Road Traffic Act 1988 s.149 – Avoidance of certain agreements as to liability towards passengers

(1)^F1027This section applies where a person uses a motor vehicle in circumstances such that under section 143 of this Act there is required to be in force in relation to his use of it such a policy of insurance ... as complies with the requirements of this Part of this Act.

(2)If any other person is carried in or upon the vehicle while the user is so using it, any antecedent agreement or understanding between them (whether intended to be legally binding or not) shall be of no effect so far as it purports or might be held—

(a)to negative or restrict any such liability of the user in respect of persons carried in or upon the vehicle as is required by section 145 of this Act to be covered by a policy of insurance, or

(b)to impose any conditions with respect to the enforcement of any such liability of the user.

(3)The fact that a person so carried has willingly accepted as his the risk of negligence on the part of the user shall not be treated as negativing any such liability of the user.

(4)For the purposes of this section—

(a)references to a person being carried in or upon a vehicle include references to a person entering or getting on to, or alighting from, the vehicle, and

(b)the reference to an antecedent agreement is to one made at any time before the liability arose.

Definitions used in section 149 2

motor vehicle: “motor vehicle” means, subject to section 20 of the Chronically Sick and Disabled Persons Act 1970 (which makes special provision about invalid carriages, within the meaning of that Act), a mechanically propelled vehicle intended or adapted for use on roads, and
Defined in s.185(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 149 3

Geologistics Ltd, R (on the application of) v Financial Services Compensation Scheme

[2003] EWHC 629 (Admin) · 4 March 2003Limits

Section 149 was considered in relation to insurers’ obligation to satisfy judgments, including costs and interest, and its victim-focused purpose did not materially affect section 6(5) (see paras [26]; [43]).

2 more judgments, and what each says about section 149, are in the case-law panel in the full Act.

Amendments and notes

2 notes from legislation.gov.uk

Amendments

F1027Words in s. 149(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. 12 (with reg. 5)

Modifications

C174S. 149 excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(b)(2)(b)