Revised Laws of Saint Lucia (2023)

1.   Citation

These Regulations may be cited as the Motor Vehicles Insurance (Third-party Risks) Regulations.

2.   Interpretation

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   (1)   In these Regulations—

“Act” means the Motor Vehicles Insurance (Third-party Risks) Act;

“Licensing Authority” means the authority appointed in accordance with the Motor Vehicles and Road Traffic Act;

“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;

“policy” means such policy of insurance in respect of third-party risks arising out of the use of motor vehicles as complies with the requirements of the Act and includes a covering note;

“sticker” means the document for display evidencing the existence of an insurance policy issued under the Act and these Regulations.

PART 2
CERTIFICATES OF INSURANCE GENERALLY

3.   Certificate of insurance

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   (1)   An insurer shall issue to every holder of a policy, in addition to the covering note and the insurance sticker—

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      (a)     in the case of a policy relating to a specified vehicle, a certificate of insurance as set out in Form A in the Schedule in respect of each such vehicle;

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      (b)     in the case of a policy not relating to any specified vehicle, such number of certificates as set out in Form B in the Schedule.

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   (2)   The certificate of insurance referred to under subsection (1) shall enable the requirements of section 18 of the Act and of these Regulations, as to the production of evidence that the motor vehicle is not being driven in contravention of section 3 of the Act, to be complied with.

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   (3)   Every covering note issued by an insurer shall have printed in front or at the back of it a certificate of insurance in the form set out as Form C in the Schedule.

4.   Authentication of certificates

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   (1)   Every certificate of insurance shall be duly authenticated by or on behalf of the insurer by whom it is issued.

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   (2)   The certificate referred to in subregulation (1) shall be issued on or before the date on which the policy is issued or renewed.

5.   Issue of further certificate

Where under the terms of a policy relating to a specified motor vehicle the holder is entitled to drive any other motor vehicle without contravening section 3 of the Act, the insurer by whom the policy was issued shall on demand being made to him or her by the holder issue to him or her a further certificate of insurance in the forms set out as Forms A or B in the Schedule.

6.   Nature of certificate

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   (1)   Every certificate issued under the Act and of these Regulations shall be printed and completed in black on white paper or similar material.

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   (2)   A certificate so issued shall not contain any advertising matter either on the face or on the back thereof; but the name and address of an insurer by whom a certificate is issued or a reproduction of the seal of the insurer or any monogram or similar device of the insurer shall not be deemed to be advertising matter for the purposes of this regulation if it is printed or stamped in fine print at the foot or on the back of such certificate.

7.   Application for insurance

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   (1)   Any person who applies for the grant or renewal of a policy for a—

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      (a)     public service vehicle;

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      (b)     motor vehicle which is more than 3 years old or has more than 24,000 miles on its mileometer; or

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      (c)     trailer,

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   shall produce such vehicle to an inspector appointed and Gazetted by the Licensing Authority for inspection.

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   (2)   On receipt of an application under subregulation (1), if the insurer is satisfied that there is compliance with the requirements of the Act and these Regulations, the insurer may issue an insurance sticker and a certificate in the approved form.

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   (3)   The insurer shall not issue a certificate or an insurance sticker for

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      (a)     a public service vehicle;

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      (b)     a motor vehicle which is more than 3 years old or has more than 24,000 miles on its mileometer; or

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      (c)     a trailer,

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   until a certificate from an Inspector in the approved form is furnished with respect to the vehicle to be insured.

8.   Display of insurance sticker

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   (1)   The insurance sticker shall, on every occasion when the motor vehicle is used, be carried on the motor vehicle in a waterproof holder of a type approved or furnished by the Licensing Authority, so that the front of the insurance sticker is displayed and can be read without removing it from the holder.

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   (2)   The waterproof holder containing the insurance sticker shall be fixed to the motor vehicle at the upper left-hand corner of the windscreen of the vehicle and in such a position that the insurance sticker is upright and can be easily seen and read by a person standing on the left or near the side of the vehicle.

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   (3)   If the Licensing Authority is satisfied that the waterproof holders are not available in Saint Lucia, and a notice to this effect has been published in the Gazette, the insurance sticker, if not carried as required by this regulation shall be either posted at the lower left-hand corner of the windscreen or carried by the driver.

9.   Application for registration

Any person who applies for the registration of a motor vehicle under section 9 of the Motor Vehicles and Road Traffic Act or a licence under section 19 of the Motor Vehicles and Road Traffic Act shall produce to the licensing officer a certificate of insurance indicating that on the day when the registration or licence comes into operation there will be in force a policy in relation to the user of the motor vehicle by the applicant or by other persons on his or her order or with his or her permission.

10.   Records

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   (1)   Every insurer by whom a policy is issued shall keep a record of the following particulars in respect of any certificates issued:

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      (a)     the full name and address of the person to whom the policy or certificate is issued;

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      (b)     in the case of a policy relating to a specified motor vehicle, the index mark and registration number of each such motor vehicle;

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      (c)     the date on which the policy comes into force and the date on which it expires; and

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      (d)     in the case of a policy, the conditions subject to which the persons or classes of persons specified in the policy will be indemnified.

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   (2)   Every such record shall be preserved for at least one year from the date of expiry of the policy.

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   (3)   An insurer by whom a certificate of insurance is issued shall within a period of 2 weeks from the day the policy becomes effective, forward to the Licensing Authority a duplicate of the certificate.

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   (4)   Any person, authority or insurer by whom records of documents are required to be kept by these Regulations shall, without charge, furnish to the Licensing Authority or to the Commissioner of Police, on request any particulars thereof.

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   (5)   Where with the consent of the person to whom it was issued a policy is suspended or ceases to be effective otherwise than by the effluxion of time such person shall immediately return any related certificates to the insurer by which they were issued and a new policy shall not be issued to that person, unless and until the certificates have been returned to the insurer or the insurer is satisfied that they have been lost or destroyed.

11.   Issue of fresh certificate

Where any insurer by whom a certificate of insurance has been issued is satisfied that the certificate has become defaced or has been lost or destroyed he or she shall, if requested to do so by the person to whom the certificate was issued, issue to that person a fresh certificate.

PART 3
CERTIFICATES OF FOREIGN INSURANCE

12.   Definitions

In this Part—

“motor vehicle” means a motor vehicle brought into Saint Lucia by a visitor;

“visitor” means a person who is in Saint Lucia for a continuous period not exceeding 3 months and who brings along a motor vehicle into Saint Lucia.

13.   Application by visitors for certificate of foreign insurance

A visitor who is a holder of a policy of insurance issued in any place outside Saint Lucia in respect of third-party risks arising out of the driving by him or her of a motor vehicle in Saint Lucia may apply to the Licensing Authority for a certificate (in these Regulations called “a certificate of foreign insurance”) in the form set out as Form D in the Schedule.

14.   Issue of certificate of foreign insurance

The Licensing Authority may issue a certificate of foreign insurance to any visitor who applies for it in the manner prescribed by these Regulations.

15.   Form of application for certificate of foreign insurance

An application for a certificate of foreign insurance shall be signed by the person by whom it is made and shall specify the number of the policy in respect of third-party risks held by him or her, the name and address of the insurer by whom it was issued, the date on which the policy commences and the date on which it expires, and shall also contain a declaration by the applicant that the provisions of the policy with respect to third-party risks are effective in relation to the driving of the motor vehicle in Saint Lucia by him or her or by some other person or classes of persons specified in the declaration.

16.   Authentication of certificate of foreign insurance

Every certificate of foreign insurance shall be signed by a person authorised in that behalf by the Licensing Authority.

17.   Validity of certificate of foreign insurance

The period of validity of a certificate of foreign insurance shall not exceed the unexpired period covered by the policy to which it relates.

18.   Effect of certificate of foreign insurance

For the purposes of the Act and of regulations 6 and 7 of these Regulations, a certificate of foreign insurance shall have effect as if it were a certificate of insurance issued by an insurer and the policy of insurance to which it relates shall be deemed to comply with the requirements of the Act.

19.   Return of certificate of foreign insurance

A certificate of foreign insurance shall immediately be returned by the visitor to the Licensing Authority if the motor vehicle to which it relates is sold or otherwise disposed of or if by reason of his or her obtaining a new policy or otherwise a new certificate of foreign insurance is issued to him or her during his or her stay in Saint Lucia, and if the certificate is not so returned it shall be surrendered to the Licensing Authority by or on behalf of the visitor when the motor vehicle is taken out of Saint Lucia.

20.   Record to be kept of certificates of foreign insurance

The Licensing Authority shall keep a record of the following particulars relative to any certificates of foreign insurance issued by it—

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   (a)     the full name and address of the person to whom the certificate is issued and particulars of the persons or classes of persons authorised to drive the motor vehicle;

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   (b)     the date on which the policy of insurance to which the certificate relates commences and the date on which it expires;

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   (c)     the date of the return of the certificate to the Licensing Authority,

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   and the Licensing Authority shall, without charge, furnish to the Commissioner of Police on request any particulars thereof.

PART 4
MISCELLANEOUS

21.   Offence and penalty

A person who contravenes or fails to comply with any of the requirements of these Regulations commits an offence and is liable on summary conviction to a fine not exceeding $2,000.