Road Transport Act 1987 [Act 333]

99 Settlement between insurers and insured persons   cite [+]

Where a person who is insured under a policy issued for the purposes of this Part has become bankrupt or where, in the case of such insured person being a company, a winding-up order has been made or a resolution for a voluntary winding-up has been passed with respect to the company, no agreement made between the insurer and the insured after liability has been incurred to a third party and after the commencement of the bankruptcy or winding-up, as the case may be, nor any waiver, assignment or other disposition made by, or payment made to, the insurer after the commencement aforesaid, shall be effective to defeat or affect the rights transferred to the third party under this Act, but those rights shall be the same as if no such agreement, waiver, assignment, disposition or payment had been made.

100 Bankruptcy, etc., not to affect third party claims   cite [+]

Where a certificate of insurance has been delivered under subsection 91(4) to the person by whom a policy has been effected, the happening in relation to any person insured by the policy, of any such event as is mentioned in subsection 97(1) or (2) shall, notwithstanding anything contained in this Act, not affect any such liability of that person as is required to be covered by a policy under paragraph 91(1)(b) of this Act, but nothing in this section shall affect any rights against the insurer conferred under sections 97, 98 and 99 on the person to whom the liability was incurred.

101 Further rights of third parties against insurer   cite [+]

(1) No settlement by an insurer in respect of any claim which might be made by a third party in respect of any such liability as is required to be covered by a policy under paragraph 91(1)(b) shall be valid unless such third party is a party to such settlement.

(2) A policy issued under this Part shall remain in force and available for third parties, notwithstanding the death of any person insured under paragraph 91(1)(b) as if such insured person were still alive.

102 Surrender of certificate on cancellation of policy   cite [+]

(1) Where a certificate of insurance has been delivered under subsection 91(4) to the person by whom a policy has been effected and the policy is cancelled by mutual consent or by virtue of any provision in the policy, the person to whom the certificate was delivered shall, within seven days from taking effect of the cancellation, surrender the certificate to the insurer or, if it has been lost or destroyed, make a statutory declaration to that effect, and if he fails so to do he shall be guilty of an offence.

(2) Where a policy has not been issued following the issue of a cover note, or a policy has been cancelled, transferred to another person or altered to cover the insured vehicle for use for a purpose other than that for which it was originally issued, it shall be the duty of the insurer to inform the Director by whom the vehicle insured by such policy or cover note was registered, and if he fails so to do he shall be guilty of an offence and shall on conviction be liable to a fine not exceeding three hundred ringgit.

103 Production of certificates   cite [+]

(1) It shall be the duty of the owner of a motor vehicle to give such information as he may be required by or on behalf of a Chief Police Officer or a Director to give the purpose of determining whether the motor vehicle was or was not being driven in contravention of section 90 on any occasion when the driver was required under section 58 to produce his certificate within five days, and if the owner fails so to do he shall be guilty of an offence.

(2) In this section, the expression "produce his certificate" means produce for examination the relevant certificate of insurance or certificate of security or such other evidence that the motor vehicle is not or was not being driven in contravention of section 90 as may be prescribed.

104 Insurer to be notified of any occurrence   cite [+]

It shall be the duty of the insured to notify the insurer as soon as possible of the occurrence of any event which may give rise to a claim under a policy.

105 Deposits   cite [+]

If any sum is deposited by any person under or as a condition of approval by the Minister under section 91 or 93, no part of such sum shall, so long as any liabilities being such liabilities as are required to be covered by a policy of insurance under this Part which have been incurred by him have not been discharged or otherwise provided for, be applicable in discharge of any other liabilities incurred by him.

106 Application of this Part to securities   cite [+]

This Part shall apply, in relation to securities having effect for the purposes of this Part, as they apply in relation to policies of insurance, and in relation to any such security as aforesaid, references in the said provisions to being insured, to a certificate of insurance, to an insurer and to persons insured shall be construed respectively as references to the having in force of the security, to the certificate of security, to the giver of the security and to the persons whose liability is covered by the security.

107 Rules   cite [+]

The Minister may make rules for prescribing anything which may be prescribed under this Part and generally for the purpose of carrying this Part into effect, and in particular but without prejudice to the generality of the foregoing provisions may make rules-

(a) to prescribe the forms to be used for the purposes of this Part;

(b) as to applications for and the issue of certificates of insurance and any other documents which may be prescribed, and as to the keeping of records of documents and the furnishing of particulars thereof, or the giving of information with respect thereto, to the Minister, a Chief Police Officer or the Director General;

(c) as to the issue of copies of any such certificates or other documents which are lost or destroyed;

(d) as to the custody, production, cancellation and surrender of any such certificates or other documents; and

(e) for providing that any provisions of this Part shall, in relation to motor vehicles brought into Malaysia from a place outside Malaysia by persons making only a temporary stay in Malaysia, have effect subject to such modifications and adaptations as may be prescribed.

Important Notice: Legislation from this website is not a copy of the Gazette printed by the Government Printer, Percetakan Nasional Malaysia Berhad, for the purposes of section 61 of the Interpretation Acts 1948 and 1967 [Act 388] and does not constitute prima facie evidence of the contents of the Gazette by virtue of the section.