Road Traffic Act 1988, section 148

Avoidance of certain exceptions to policies

Part VI Third-Party Liabilities

(1)F1013[F1011 Where a policy [F1012 is issuedF1012] for the purposes of this Part of this Act,F1011] so much of the policy ... as purports to restrict—

(a)F1014the insurance of the persons insured by the policy, ...

F1014(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F1015... by reference to any of the matters mentioned in subsection (2) below shall, as respects such liabilities as are required to be covered by a policy under section 145 of this Act, be of no effect.

(2)Those matters are—

(a)the age or physical or mental condition of persons driving the vehicle,

(b)the condition of the vehicle,

(c)the number of persons that the vehicle carries,

(d)the weight or physical characteristics of the goods that the vehicle carries,

(e)the time at which or the areas within which the vehicle is used,

(f)the horsepower or cylinder capacity or value of the vehicle,

(g)the carrying on the vehicle of any particular apparatus, or

(h)the carrying on the vehicle of any particular means of identification other than any means of identification required to be carried by or under [F1016the Vehicle Excise and Registration Act 1994F1016] .

(3)F1017Nothing in subsection (1) above requires an insurer ... to pay any sum in respect of the liability of any person otherwise than in or towards the discharge of that liability.

(4)F1018,F1019,F1020Any sum paid by an insurer ... in or towards the discharge of any liability of any person which is covered by the policy ... by virtue only of subsection (1) above is recoverable by the insurer ... from that person.

(5)A condition in a policy [F1021issuedF1021] for the purposes of this Part of this Act providing—

(a)F1022that no liability shall arise under the policy ... , or

(b)that any liability so arising shall cease,

F1023in the event of some specified thing being done or omitted to be done after the happening of the event giving rise to a claim under the policy ... , shall be of no effect in connection with such liabilities as are required to be covered by a policy under section 145 of this Act.

(6)F1024,F1025,F1026,F1024Nothing in subsection (5) above shall be taken to render void any provision in a policy ... requiring the person insured ... to pay to the insurer ... any sums which the latter may have become liable to pay under the policy ... and which have been applied to the satisfaction of the claims of third parties.

(7)Notwithstanding anything in any enactment, a person issuing a policy of insurance under section 145 of this Act shall be liable to indemnify the persons or classes of persons specified in the policy in respect of any liability which the policy purports to cover in the case of those persons or classes of persons.

Definitions used in section 148 3

drive

“driver”, where a separate person acts as a steersman of a motor vehicle, includes (except for the purposes of section 1 of this Act ) that person as well as any other person engaged in the driving of the vehicle, and “drive” is to be interpreted accordingly,

Defined in s.192(1) · see it in the full Act
goods

“goods” includes goods or burden of any description,

Defined in s.192(1) · see it in the full Act
policy of insurance

“policy of insurance” includes a covering note,

Defined in s.161(1) · see it in the full Act

Cases considering section 148 14

Cameron v Hussain & Anor

[2017] EWCA Civ 366 · 23 May 2017Limits

The majority treated section 148 as part of the statutory policy preventing specified policy restrictions from defeating third-party liabilities while preserving insurer recourse. (see paras [16]; [41]; [43]-[44]) The judgment described the provisions as nullifying specified restrictions on insurance for liabilities required to be covered by section 145. (see para [16]) The judgment described the provisions as nullifying certain post-event contractual defences while preserving an insurer’s right to recover sums paid to satisfy third-party claims. (see para [16])

Sahin v Havard & Anor

[2016] EWCA Civ 1202 · 30 November 2016Limits

The court treated section 148 as limiting ineffective exclusions to matters listed in section 148(2), while recognising that other exclusions can remain effective (see paras [22]; [30]; [31]). The court applied the list of matters for which policy restrictions are ineffective. An exclusion for liability arising while a vehicle was driven by an unauthorised person was outside that list and remained effective (see para [22]).

Churchill Insurance Company Ltd v Fitzgerald & Wilkinson & Ors

[2012] EWCA Civ 1166 · 24 August 2012Limits

The court uses section 148 as a statutory comparison. It explains that certain policy restrictions are ineffective while specified insurer recovery rights remain available. (see paras [16], [61]) The court treats section 148(1) as rendering certain restrictions on the insurance of persons ineffective for liabilities required to be covered. (see para [16]) The court refers to section 148(2) as identifying the conditions to which the restrictions in section 148(1) relate. (see para [16]) The court notes that sums paid because of ineffective policy exclusions may be recovered from the person who would otherwise have been insured. It identifies a similarity with section 151(8). (see paras [16], [61]) The court explains that section 148(5) renders specified avoidance or cancellation conditions ineffective for liabilities required to be covered. (see paras [16], [61]) The court treats section 148(6) as preserving a contractual right to recover sums paid to satisfy third-party claims. It links this statutory bargain to the recovery right in section 151(8). (see paras [16], [61])

What each judgment says about section 148 is in the case-law panel in the full Act.

Amendments and notes

18 notes from legislation.gov.uk

Amendments

  1. F1010Words in s. 148 heading omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 11(2) (with reg. 5)
  2. F1013Words in s. 148(1) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 11(3)(a)(ii) (with reg. 5)
  3. F1011Words in s. 148(1) substituted (30.6.2015) by Deregulation Act 2015 (c. 20), s. 115(7), Sch. 3 para. 3; S.I. 2015/994, art. 9(a) (with Sch. Pt. 3A) (as amended by S.I. 2015/1405, art. 2)
  4. F1012Words in s. 148(1) substituted (1.11.2019) by The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 11(3)(a)(i) (with reg. 5)
  5. F1014S. 148(1)(b) and word omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 11(3)(b) (with reg. 5)
  6. F1015Words in s. 148(1) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 11(3)(c) (with reg. 5)
  7. F1016Words in 148(2)(h) substituted (1.9.1994) by 1994 C. 22, ss. 63, 66, Sch. 3 para. 24(1) (with s. 57(4))
  8. F1017Words in s. 148(3) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 11(4) (with reg. 5)
  9. F1018Words in s. 148(4) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 11(5)(a) (with reg. 5)
  10. F1019Words in s. 148(4) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 11(5)(b) (with reg. 5)
  11. F1020Words in s. 148(4) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 11(5)(c) (with reg. 5)
  12. F1021Word in s. 148(5) substituted (1.11.2019) by The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 11(6)(a) (with reg. 5)
  13. F1022Words in s. 148(5)(a) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 11(6)(b) (with reg. 5)
  14. F1023Words in s. 148(5) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 11(6)(c) (with reg. 5)
  15. F1024Words in s. 148(6) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 11(7)(a) (with reg. 5)
  16. F1025Words in s. 148(6) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 11(7)(b) (with reg. 5)
  17. F1026Words in s. 148(6) omitted (1.11.2019) by virtue of The Motor Vehicles (Compulsory Insurance) (Miscellaneous Amendments) Regulations 2019 (S.I. 2019/1047), reg. 1, Sch. 1 para. 11(7)(c) (with reg. 5)

Modifications

  1. C173S. 148 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)