Road Traffic Act, 1933

Approved combined policy and guarantee.

64.—(1) A document shall be an approved combined policy and guarantee within the meaning of this Act if, but only if, it complies with all the following conditions, that is to say:—

(a) it is issued to a person (in this Act referred to as the insured) named therein; and

(b) it complies with all the conditions required by this Act to be complied with by an approved policy of insurance save that the insurance thereby effected does not extend to the whole of the sums required by such conditions to be covered by such insurance; and

(c) the payment by the insured of so much of the said sums as is not covered by such insurance is thereby guaranteed by the vehicle insurer by whom such document is issued; and

(d) such document in so far as it relates to such guarantee complies with all the conditions required by this Act to be complied with by an approved guarantee.

(2) A document which complies with all the conditions set forth in the foregoing sub-section of this section shall not be prevented from being an approved combined policy and guarantee merely by reason of its containing provisions additional to and not inconsistent with the provisions required by those conditions.

(3) A document shall not be prevented from being an approved combined policy and guarantee merely by reason of the insurance thereby effected and the guarantee thereby given being subject to the following limitation and the following exception or either of them, that is to say:—

(a) the limitation of such insurance and guarantee, in so far as they relate to injury to property, to the sum of one thousand pounds in respect of injury occasioned by any one act of negligence or any one series of acts of negligence collectively constituting one event, and

(b) the exception from such insurance and guarantee of any liability (in excess of the common law or the statutory liability applicable to the case) undertaken by the insured by special contract.

(4) Where a policy of insurance issued by a vehicle insurer and a guarantee issued by another vehicle insurer or by a vehicle guarantor would, if issued by the same person and read together as one document, be an approved combined policy and guarantee, such policy and guarantee shall be deemed, for the purposes of this Act, to constitute together one document and to be an approved combined policy and guarantee, and this Part of this Act shall apply thereto accordingly, subject to the modification that references to the person by whom such combined policy and guarantee was issued shall be construed as referring to the person by whom the relevant portion of such combined policy and guarantee was issued.