Motor Vehicle (Third Party Insurance) Act Amendment Act 1944 (WA)

No. 40.] Motor Vehicle (Third Party [1944.

Insurance).

MOTOR VEHICLE (THIRD PARTY

INSURANCE).

8° and 9° GEO. VI., No. XL.

No. 40 of 1944.

AN ACT to amend the Motor Vehicle (Third Party In-

surance) Act, 1943.

[Assented to 11th January, 1945.]

BE it enacted by the King's Most Excellent Majesty, by and with the advice and consent of the Legis- lative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows :-

Short title. 1. This Act may be cited as the Motor Vehicle (Third

Party Insurance) Act Amendment Act, 1944, and shall

be read as one with the Motor Vehicle (Third Party Insurance) Act, 1943 (No. 32 of 1943), hereinafter re- ferred to as the principal Act.

Amendment

of s. 3. 2. Section three of the principal Act is amended by adding to the definition of "Motor Vehicle" a paragraph as follows :—

"The term includes a caravan, a trailer or semi- trailer which is drawn or hauled by a motor vehicle."

Amendment

of 5. 4. 3. Section four of the principal Act is amended as

follows :—

(a) by deleting from subsection (8) the whole of

paragraph (a);

1944.] Motor Vehicle (Third Party [No. 40.

Inurance).

(b)

by adding at the end of subparagraph (ii) of paragraph (b) of subsection (8) the word "or";

(c)

by adding to paragraph (b) of subsection (8) a new subparagraph as follows:

(iii) Such other documentary evidence as the local authority to which the application is made deems sufficient to show that there is in force in relation to the vehicle a policy of insur- ance complying with this Act issued by an approved insurer which will, unless lawfully cancelled, remain in force during the whole of the currency of the term of the license for which the application is made.

4. Section six of the principal Act is amended as fol-	of s. 6.
Amendment

lows :—

(a)

by adding at the end of paragraph (b) of sub-

section (1) the words "in any part of the Common-

wealth";

(b) by deleting paragraph (b) of subsection (2) ;

(c) by deleting subsection (3).

5. Section seven of the principal Act is amended as Amendment

follows :- of s. 7.

(a)

by deleting paragraph (a) of subsection (6) ; (8) the word "Treasurer" in line two of the said paragraph (c) and inserting in lieu thereof the word "Minister." (b) by deleting from paragraph (e) of subsection

6.    Section twelve of the principal Act is amended by Amendment

inserting in subsection (6) after the word "authority" in of s. 12.

line one of the said subsection the words "within the

meaning of the Traffic Act, 1919-1941."

7.    Sections are inserted in the principal Act after sec- New sections.

tion nineteen as follows :—

19A. (1) Notwithstanding any agreement to the policy of insurance to

contrary, a policy of insurance issued under and for n

nathstanding

the purposes of this Act—

change of

ownership of

(a) shall not be deemed to be cancelled or other- vehicle. Road

wise deemed to terminate solely by reason Tx1.1 of a change of ownership of the vehicle in s. 70 C relation to which the policy was issued; but

No. 40.] Motor Vehicle (Third Party [1944.

Insurance).

(b) shall, subject to any lawful termination thereof, enure in favour of every person who during the period for which the policy was granted or renewed becomes an owner for the time being of the vehicle in relation to which the policy was issued and in favour of every person who during that period drives that vehicle whether with or without the consent of the owner.

(2) So long as a policy of insurance is in force as aforesaid every owner of the vehicle in relation to which the policy was issued (whether originally a party to the policy or not) shall be bound by all the terms warranties and conditions in the policy as if he had expressly agreed to them.

Term of	19B.	(1) Where a policy of insurance complying
Policy of
insurance

deemed to	with this Act would, but for this section, expire by
be extended
in certain	effluxion of time on the same day as the license then
cases.	last issued and in force in respect of the motor vehicle in relation to which such policy was issued will expire by effluxion of time, the term of such policy of insurance shall, notwithstanding anything to the contrary contained in the policy, by virtue of this Act continue and be extended for a further fif- teen days after the date upon which but for this sec- tion it would have expired by effluxion of time.
(2) Nothing in subsection (1) of this section shall operate or be deemed orconstrued to operate so as to render any policy of insurance aforesaid liable to payment of further stamp duty in consequence of the currency of such policy being extended by the operation of this section.
Provision

regarding	19C.	(1) Where the owner of a motor vehicle in
motor

vehicle of	respect of which a policy of insurance complying
employee
used by	with this Act is in force uses such vehicle in connec-
employee in	tion with or for the purpose of the performance of
employer's
business.	his service as a servant of the employer of such owner, and the employer acquiesces in such use of the vehicle as aforesaid, the said policy of insurance shall, subject to any lawful termination thereof, when such vehicle is being so used enure in favour of the employer as well as of the owner to the same extent

1944.] Motor Vehicle (Third Party [No. 40.

Insurance).

as if the employer were an owner of such vehicle, and the employer shall be bound by all the terms warranties and conditions in the policy as if lie had expressly agreed to them.

(2) Where the owner of a motor vehicle in respect of which a policy of insurance complying with this Act is in force uses the vehicle in connection with or for the purposes of the performance of his service as a servant of the employer of such owner, without the knowledge or contrary to the instructions of the employer, the employer shall not in any manner whatsoever be liable in respect of any claim for damages or compensation by any person injured by such vehicle whilst being so used by the owner thereof as such servant.

19D. When any Act comes into operation which gPi°vr eloevsetro

alters the insurance required to be given by a policy required

of insurance complying with this Act or the rights Als.-RSoeaed

or liabilities of the insurer under any such policy, Tacitac

every poli y of insurance which has been issued for a. 70 C.A.

the purpose of providing insurance required by this Act and is in force when the said Act comes into operation or at any time thereafter shall be deemed to be altered so as to provide the insurance required by this Act as altered by the said first mentioned Act.

19E. Where in any provision of this Act refer- Reference tpoomuetoor

ence is made to the issue of a policy of insurance coin-	plying with this Act such reference shall extend to erxeltrenday
and include the issue of a renewal of such policy of of "hey.
insurance.

8. (1) Section twenty-four of the principal Act is Amendment

amended by deleting therefrom the words "within one of s'

month after the date of the accident out of which such claim for damages arises" in the last two lines of the section, and inserting in lieu thereof words as follows :— "as soon as practicable after the happening of the acci- dent out of which such claim for damages arises and the claim for damages has been made within twelve months from the happening of the said accident, or, in case of death, within twelve months from the date of death of

No. 40.] Motor Vehicle (Third Party [1944.

Insurance).

the person in respect of whom the claim is made. Pro-

vided that

(a)

the want of or ally defect or inaccuracy in 'such notice shall not be a bar to the maintenance of such action, if it is found in such action that the defendant is not or would not if a notice or any amended notice were then given and the hearing of the action postponed, be prejudiced in his defence by the want, defect or inaccuracy, or that such want, defect or inaccuracy was occasioned by mistake, absence from the State or other reasonable cause ; and

(b)

the failure to make the claim for damages within the period above specified shall not be a bar to the maintenance of such action if it is shown that the defendant has not been prejudiced in his defence by such failure or if it is found that the failure was occasioned by mistake, absence from the State, or other reasonable cause."

(2) Subsection (1) of this section shall have effect and shall be deemed to have had effect and to have been in operation as from and including the date of the com- mencement of the principal Act.

Citation of

principal	9. The principal Act as amended by this Act may be
Act as

amended.

cited as the Motor Vehicle (Third Party Insurance) Act,

1943-1944.