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ROAD TRAFFIC ACT 1961 - SECT 47C

ROAD TRAFFIC ACT 1961 - SECT 47C

47C—Relation of conviction under section 47B or 47BA to contracts of insurance etc

        (1)         A person is not, by reason only of having been convicted or found guilty of an offence against section 47B(1), 47B(1a), 47BA(1) or 47BA(1a) or having expiated such an offence, to be taken, for the purposes of any law, or of any contract, agreement, policy of insurance or other document, to have been under the influence of, or in any way affected by, intoxicating liquor or a prescribed drug, or incapable of driving, or of exercising effective control of, a motor vehicle, at the time of the commission of that offence or alleged offence.

        (2)         The provisions of subsection (1) have effect despite anything contained in any law, or any covenant, term, condition or provision of, or contained in, any contract, agreement, policy of insurance or other document, and a covenant, term, condition or provision purporting to exclude, limit, modify or restrict the operation of that subsection is void.

        (3)         Any covenant, term, condition or provision contained in a contract, policy of insurance or other document purporting to exclude or limit the liability of an insurer in the event of the owner or driver of a motor vehicle being convicted or found guilty of, or expiating, an offence against section 47B(1), 47B(1a), 47BA(1) or 47BA(1a) is void.