Section 148 Avoidance of certain exceptions to policies ... .F17C1
England, Wales and Scotland
F1Where a policy F2is issued for the purposes of this Part of this Act, so much of the policy F3... as purports to restrict—
the insurance of the persons insured by the policy, F4 ...
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F5... 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.
Those matters are—
the age or physical or mental condition of persons driving the vehicle,
the condition of the vehicle,
the number of persons that the vehicle carries,
the weight or physical characteristics of the goods that the vehicle carries,
the time at which or the areas within which the vehicle is used,
the horsepower or cylinder capacity or value of the vehicle,
the carrying on the vehicle of any particular apparatus, or
the carrying on the vehicle of any particular means of identification other than any means of identification required to be carried by or under F6the Vehicle Excise and Registration Act 1994.
Nothing in subsection (1) above requires an insurer F7... to pay any sum in respect of the liability of any person otherwise than in or towards the discharge of that liability.
A condition in a policy F11issued for the purposes of this Part of this Act providing—
that no liability shall arise under the policy F12... , or
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 F13... , 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.
Nothing in subsection (5) above shall be taken to render void any provision in a policy F14... requiring the person insured F15... to pay to the insurer F16... any sums which the latter may have become liable to pay under the policy ... and which have been applied to the satisfaction of the claims of third parties.
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.
Annotations
Textual amendments
- F1
Words 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)
- F2
Words in s. 148(1) substituted (1.11.2019) by The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 11(3)(a)(i) (with reg. 5)
- F3
Words in s. 148(1) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 11(3)(a)(ii) (with reg. 5)
- F4
S. 148(1)(b) and word omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 11(3)(b) (with reg. 5)
- F5
Words in s. 148(1) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 11(3)(c) (with reg. 5)
- F6
Words in 148(2)(h) substituted (1.9.1994) by 1994 C. 22, ss. 63, 66, Sch. 3 para. 24(1) (with s. 57(4))
- F7
Words in s. 148(3) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 11(4) (with reg. 5)
- F8
Words in s. 148(4) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 11(5)(a) (with reg. 5)
- F9
Words in s. 148(4) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 11(5)(b) (with reg. 5)
- F10
Words in s. 148(4) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 11(5)(c) (with reg. 5)
- F11
Word in s. 148(5) substituted (1.11.2019) by The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 11(6)(a) (with reg. 5)
- F12
Words in s. 148(5)(a) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 11(6)(b) (with reg. 5)
- F13
Words in s. 148(5) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 11(6)(c) (with reg. 5)
- F14
Words in s. 148(6) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 11(7)(a) (with reg. 5)
- F15
Words in s. 148(6) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 11(7)(b) (with reg. 5)
- F16
Words in s. 148(6) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 11(7)(c) (with reg. 5)
- F17
Words in s. 148 heading omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 11(2) (with reg. 5)
Modifications
- C1
S. 148 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)
Notes on Part VI
Modifications
- C1
Pt. VI: power to modify conferred (E.W.) by National Health Service Act 1977 (c. 49, SIF 113:2), ss. 23(4), 27(5) (as amended by Road Traffic (Consequential Provisions) Act 1988 (c. 54, SIF 107:1), s. 4, Sch. 3 para. 18(1)(2))
- C2
Pt. VI modified (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), art. 27
Notes on Compulsory insurance ...
Textual amendments
- F1
Words in s. 143 cross-heading omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 5 (with reg. 5)