must cover in order—
(i) to
proceed from the place from which he is summoned to the place
where the emergency treatment is carried out by him, and
(ii) to
return to the first mentioned place,
equal
to 29 pence for every complete mile and additional part of a mile
of that distance.
(3) Where
emergency treatment is first effected in a hospital, the provisions
of subsections (1) and (2) above with respect to payment of a fee
shall, so far as applicable, but subject (as regards the recipient
of a payment) to the provisions of section 159 of this Act, have
effect with the substitution of references to the hospital for references
to a legally qualified medical practitioner.
(4) 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. |
Supplementary provisions as to payments for treatment.
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159.—(1) A
payment falling to be made under section 157 or 158 of this Act
in respect of treatment in a hospital must be made—
(a) in
England and Wales, in the case of a hospital vested in the Secretary
of State for the purposes of the [1977 c. 49.] National
Health Service Act 1977, to the Area Health Authority, District
Health Authority or special health authority responsible for the
administration of the hospital or the Secretary of State if no
such authority is so responsible,
(b) in
Scotland, in the case of a hospital vested in the Secretary of
State, to the Secretary of State or on his behalf to any Health
Board authorised by him for the purpose, and
(c) in
the case of any other hospital, to the hospital.
(2) A
claim for a payment under section 158 of this Act may 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 seven days from
the day on which the emergency treatment was effected.
(3) Any such request in writing—
(a) must
be signed by the claimant or, in the case of a hospital, by an
executive officer of the Authority (in Scotland, Board) or hospital
claiming the payment or by an officer of the Secretary of State,
(b) 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, and
(c) may
be served by delivering it to the person who was using the vehicle
or by sending it in a prepaid registered letter, or the recorded
delivery service, addressed to him at his usual or last known
address.
(4) A
payment made under section 158 of this Act 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 concerned of or for effecting the emergency treatment.
(5) A chief officer of police must,
if so requested by a person who alleges that he is entitled to claim
a payment under section 158 of this Act, provide that person with
any information at the disposal of the chief officer—
(a) 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
(b) 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.
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General
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Regulations.
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160.—(1) The
Secretary of State may make regulations for any purpose for which
regulations may be made under this Part of this Act and for prescribing
anything which may be prescribed under this Part of this Act and
generally for the purpose of carrying this Part of this Act into
effect.
In
this Part of this Act "regulations" means regulations under this
section and "prescribed" means prescribed by regulations.
(2) In particular, but without prejudice
to the generality of subsection (1) above, the regulations may make
provision—
(a) as
to forms to be used for the purposes of this Part of this Act,
(b) as
to applications for and the issue of certificates of insurance
and certificates of security and any other documents which may
be prescribed, and as to the keeping of records of documents and
the providing of particulars of them or the giving of information
with respect to them to the Secretary of State or a chief officer
of police,
(c) as
to the issue of copies of any such certificates or other documents
which are lost or destroyed,
(d) as
to the custody, production, cancellation and surrender of any
such certificates or other documents, and
(e) for
providing that any provisions of this Part of this Act shall,
in relation to vehicles brought into Great Britain by persons
making only a temporary stay in Great Britain, have effect subject
to such modifications and adaptations as may be prescribed.
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Interpretation.
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161.—(1) In
this Part of this Act—
"hospital"
means an institution, not being an institution carried on for
profit, which provides medical or surgical treatment for in-patients,
"policy
of insurance" includes a covering note,
"salvage"
means the preservation of a vessel which is wrecked, stranded
or in distress, or the lives of persons belonging to, or the cargo
or apparel of, such a vessel, and
"under
the owner's control" means, in relation to a vehicle, that it
is being driven by the owner or by a servant of the owner in the
course of his employment or is otherwise subject to the control
of the owner.
(2) In
any provision of this Part of this Act relating to the surrender,
or the loss or destruction, of a certificate of insurance or certificate
of security, references to such a certificate—
(a) shall,
in relation to policies or securities under which more than one
certificate is issued, be construed as references to all certificates,
and
(b) shall,
where any copy has been issued of any certificate, be construed
as including a reference to that copy.
(3) In
this Part of this Act, any reference to an accident includes a reference
to two or more causally related accidents. |
Index to Part VI.
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162. The
expressions listed in the left-hand column below are respectively
defined or (as the case may be) fall to be construed in accordance
with the provisions of this Part of this Act listed in the right-hand
column in relation to those expressions.
| Expression
|
Relevant
provision |
| Accident |
Section
161(3) |
| Authorised
insurer |
Section
145(2) |
| Certificate
of insurance |
Sections
147(1) and 161(2) |
| Certificate
of security |
Sections
147(2) and 161(2) |
| Hospital |
Section
161(1) |
| Policy
of insurance |
Section
161(1) |
| Prescribed |
Section
160(1) |
| Regulations |
Section
160(1) |
| Salvage |
Section
161(1) |
| Under
the owner's control |
Section
161(1) |
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