Cap. 104 чл. 12Avoidance of restrictions on scope of policies, and of contracts restrictive of liability.

(1) Where a certificate of insurance has been issued under article 4(4) to the person by whom a policy has been effected, so much of the policy as purports to restrict the insurance of the persons insured thereby by reference to any of the following matters:

(a) the condition of the person driving the vehicle; or

(b) the condition of the vehicle; or

(c) the number of persons that the vehicle carries; or

(d) the weight or physical characteristics of the goods that the vehicle carries; or

(e) the times at which or the areas within which the vehicle is used; or

(f) the horse-power or value of the vehicle; or

(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 any law in force; or

(i) the colour of the vehicles; or

(j) the age of the person driving the vehicle, shall, as respects such liabilities as are required to be covered by a policy under article 4(1), be of no effect: Provided that nothing in this subarticle shall require an authorized insurer to pay any sum in respect of the liability of any person otherwise than in or towards the discharge of that liability, and any sum paid by an authorized insurer in or towards the discharge of any liability of any person which is covered by the policy by virtue only of this subarticle shall be recoverable by the authorized insurer from that person.

(2) Any contract for the conveyance of a passenger in a motor vehicle in which passengers are carried for hire or reward shall, so far as it purports to negative or to restrict the liability of any person in respect of any claim which may be made against that person in respect of the death of, or bodily injury to the passenger while being carried in or upon, or entering or getting on to, or alighting under the policy the use or driving of motor vehicles by -

(a) persons who do not have express or implied authorisation thereto; or

(b) persons who do not hold a licence permitting them to drive the motor vehicle concerned; or

(c) persons who are in breach of the prescribed technical requirements concerning the condition and safety of the motor vehicle concerned, shall be void in respect of claims by third parties: Provided that the clause referred to in paragraph (a) may be invoked against persons who voluntarily entered the motor vehicle the use of which caused the damage or injury, if the authorized insurer can prove that such persons knew the motor vehicle was stolen or was used without authorisation

(4) Any clause contained in the policy of insurance which excludes the members of the family of the insured person, driver or any other person who incurs civil liability, and whose liability is covered by the policy of insurance as referred to in article 4(1), from insurance in respect of their personal injuries by virtue of that relationship shall be void.