ROAD TRAFFIC [CH.220 – 3

[Original Service 2001] STATUTE LAW OF THE BAHAMAS

CHAPTER 220

ROAD TRAFFIC

MOTOR VEHICLES INSURANCE (THIRD PARTY RISKS) REGULATIONS

(SECTION 24) [Commencement 1st January, 1960]

1. These Regulations may be cited as the Motor Vehicles Insurance (Third Party Risks) Regulations.

2. In these Regulations, unless the context otherwise requires —

“Act” means the Road Traffic Act; “Controller” means the Controller of Road Traffic

appointed under the Act and any interim Controller so appointed, and includes any Deputy Controller so appointed who is authorised by the Controller or by the interim Controller to act on his behalf;

“owner” in relation to any motor vehicle means the person by whom or on whose behalf the vehicle is normally kept and used, and in the case of a vehicle which is the subject of a hiring agreement or hire purchase agreement, means the person in possession of that vehicle under that agreement;

“policy” means such policy of insurance in respect of third party risks arising out of the use of motor vehicles which complies with the requirements of the Act and includes a single covering note issued for a period not exceeding ninety days in respect of any vehicle, but does not include any extension of a covering note or any subsequent covering note issued in respect of the same motor vehicle during any period of six consecutive months.

G.N. 179/1959 G.N. 235/1959 S.I. 60/1970

Citation.

Interpretation.

S.I 60/1970.

CH.220 – 4] ROAD TRAFFIC

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

3. (1) An authorised insurer shall issue to every holder of a policy other than a covering note issued by the authorised insurer —

(a) in the case of a policy relating to a specified vehicle or to specified vehicles a certificate of insurance in Form A set out in the Schedule to these Regulations in respect of each such vehicle;

(b) in the case of a policy not relating to any specified vehicle or vehicles such number of certificates in Form B set out in the Schedule to these Regulations as may, be necessary to enable the requirements of section 21(1) of the Act and the requirements of these Regulations as to the production of evidence that a motor vehicle is not being driven in contravention of section 8(1) of the Act to be complied with.

(2) Every policy in the form of a covering note issued by an authorised insurer shall have printed thereon or on the back thereof a certificate of insurance in Form G set out in the Schedule to these Regulations.

4. (1) Every certificate of insurance shall be duly authenticated by or on behalf of the authorised insurer by whom it is issued.

(2) The certificate aforesaid shall be issued on or before the date on which the policy is issued or renewed.

5. Where under the terms of a policy relating to a specified motor vehicle the holder is entitled to drive any other motor vehicle than that specified without contra- vention of section 8 of the Act, the authorised insurer by whom the policy was issued may and shall on demand being made to him by the holder issue to the said holder a further certificate of insurance in Form A or B set out in the Schedule to these Regulations.

6. (1) Every certificate issued in pursuance of the Act and of these Regulations shall be printed and completed in black on white paper or similar material.

(2) No certificate so issued shall contain any advertising matter either on the face or on the back thereof:

Certificate of insurance.

Schedule.

Schedule.

Certificate to be authenticated by authorised insurer.

Issue of further certificate.

Schedule.

Certificate to be printed in black on white paper.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

Provided that the name and address of an authorised insurer by whom a certificate is issued or a reproduction of the seal of the authorised insurer or any monogram or similar device of the authorised insurer or the name and address of an insurance broker shall not be deemed to be advertising matter for the purposes of this regulation if it is printed or stamped at the foot or on the back of such certificate.

7. Any person applying under section 31 of the Act for the licensing of a motor vehicle shall produce to the Controller for verification, a certificate of insurance issued in accordance with regulation 3(1) (a) of these Regulations indicating that on the date when the licence comes into operation there will be in force a policy in relation to the use of the motor vehicle by the applicant or by other persons on his order or with his permission:

Provided that there may be produced in lieu thereof in the case where the motor vehicle is one of more than ten motor vehicles owned by the same person in respect of which a policy or policies of insurance has or have been obtained by him from the same insurer, a statement duly authenticated by the insurer to the effect that on the date when a licence becomes operative an insurance policy which complies with the Act will be in force in relation to the motor vehicle.

8. (1) Every authorised insurer by whom a policy is issued shall keep a record of the following particulars relative thereto and of any certificates issued in connection therewith —

(a) full name and address of the person to whom the policy or certificate is issued;

(b) in the case of a policy relating to a special motor vehicle or to specified motor vehicles, the index marks and registration number of each such motor vehicles;

(c) the date on which the policy comes into force and the date on which it expires;

(d) in the case of a policy the conditions to which the persons or classes of persons specified in the policy will be indemnified.

(2) Every such record shall be preserved for one year from the date of expiry of the policy.

Certificate of insurance to be shown when applying for licence.

Records of authorised insurer.

CH.220 – 6] ROAD TRAFFIC

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

9. Where to the knowledge of an authorised insurer a policy issued by him ceases to be effective without the consent of the person to whom it was issued otherwise than by effluxion of time or by reason of his death the authorised insurer shall forthwith notify the Controller of the date on which the policy ceased to be effective.

10. Where with the consent of the person to whom it was issued a policy is suspended or ceases to be effective otherwise than by effluxion of time such person shall forthwith return any relative certificates to the authorised insurer by whom they were issued and a new policy shall not be issued to that person nor shall the said policy be transferred to any other person unless and until the certificates have been returned to the authorised insurer or the authorised insurer is satisfied that they have been lost or destroyed.

11. Where any authorised insurer by whom a certificate of insurance has been issued is satisfied that the certificate has been defaced or has been lost or destroyed he shall if requested so to do by the person to whom the certificate was issued, issue him a fresh certificate.

12. Any person, authority or authorised insurer by whom records of documents are required to be kept by these Regulations shall, without charge, furnish to the Commissioner of Police on request any particulars thereof.

SCHEDULE

FORM A (Regulations 3 and 5)

CERTIFICATE OF INSURANCE

THE ROAD TRAFFIC ACT AND THE MOTOR VEHICLES INSURANCE (THIRD PARTY RISKS) REGULATIONS

Certificate No.......................................Policy No.............................. 1. Index mark and registration number of vehicle,.........................

or (if not registered) Make ...................... Chassis No ................ 2. Policy .......................................................................................... 3. Effective date of the commencement of insurance for the

purposes of the Act .....................................................................

Controller to be notified if policy ceases to be effective.

Certificates to be returned when policy suspended.

Issue of fresh certificate.

Particulars to be furnished on request.

G.N. 235/1959.

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[Original Service 2001] STATUTE LAW OF THE BAHAMAS

4. Date of expiry of insurance........................................................... 5. Persons or classes of persons entitled to drive ............................. 6. Limitations as to use ..................................................................... I/We hereby certify that the policy to which this certificate relates is issued in accordance with the provisions of the above-mentioned Act. Hour of issue ....................................................................................... Date of issue ........................................................................................

............................................ Authorised Insurer.

Limitations rendered inoperative by section 14 of the Road Traffic Act, are not to be included under this heading.

FORM B (Regulations 3 and 5)

CERTIFICATE OF INSURANCE

THE ROAD TRAFFIC ACT AND THE MOTOR VEHICLES INSURANCE (THIRD PARTY RISKS) REGULATIONS

Certificate No. ............... Policy No. ............................................ 1. Description of vehicle .................................................................. 2. Name of policy holder .................................................................. 3. Effective date of the commencement of insurance for the

purposes of the Act ....................................................................... 4. Date of expiry of insurance .......................................................... 5. Persons or classes of persons entitled to drive ............................. 6. Limitations as to use ..................................................................... I/We hereby certify that the policy to which this certificate relates is issued in accordance with the provisions of the above-mentioned Act.

............................................................. Authorised Insurer.

Limitations rendered inoperative by section 14 of the Road Traffic Act. are not to be included under this heading.

CH.220 – 8] ROAD TRAFFIC

STATUTE LAW OF THE BAHAMAS [Original Service 2001]

FORM C (Regulation 3)

CERTIFICATE OF INSURANCE

THE ROAD TRAFFIC ACT AND THE MOTOR VEHICLES INSURANCE (THIRD PARTY RISKS) REGULATIONS

I/We hereby certify that this covering note is issued in accordance with the provisions of the above-mentioned Act, and cannot exceed ninety days. Index mark and registration number of vehicle,................................ or (if not registered) Make ................ Chassis No. ............................. Hour of issue ....................................................................................... Date of issue ........................................................................................

.......................................................... Authorised Insurer.

ROAD TRAFFIC (FAREBOXES FOR OMNIBUSES) REGULATIONS

(SECTIONS 25(1) and 81) [Commencement 15th August, 1985]

1. These Regulations may be cited as the Road Traffic (Fareboxes for Omnibuses) Regulations.

2. (1) The holder of an omnibus franchise shall provide in every vehicle operated as an omnibus under his franchise a farebox.

(2) “Farebox” means a receptable affixed to the inner floor of the vehicle for the purpose of collecting the appropriate fare from respective passengers.

3. The firebox shall be positioned within the vehicle either opposite to or immediately behind the left of the driver’s seat.

4. Passengers upon entering the omnibus shall pay the required fare depositing the correct amount into the farebox provided.

Citation

S.I 38/1985

Installation of fareboxes

Location of fareboxes.

Deposit of fare into fareboxes.