§ [No.41.]
§ Schedule 1, page 19, line 32, at end insert—
§ ' 4.—(1) A person charged under section 143 of the Road Traffic Act 1972 with the offence of using, or causing or permitting the use, of a motor vehicle so as to contravene that section (driving uninsured) may prove as a defence that the vehicle was being used by authority of the Secretary of State under section 4(2) of this Act and that—
- (a) it was at the material time the subject of insurance or security complying with Part VI of the 1972 Act; and
- (b) pursuant to arrangements made by or with the Secretary of State for the purposes of section 4(2), the insurance or security is treated as extending to its use on that occasion.
§ (2) A person charged under section 162 or 166 of the Road Traffic Act 1972 with an offence of failing to produce the relevant certificate of insurance or certificate of security within the meaning of Part VI of that Act may prove as a defence that the vehicle was being used by authority of the Secretary of State under section 4(2) of this Act and that—
- (a) he produced a certificate of insurance or certificate of security complying with Part VI of that Act; and
- (b) pursuant to arrangements made by or with the Secretary of State for the purposes of section 4(2), the insurance or security to which the certificate relates is treated as extending to the use in question '.
§ Lord STRABOLGIMy Lords, I beg to move that this House doth agree with the Commons in their Amendment No. 41. This Amendment, which was introduced by the Government, relates to a point raised by my noble friend Lord Davies of Leek in our earlier discussions on this Bill. It concerns the insurance position of a person using a private car to carry passengers on a cost-sharing basis under an authority granted by the Secretary of State under Clause 4(2). Cost-sharing might be held to invalidate a private car insurance policy, which normally excludes use for hire.
§ Moved, That this House doth agree with the Commons in the said Amendment.—(Lord Strabolgi.)
§ Lord DAVIES of LEEKMy Lords, I shall be brief at this time of night. I am grateful to the Government for inserting this. It has removed what I considered to be an anomaly and consequently I am certain it will improve the Bill. From both sides of the House, I am sure we are grateful to the Government.