Motor Vehicles (Third-Party Risks and Compensation) (Amendment) Bill

Bill No. 26/1980

Read the first time on 31st October 1980.

An Act to amend the Motor Vehicles (Third-Party Risks and Compensation) Act (Chapter 88 of the Revised Edition).

Be it enacted by the President with the advice and consent of the Parliament of Singapore, as follows: —

Short title and commencement

1. This Act may be cited as the Motor Vehicles (Third-Party Risks and Compensation) (Amendment) Act, 1980, and shall come into operation on such date as the Minister may, by notification in the Gazette, appoint.

Amendment of section 4

2. Section 4 of the Motor Vehicles (Third-Party Risks and Compensation) Act is amended by deleting subsection (1) and substituting the following subsections: —

“(1) In order to comply with the requirements of this Act, a policy of insurance must, subject to the provisions of subsection (1A) of this section, be a policy which —

(a)	is issued by an insurer who at the time the policy is issued is lawfully carrying on motor insurance business in Singapore; and
(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 motor vehicle.

(1A) The policy shall not, by virtue of paragraph (b) of subsection (1) of this section, be required to cover —

(a)	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)	any contractual liability.”.

New Section 4A

3. The Motor Vehicles (Third-Party Risks and Compensation) Act is amended by inserting, immediately after section 4, the following section: —

“Exclusion of liability in respect of passengers to be of no effect

4A.—(1) Where after the commencement of the Motor Vehicles (Third-Party Risks and Compensation) (Amendment) Act, 1980, a person uses a motor vehicle in circumstances such that under section 3 of this Act there is required to be in force in relation to his use of it such a policy of insurance or security as is mentioned in subsection (1) of that section, then, if any other person is carried in or upon the motor 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 motor vehicle as is required by section 4 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,

and 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.

(2) For the purposes of this section references to a person being carried in or upon a motor vehicle include references to a person entering or getting on to, or alighting from, the motor vehicle, and the reference to an antecedent agreement is to one made at any time before the liability arose.”.

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