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The Motor Vehicles (Third ~~~rt title arty Insurance) Ordinance
Cap. 132
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Contents
- Preamble
- Section 1 — Short title, .commencement and apphcatwn.
- Section 2 — In this Ordinance unless the context otherwise requires-
- Section 3
- Section 5 — The provisions of section 3 shall not apply-
- Section 6
- Section 8 — (1) For the purposes of this Ordinance a security must-
- Section 9
- Section 10
- Section 11
- Section 12
- Section 13
- Section 14
- Section 15
- Section 16
- Section 17
- Section 18
- Section 19
- Section 20
Motor Vehicles (Third Party Insurance) [Cap. 133 1349
CHAPTER 133.
i ~~! MOTOR VEHICLES (THIRD PARTY INSURANCE).
illllllll
ARRANGEMENT OF SECTIONS.
sECTION· . . .
2 ' Interpretation.
3' Users of motor vehicles to be insured against third party risks.
4: Limitati.on of time for proceedings.
5 Exemptwns.
6· No motor vehicle to be licensed until user is insured.
7. (1) Requirements in respect of policies.
· (3) Certificate of insurance.
8. (1) Requirements in respect of insurance.
(2) Certificate of security.
9. Certain conditions to policies or securities to be of no effect.
10. Avoidance of restrictions on the scope of policies and securities.
11. (1) Duty of insurers to satisfy judgments against persons insured in
respect of third party risks.
(5) Interpretation.
12. Duty to give information to third parties.
13. Rights of third parties against insurers.
14. Insurer to pay certain hospital expenses.
15. Duty to surrender certificate of cancellation of policy.
16. Certificate to be produced.
17. Deposits.
18. (1) Offences and penalties.
(3) Penalties.
19. References to certificate to include copies.
20. Rules.
CHAPTER 133.
MOTOR VEHICLES (THIRD PARTY INSURANCE).
An Ordinance to make provision against third party risks 3 of 1949.
arising out of the use of motor vehicles.
[1ST APRIL, 1951.] *
P 1. This Ordinance may be cited as the Motor Vehicles (Third ~~~rt title
arty Insurance) Ordinance, and shall apply to the Colony and application.
Protectorate.
" driving licence " means a licence to drive a motor vehicle
granted under the provisions of the Road Traffic Ordinance;
* P.N. 120 of 1950.
Interpretation.
_I3_5_o_·____c_ap_._13_3_]_M_o_to_r_V_eh_i_cl_es_(T_h~_·r_d_P_a_1_·ty_In_s_u_r_an_c_e_)____ ~
Users of
motor
vehicles to
be insured
against third
party risks.
" highway " includes any roadway to which the public
have access; ··.···
"motor cycle" means a motor vehicle designed to travel
on not more than two wheels and includes a combination of)
motor cycle and side-car; U
" motor vehicle " means a vehicle propelled by mechanical ••••••
power other than a vehicle constructed to run on rails and
includes a motor cycle;
" owner " in relation to a motor vehicle which is the
subject of a hiring agreement or a hire purchase agreement
means the person in possession of the motor vehicle under
that agreement;
" passenger vehicle " means a motor vehicle used for
carrying passengers for hire or reward;
" police officer " means a member of the Sierra Leone
Police Force, or an administrative officer;
" policy of insurance " includes a covering note;
" superior police officer " means any police officer
above the rank of Assistant Superintendent;
"use" with its grammatical variations and
expressions means use on a highway.
(1) Subject to the provisions of this Ordinance no personshall use, or cause or permit any other person to use a motor
vehicle unless there in in force in relation to the user of
motor vehicle by such person or such other person, as the case
may be, such a policy of insurance or such a security in respect
of third party risks as complies with the provisions of this
Ordinance.
(2} If a person acts in contravention of this section he shall
be liable on summary conviction to a fine of one hundred pounds
or to imprisonment for one year or to both such fine and
imprisonment and a person convicted of an offence under this
section shall (unless the Court for special reasons sees fit to order
otherwise and without prejudice to the power of the Court to
order a longer period of disqualification) be disqualified for
holding or obtaining a driving licence for a period of twelve
months from the date of conviction.
A person disqualified by virtue of a conviction under this
section for holding or obtaining a driving licence shall be
deemed to be so disqualified under the provisions of the Road
Traffic Ordinance.
1350 Cap. 133] MotoT Vehicles (ThiTd PaTty Insumnce)
Users of
motor
vehicles to
be insured
against third
party risks.
" highway " includes any roadway to which the public
have access;
"motor cycle" means a motor vehicle designed to travel
on not more than two wheels an(!. includes a combination of
motor cycle and side-car;
" motor vehicle " means a vehicle propelled by mechanical
power other than a vehicle constructed to run on rails and
includes a motor cycle;
" owner " in relation to a motor vehicle which is the
subject of a hiring agreement or a hire purchase agreement
means the person in possession of the motor vehicle under
that agreement;
" passenger vehicle " means a motor vehicle used for
carrying passengers for hire or reward;
" police officer " means a member of the Sierra Leone
Police Force, or an administrative officer;
" policy of insurance " includes a covering note;
" superior police officer " means any police officer of or
above the rank of Assistant Superintendent;
"use" with its grammatical variations and cognate
expressions means use on a highway.
3. (I) Subject to the provisions of this Ordinance no person
shall use, or cause or permit any other person to use a motor
vehicle unless there in in force in relation to the user of that
motor vehicle by such person or such other person, as the case
may be, such a policy of insurance or such a security in respect
of third party risks as complies with the provisions of this
Ordinance.
(2) If a person acts in contravention of this section he shall
be liable on sun1mary conviction to a fine of one hundred pounds
or to imprisonment for one year or to both such fine and
imprisonment and a person convicted of an offence under this
section shall (unless the Court for special reasons sees fit to order
otherwise and without prejudice to the power of the Court to
order a longer period of disqualification) be disqualified for
holding or obtaining a driving licence for a period of twelve
, months from the date of conviction.
A person disqualified by virtue of a conviction under this
section for holding or obtaining a driving licence shall be
deemed to be so disqualified under the provisions of the Road
Traffic Ordinance.
Motor Vehicles (Third Party Insurance) [Cap. 133 1351
4. :N'otwithstand~g the prov~sions of any law which prescribe
. e within whiCh proceedmgs may be brought before a
a tunt proceedings in respect of an offence under section 3 may
Cour,
be instituted-
(a) within a period of six months from the date of the
commission of the alleged offence; or
(b) within a period which exceeds neither six months from
the date on which it came to the knowledge of the prosecutor
that the offence had been committed nor one year from the
date of the commission of the offence,
-wluchever period is the longer.
(a) to the user of a motor vehicle owned by Government
or by the Imperial Government while such motor vehicle is
being use~ for the purposes of the Government owning such
rnotor vehicle; or
(b) to the user of a passenger vehicle owned by a person
who has deposited or keeps deposited with the Accountant
General the sum of twenty-five thousand pounds or of any
other vehicle owned by a person who has so deposited the sum
of five thousand pounds in respect of such a motor vehicle at
any time when such motor vehicle is being driven by the owner
or by a servant of the owner in the course of his employment
or is otherwise subject to the control of the owner; or
(c) to the user of a motor vehicle at any time when it is
driven for police purposes hy or under the direction of a
superior police officer.
Exemptions.
Notwithstanding anything in any law contained, no No motorlicence for a motor vehicle shall be issued under the Road ~:~!~:at~~r1
Traffic Ordinance, until there has been produced to the licensing "?-ser is
authority proof in such form as may be prescribed that on the ~:;~~~2.
date when the licence comes into operation there will be in force
a policy of insurance or a security valid for the purposes of this
Ordinance in relation to the user of the motor vehicle by the
a~plicant for the licence or by other persons on his order or
With his permission or that the user of such motor vehicle is not
required to be covered by any such policy or security by reason
of the provisions of section 5 of this Ordinance.
7· (l) A policy of insurance for the purposes of this Ordinance Requiremust b l" hi h ments in
e a po Icy W C - respect of
(a) is issued by an insurer approved by the Governor in policies.
Council; and
1352 Cap. 133] Motor Vehicles (Third Party Insurance)
Certificate of
insurance.
Requirements in
respect of
insurance.
(b) insures such person or classes of person as rnay 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
a motor vehicle covered by the policy:
Provided that such policy shall not 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) save in the case of a passenger vehicle or where persons
are carried by reason of or in pursuance of a contract of
employment, liability in respect of the death of or bodily
injury to a person being carried in or upon or entering or
getting on to or alighting from a motor vehicle at the time of
the occurrence of the event out of which the claims arise; or
(c) any contractual liability.
(2) Notwithstanding anything in any law contained a person
issuing a policy of insurance under this section shall be liable to
indemnify the persons or classes of person specified in the
policy in respect of any liability which the policy purports to
cover in the case of those persons or classes of person.
(3) A policy shall be of no effect for the purpose of this
Ordinance unless and until there is issued by the approved
insurer in favour of the person by whom the policy is effected a
certificate (in this Ordinance referred to as a "certificate of
insurance ") in the prescribed form and containing such
particulars of any conditions subject to which the policy is issued
and of such other matters as may be prescribed.
(a) ·be given either by an insurer approved by the Governor
in Council or by some person, company or body of persons
approved by the Governor in Council carrying on the business
of giving securities of a like kind; and
(b) consist of an undertaking by the giver of the security
to make good, subject to any conditions contained therein,
any failure by the owner of any passenger vehicle or any
other motor vehicle or such other persons or classes of person
as may be specified in the security duly to discharge any
such liability as is required to be covered by a policy of
Motor Vehicles (Third Party Insurance) [Cap. 133 1353
----------. surance issued under the provisions of this Ordinance
nhich may be incurred by him or them, and such security
'ian in the case of an undertaking relating to the use of
s assenger vehicles be up to an amount of not less than
twenty-five thousand pounds and in any other case of not less
than five thousand pounds.
(Z) A security shall be of no effect for the purposes of this
Ordinance unless and until there is i~su.ed ~y the pers.on givi~g
the security to the person to who,~ It ~s given a cert~ca~~ (:n
this Ordinance referred to as a certificate of secunty ) m
the prescribed. form an~ containing .sue~ particulars of any
onditions subJect to which the secunty IS Issued and of such
~ther matters as may be prescribed.
Certificate of
security.
Any condition in a policy or security issued or given for ~~~~~~ons tothe purposes of this Ordinance providing that no liability shall policies or
arise under the policy or security or that any liability so arising ~~c~~i:~s to
shall cease in the event of some specified thing being done or effect.
omitted to be done after the happening of the event giving rise
to a claim under the policy or security shall, in respect of such
liabilities as are required to be covered by a policy or security
issued for the purposes of this Ordinance, be of no effect:
Provided that nothing in this section shall be so construed
as to render void any provision in a policy or security requiring
the person insured or secured to repay to the insurer or the
giver of the security any sums which the insurer or the giver
ofthe security may have become liable to pay under the policy
or the security and which have been applied to the satisfaction
of the claims of third parties.
Where a certificate of insurance has been issued in favourof the person by whom a policy has been effected or where a
certificate of security has been issued in favour of the person
whose liability is covered by such security so much of the policy
as ~urports to restrict the insurance of a person insured thereby
or, m the case of a security, such conditions attached thereto as
purport to restrict the liability of the giver of the security, in
respect of any of the following matters-
~ a) the age or physical or mental condition of persons
dnvmg the motor vehicle; or
(b) the condition of the motor vehicle; or
(c) the number of persons that the motor vehicle carries; or
h (d) the weight or physical characteristics of the goods that
t e motor vehicle carries; or
S.L.-VoL. III-11
Avoidance of
restrictions
on the scope
of policies
and
securities.
1354 Cap. 133] ~Motor Vehicles (Third Party Insurance)
Duty of
insurers to
satisfy
judgments
against
persons
insured in
respect of
third party
risks.
(e) the times at which or the area within which the motor
vehicle is used; or
(f) the horse-power or cylinder capacity or value of the
motor vehicle; or
(g) the carrying on the motor vehicle of any particular
apparatus; or
(h) the carrying on the motor vehicle of any particular
means of identification other than any means of identification
required to be carried under the provisions of the Road
Traffic Ordinance,
shall, in respect of such liabilities as are required to be covered
by a policy or security issued for the purposes of this Ordinance,
be of no effect:
Provided that nothing in this section shall require an insurer
or the giver of a security 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 insurer or the giver of a
security in or towards the discharge of the liability of
person which is covered by the policy or security by virtue
of this section shall be recoverable by the insurer or the giver
of the security from that person.
(1) If after a certificate of insurance has been issued infavour of the person by whom a policy has been effected or a
certificate of security has been issued in favour of the person
whose liability is covered by such security judgment in respect
of any such liability as is required to be covered by a policy
security issued for the purposes of this Ordinance, being a
liability covered by the terms of the policy or security,· is
obtained against any person insured by the policy or whose
liability is covered by the security, as the case may be, then,
notwithstanding that the insurer or the giver of the security
may be entitled to avoid or cancel or may have avoided or
cancelled the policy or the security, as the case may be, the
insurer or the giver of the security shall, subject to the provisions
of this section, pay to the persons entitled to the benefit of such
judgment any sum payable thereunder in respect of the liability
including any sum payable in respect of costs and any sum
payable by virtue of any law in respect of interest on that sum
or judgment.
(2) No sum shall be payable by an insurer or the giver of a
security under the provisions of sub-section (1)-
(a) in respect of any judgment unless before or within
fourteen days after the commencement of the proceedings in
Motor Vehicles (Third Party Insurance) [Cap. 133 1355
----hich the judgment was given the insurer or the giver of the
':curity had notice of the bringing of the proceedings; ors .
(b) in respect of any judgment so long as execution thereon
is stayed pending an appeal; or
(c) in connection with any liability if before the happening
f the event, which was the cause of the death or bodily
?njury giving rise to the liability, the policy or security was
~ancelled by m~tual c~nsent or by virtue of any provision
contained therem and either-
(i) before the happening of such event the certificate of
insurance or the certificate of security, was surrendered to
the insurer or the giver of the security, as the case may be,
or the person to whom such certificate was delivered made
a statutory declaration stating that such certificate had
been lost or destroyed and so could not be surrendered; or
(ii) after the happening of such event but before the
expiration of fourteen days from the taking effect of the
cancellation of the policy or of the security the certificate
of insurance or the certificate of security, as the case may
be, was surrendered to the insurer or the giver of the
security or the person to whom such certificate was delivered
made a statutory declaration that such certificate had been
lost or destroyed and so could not be surrendered; or
(iii) either before or after the happening of the event,
but within a period of fourteen days from the taking effect
of the cancellation of the policy or the security, the insurer
or the giver of the security had commenced criminal
proceedings under section 15 of this Ordinance in respect
of the failure to surrender the certificate of insurance or
the certificate of security, as the case may be.
(3) No sum shall be payable by an insurer or the giver of a
security under the provisions of this section if in an action
commenced before or within three months after the commencement of the proceedings ·in which the judgment was given he
has obtained a declaration that apart from any provisions
?onta~ed in the policy or the security, as the case may be, he
Is entitled to avoid it on the ground that it was obtained by the
no~-disclosure of a material fact or by a representation of fact
whiCh was false in a material particular or, if he has avoided
the policy or the security on that ground, that he was entitled
to do so apart from any provision contained in it:
Pr.?vided that an insurer or the giver of a security who has
obtamed such a declaration in an action shall not thereby be
S.L.-VoL. III-II*
1356 Cap. 133] Motor Vehicles (Third Party Insurance)
Interpretation.
Duty to give
information
to third
parties.
entitled to the benefit of the provision of this sub-section in
respect of any judgment obtained in any proceedings commenced
before the commencement of that action, unless before or within
fourteen days after the commencement of that action he has
given notice thereof to the person who is plaintiff in the said
proceedings specifying the non-disclosure or false representation
on which he proposes to rely and any person to whom notice of
such action is given shall be entitled, if he thinks fit, to be made
a party thereto.
(4) If the amount which an insurer or the giver of a security
under the provisions of this section becomes liable to pay in
respect of the liability of a person insured by a policy or covered
by a security, as the case may be, exceeds the amount for which
he would, apart from the provisions of this section, be liable to
pay under the policy or the security in respect of that liability,
he shall be entitled to recover the excess from that person.
(5) In this section-
" liability covered by the terms of the policy or security "
means a liability which is covered by the policy or the security,
as the case rna y be, or which would be so covered were it not
that the insurer or the giver of the security is entitled to
avoid or cancel or has avoided or cancelled the policy or the
security, as the case may be; and
"material" in respect of an insurance policy means of such
a nature as to influence the judgment of a prudent insurer in
determining whether he will accept the risk and if so, at what
premium and on what conditions, and, in respect of a security,
means of such a nature as to influence the judgment of a
prudent person giving such securities in determining·whether
he would give such security and if so, on what conditions.
(1) Any person against whom a claim is made in respectof any liability required to be covered by a policy or security
under the provisions of this Ordinance shall on demand by or
on behalf of the person making such claim state whether or not
he was insured or covered in respect of that liability by any
policy or security, as the case may be, having effect for the
purposes of this Ordinance, or would have been so insured or
covered if the insurer or giver of the security had not cancelled
or avoided the policy or security, as the case may be, and, if
he were or would have been so insured or covered, give such
particulars with regard to the policy or security as were specified
in the certificate of insurance or the certificate of security, as the
case may be, issued to him in respect thereof.
Motor Vehicles (Third Party Insurance) [Cap. 133 1357
(2) Any person who, without reasonable excuse, the onus of
oviug which shall be upon him, fails to comply with the
provisions of this section or who wilfully or negligently makes
pr false or misleading statement in reply to a demand for
r:lormation, shall be guilty of an offence against this Ordinance.
(1) No settlement ma~e by .an i~surer or the giver o~ aecurity in respect of any clarm whiCh mrght be made by a thnd6 arty in respect of any liability as is required to be covered by
P policy or security issued for the purposes of this Ordinance
:hall be valid unless such third party is a party to such settlement.
(2) A policy or security issued under the provisions of this
Ordinance shall remain in force and available for third parties
notwithstanding the death of any person insured under such
olicy or covered by such security, as the case may be, as if such
~erson were still alive, and any cash deposit made by any person
under paragraph (b) of section 5 shall remain available for third
parties notwithstanding the death of the depositor.
Rights of
third parties
against
insurers.
Where any payment is made, whether or not with an Insurer tof li b.l. b pay certain
admission o a 1 rty, y- hospital
(a) an approved insurer under or in consequence of a policy expenses.
issued under the provisions of this Ordinance; or
(b) the owner of a motor vehicle in relation to the user of
which a security under section 8 is in force; or
(c) the owner of a motor vehicle who has made a deposit
under section 5,
in respect of the death of or bodily injury to any person arising
out of the use of a motor vehicle and the person who has so
died or received bodily injury has to the knowledge of the
approved insurer or such owner as the case· may be received
treatment at a hospital, whether as an in-patient or an outpa~ient, in respect of the injury so arising, there shall be also
pard by the approved insurer or such owner to such hospital
the expenses reasonably incurred by such hospital in giving such
treat_rnent after deducting any moneys actually received by such
hosprtal in payment of a specific charge for such treatment:
Provided that the amount to be paid by the approved insurer
or the owner shall not exceed fifty pounds for each person so
~reated as an in-patient and five pounds for each person so
reated as an out-patient.
1358 Cap. 133] Motor Vehicles (Third Party Insurance)
Duty to
surrender
certificate of
cancellation
of policy.
Certificate to
be produced.
Where a certificate of insurance has been issued, underthe provisions of this Ordinance, in favour of the person by
whom a policy has been effected or a certificate of security has
been issued in favour of a person whose liability is covered by a
security and the policy or security, as the case may be, is
cancelled by mutual consent or by virtue of any provision in the
policy or security, the person to whom such certificate was
delivered shall, within seven days from the taking effect of the
cancellation of such policy or security, surrender such certificate
to the insurer or the giver of the security, or, if such certificate
has been lost or destroyed, make a statutory declaration to that
effect and any person contravening the provisions of this section.
shall be guilty of an offence against this Ordinance.
(1) Any person driving a motor vehicle on a highwayshall, on being so required by a police officer, give his name an.d
address and the name and address of the owner of the motor
vehicle and shall produce his certificate and any person contravening the provisions of this sub-section shall be guilty of an
offence against this Ordinance:
Provided that, if the driver of a motor vehicle within
days after the date on which the production of his certificate
so required produces the certificate in person at such
station in the Colony or at the office of such administrative
officer in the Protectorate as may have been specified by such
driver at the time when its production was required, he shall not
be convicted of an offence under this sub-section by reason only
of failure to produce his certificate to the police officer.
(2) In any case where owing to the presence of a
vehicle on a highway an accident occurs involving bodily
to any person, the driver of such motor vehicle shall produce
certificate to a police officer or to any person having reasona
grounds for requiring its production and in the event of
driver .in such circumstances failing to produce his
he shall, when reporting the accident in accordance with
provisions of section 4 7 of the Road Traffic Ordinance, IJ.L\J\.Ll.LVV
his certificate, and any person contravening the provisions
this sub-section shall be guilty of an offence against
Ordinance:
Provided that a person shall not be convicted under this
sub-section by reason only of failure to produce his certificate,
if, within five days after the occurrence of the accident, he
produces the certificate in person at such police station in
Colony or at the office of such administrative officer in the
Motor Vehicles (Third Party Insurance) [Cap. 133 1359
protectorate as may be specified by him at the time the accident
was reported.
(3) The provisions of this section shall be in addition to and
tin derogation of the provisions of section 47 of the Road Cap. 132.
no d"Traffic Or mance.
(4) An owner of a motor vehicle shall give such information
s :may be required by a police officer for the purpose of deter-
~ining whether the motor vehicle was or was not being driven
in contravention of the provisions of this Ordinance on any
ccasion on which the driver was required to produce his
~ertifi.cate and any owner failing so to do shall be guilty of an
offence against this Ordinance.
(5) In this section " to produce his certificate " means to
produce for examination the relevant certificate of insurance
or certificate of security or such other evidence as may be
prescribed that the motor vehicle was not being driven in
contravention of the provisions of this Ordinance.
Notwithstanding any law to the contrary, where a sum Deposits.is deposited by any person under the provisions of section 5 or
as a condition of approval by the Governor in Council under
the provisions of section 7 or section 8 neither that sum nor any
part thereof shall, so long as any liability being a liability
required to be covered by a policy of insurance under this
Ordinance which has been incurred by such person remain
undischarged or otherwise unprovided for, be applicable in
discharge of any other liabilities incurred by such person.
(l) If any person for the purpose of obtaining a certificate Offe~~~s andof insurance or a certificate of security under the provisions pena les.
of this Ordinance makes any statement either oral or written
which is false or misleading or withholds any material information such person shall, unless he proves to the satisfaction of
the court that he acted without any intent to deceive, be guilty
of an offence against this Ordinance and be liable, on conviction,
to a fine of two hundred pounds or to imprisonment for two
years or to both such fine and imprisonment.
{2) Any person who with intent to deceive-
. {a) forges, alters, defaces or mutilates any certificate of
~nsurance or certificate of security or any other document
Issued under this Ordinance; or
(b) uses or allows to be used by any other person any
forged, altered, defaced or mutilated certificate of insurance
1360 Cap. 133] Motor Vehicles (Third Party Insurance)
Penalties.
References to
certificate to
include
copies.
or certificate of security or any other document issued under
this Ordinance; or
(c) lends to or borrows from any other person a certificate
of insurance or a certificate of security or any other document
issued under the provisions of this Ordinance; or
(d) makes or has in his possession any document so closely
resembling a certificate of insurance or a certificate of security
or any other document issued under the provisions of this
Ordinance as to be calculated to deceive; or
(e) issues any certificate of insurance or certificate of
security or any other document to be issued under the
provisions of this Ordinance which is to his knowledge false
in any material particular,
shall be guilty of an offence and liable, on summary conviction,
to a fine of one hundred pounds or to imprisonment for one year
or to both such fine and imprisonment.
(3) Any person who is guilty of an offence against this
Ordinance for which no special penalty is provided shall, on
summary conviction, be liable in respect of a first conviction,
to a fine of fifty pounds or six months imprisonment or to both
such fine and imprisonment and in the case of a second or
subsequent conviction to a fine of one hundred pounds or to·
imprisonment for one year or to both such fine and imprisonment.
(4) If any police officer has reasonable cause to believe that
any certificate of insurance or certificate of security or any
other document produced to him in pursuance of the provisions
of this Ordinance by the driver or owner of a motor vehicle is
a document in relation to which an offence under this section
has been committed, he may seize the document and when any
such document is so seized the driver and the owner of such
motor vehicle or either of them shall, if neither of them has been
charged with an offence,under the provisions of this section, be
summoned before a magistrate to account for the possession of
or the presence on the motor vehicle of the said document and
the magistrate may make such order respecting the disposal of
the document and award such costs as he may deem just.
In this Ordinance references to a certificate of insuranceor certificate of security in any provision relating to the surrender or loss or destruction ofa certificate, shall, in relation to
policies or securities under which more than one certificate is
issued, be construed as references to all or any of such certificates
Motor Vehicles (Third Party Insurance) [Cap. 133 1361
d shall, where any copy of a certificate has been issued, be
~~nstrued as including a reference to such copy.
The Gov_ernor in Council m~y make rules for pr~s?ribing Rules.everything whiCh may be prescnbed under the prov1~10ns ~f
this Ordinance and generally for the purpose of puttmg th1s
Ordinance into effect and in particular but without prejudice
to the generality of the foregoing provisions, may make rules-
(a) pr~scribing the forms to be used for the purposes of
this Ordmance;
(b) declaring approved insurers;
(c) prescribing the requirements in relation to securities
either generally or in any particular case;
(d) as to applications for and the issue of certificates of
insurance, certificates of security and any other documents
which may be prescribed and the furnishing of particulars
thereof and the giving of information with respect thereto;
(e) as to the issue of copies of any certificates or documents
which are lost, mutilated or destroyed;
(f) as to the custody, production, cancellation and surrender of any such certificates or other documents;
(g) for providing that any of the provisions of this
Ordinance shall, in relation to motor vehicles brought into
Sierra Leone by persons making only a temporary stay in
Sierra Leone, have effect subject to such modifications oand
adaptations as may be prescribed;
(h) with respect to the payment of deposits and the
documents to be issued in relation thereto and the investments
thereof and dealing with the deposit of stocks or other
securities in lieu of money, the payment of the interest or
dividends from time to time accruing due on any securities
in which deposits may be for the time invested and the
withdrawal and transfer of deposits;
( i) prescribing fees to be charged in respect of anything
done under the provisions of this Ordinance;
(j) prescribing penalties for the breach of any rules made
hereunder not exceeding a fine of fifty pounds or imprisonment
for six months or both such fine and imprisonment.
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