SCHEDULE 2 - Provisions as to SCHEDULE 2 - Provisions as to Permitted Out-Of-State Vehicles

[Schedule 2 Amended by No. 16 of 1979, s. 4 ]

Section 19

1.   In this Schedule, references to the motor vehicle shall be construed as references to any motor vehicle to which this Schedule applies and, in relation to such a motor vehicle, the policy means the third party insurance policy by virtue of which this Schedule applies to that motor vehicle, and the insurer means the insurer under that policy.

2.   

(1) Subject to this paragraph, the Board is not bound to indemnify a person in respect of any liability incurred by him as the person owning or using the motor vehicle.

(2) Section 16 has effect in relation to the motor vehicle as if the Board were bound, in accordance with Part III , to indemnify the person owning or using it in respect of liabilities incurred by him, but where the Board has made payments under that section in respect of such a liability the Board may recover the amount of those payments from the insurer under the policy that was in force at the time of the accident giving rise to the liability.

(3) Where the damages in respect of which the insurer is bound to indemnify any person are reduced by virtue of section 27 the Board may recover from the insurer as a debt due to it the amount by which those damages are so reduced.

3.   

(1) Subject to this Schedule, nothing in Part III prejudices or affects the operation of the policy in force in respect of the motor vehicle.

(2) Notwithstanding any other law or rule of law to the contrary the insurer under the policy is liable to indemnify –

(a) the owner for the time being of the motor vehicle;

(b) any other person who, at any time during the currency of the policy, and whether with or without the authority or acquiescence of the owner thereof, uses the motor vehicle; and

(c) the personal representatives of any such person as is referred to in clause or clause –