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CHAPTER 6 Civil liability

Law of Compulsory Motor Vehicle, The

Page 90


Civil liability


6.1 The RTA 1988 s 143 forbids a person using a motor vehicle without having an insurance or security as required by the Act. Further, the RTA 1988 regulates that a person must not cause or permit any other person to use a motor vehicle on a road unless there is insurance or security as required by the Act. Section 143 (2) of the RTA 1988 provides that “if a person acts in contravention of subsection (1) above he is guilty of an offence.” In addition to this statutory sanction for contravening the insurance obligation under the RTA 1988, in Monk v Warbey 1 the Court accepted a claim in tort against the person who breached the RTA 1930 s 35 (now the RTA 1988 s 143) by allowing an uninsured person to use the vehicle.

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