Policy of Insurance

  1. The Approved Insurer insures the owner of the motor vehicle and any other person who at any time drives or is a passenger in or on the vehicle, whether with or without the consent of the owner, in respect of all liability that may be incurred by the owner or other person in respect of the death of, or bodily injury to, any person caused by or arising out of the use of the vehicle in any part of the Commonwealth.
  2. A person so insured warrants that he or she will not—
    1. drive the vehicle, or do or omit to do anything in relation to the vehicle, with the intention of causing the death of, or bodily injury to, a person or damage to another’s property or with reckless indifference as to whether such death, bodily injury or damage results; or
    2. drive the vehicle while so much under the influence of intoxicating liquor or a drug as to be incapable of exercising effective control of the vehicle; or
    3. drive the vehicle while there is present in his or her blood a concentration of .1 grams or more of alcohol in 100 millilitres of blood; or
    4. drive the vehicle while not duly licensed or otherwise permitted by law to drive the motor vehicle; or
    5. drive the vehicle while the vehicle is overloaded, or in an unsafe, unroadworthy or damaged condition; or
    6. use the vehicle otherwise than—
      1. for purposes stated in the application for registration, renewal of registration, exemption from registration or a permit, in respect of the vehicle; or
      2. if trade plates are affixed to the vehicle—for purposes stated in the application for the issuing of those plates; or
      3. for purposes agreed on between the insurer and the registered owner of the vehicle; or
    7. if the person is the driver of the vehicle when it is involved in an accident in which a person is killed or injured—commit an offence against section 43 of the Road Traffic Act 1961.
  3. The owner of the vehicle warrants that no other person will, with his or her knowledge or consent which will be presumed in any proceedings in the absence of proof to the contrary, drive or use the vehicle, or do or omit to do anything in relation to the vehicle, contrary to any of the paragraphs of clause 2.
  4. This policy of insurance does not extend to liability arising from death of, or bodily injury to, a participant in a road race caused by the act or omission of another participant in the road race.
  5. The insurer may at any time and in its sole discretion novate this policy of insurance to a third party who is also an approved insurer under the Motor Vehicles Act 1959 (SA) (New Insurer). The person insured under a policy of insurance (Insured) agrees to such novation such that no further consent by the Insured is required. In the event of a novation by the insurer under this clause:
    1. the insurer and the Insured will be released from their obligations under this agreement, and their respective rights against one another under this agreement will cease;
    2. the novated agreement will be on the same terms and conditions as this agreement, such that the New Insurer and the Insured will assume the same obligations toward one another and acquire the identical rights against one another as the rights and obligations discharged under paragraph (a), except that the New Insurer replaces the Insurer as the insurer; and
    3. the Insured consents to his or her personal information being provided to the New Insurer for the purposes of the novated agreement.