38A. Interpretation in Part VA
In this Part:
“owner”, in relation to a passenger public service vehicle, includes any person who operates the vehicle;
“passenger”, in relation to a passenger public service vehicle, means a person being carried in or on the vehicle but does not include a person employed or engaged by the owner of the vehicle to perform any duties which facilitate the operation or maintenance of the vehicle, including driving, conducting, loading or inspecting the vehicle.
38B. Passenger public service vehicles to carry no-fault insurance cover
(1) Subject to this Part, no person shall drive a passenger public service vehicle carrying passengers on any road unless there is in force a policy of insurance, issued by a person who is approved by the Minister as an insurer for the purposes of this Part, which provides a benefit in accordance with a scale approved by the Minister, irrespective of fault on the part of the owner or any of his employees or agents, to every person who suffers loss or injury, up to an amount of:
(a) two thousand dollars (USD 2 000), in respect of the death of or permanent disability suffered by any such passenger; and
(b) three hundred and fifty dollars (USD 350), in respect of medical or funeral expenses incurred by or in respect of any such passenger who suffers bodily injury or dies;
where such death, permanent disability or bodily injury is caused by or arises out of the use of the passenger public service vehicle on any road.
[Subsection amended by s.124 of 2009]
(2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level six or to imprisonment for a period not exceeding one year or to both such fine and such imprisonment.
[Subsection amended by section 4 of Act 22 of 2001.]
38C. Limits of liability in respect of children and small claims
A policy of insurance referred to in section thirty-eight B may provide that:
(a) where a passenger is a child, the benefits payable in respect of his death or permanent disability shall be limited, notwithstanding anything contained in the Insurance Act [Chapter 24:07], to:
(i) two hundred dollars (USD 200), where, at the time of his death or permanent disablement, the child was six years of age or younger;
(ii) three hundred dollars (USD 300), where, at the time of his death or permanent disablement, the child was fourteen years of age or younger but over the age of six years;
[Paragraph amended by s.i 176 of 2007]
(b) no benefit shall be paid where the claim is for fifty dollars or less.
38D. Display of proof of insurance
(1) Whenever a passenger public service vehicle is driven carrying passengers on any road, the owner shall ensure that proof of the insurance required in terms of this Part is displayed prominently on the vehicle’s windscreen.
(2) Any person who contravenes subsection (1) shall be guilty of an offence and liable to a fine not exceeding level four or to imprisonment for a period not exceeding three months or to both such fine and such imprisonment.
[Subsection amended by section 4 of Act 22 of 2001.]
38E. Minister may amend amounts specified in section 38B or 38C
The Minister may, by statutory instrument, amend any amount specified in subsection (1) of section thirty-eight B or in section thirty-eight C:
Provided that no amendment increasing any such amount shall have effect in relation to any policy of insurance issued before the date of commencement of the statutory instrument in which the amendment is contained, until the end of the current term of that policy.
38F. Application of provisions of Part IV to no-fault insurance
Subsections (2), (3) and (4) of section twenty-two, subsection (4) of section twenty-three, subsection (1) of section twenty-four A and sections twenty-five to twenty-nine shall apply, mutatis mutandis, in respect of a policy of insurance referred to in section thirty-eight B.
38G. Provisions of this Part to be additional to those of Part IV
The requirements of this Part shall be additional to, and not in substitution for, the requirements of Part IV.
[Part VA inserted by section 13 of Act 3 of 2000.]