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Road Traffic Act 1988

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148 Avoidance of certain exceptions to policies F1... .E+W+S

(1)[F2Where a policy [F3is issued] for the purposes of this Part of this Act,] so much of the policy F4... as purports to restrict—

(a)the insurance of the persons insured by the policy, F5 ...

F5(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F6... 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 [F7the Vehicle Excise and Registration Act 1994].

(3)Nothing in subsection (1) above requires an insurer F8... 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 F9... in or towards the discharge of any liability of any person which is covered by the policy F10... by virtue only of subsection (1) above is recoverable by the insurer F11... from that person.

(5)A condition in a policy [F12issued] for the purposes of this Part of this Act providing—

(a)that no liability shall arise under the policy F13... , 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 F14... , 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 F15... requiring the person insured F16... to pay to the insurer F17... any sums which the latter may have become liable to pay under the policy F15... 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.

Textual Amendments

F2Words in s. 148(1) substituted (30.6.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 3 para. 3; S.I. 2015/994, art. 9(a) (with Sch. Pt. 3A) (as amended by S.I. 2015/1405, art. 2)

F7Words in 148(2)(h) substituted (1.9.1994) by 1994 C. 22, ss. 63, 66, Sch. 3 para. 24(1) (with s. 57(4))

Modifications etc. (not altering text)

C1S. 148 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)

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