Section 60A: Liability of non-resident drivers

60A. Liability of non-resident drivers (1) Notwithstanding any other enactment or any term or condition of an insurance policy or an agreement— (a) where liability to a third party arises in respect of a motor vehicle while it is being used by a non-resident, whether under a contract of hire between the non-resident and the owner of the R27 – 51 [Issue 1] Road Traffic Act motor vehicle or with the authorisation of the owner of the motor vehicle— (i) the non-resident shall be deemed to be the agent (“préposé”) of the owner of the motor vehicle; and (ii) the owner of the motor vehicle shall indemnify the third party in respect of the liability; (b) where— (i) the owner of a motor vehicle is required to indemnify a third party under paragraph (a) (ii); and (ii) there is in force, at the material time, in relation to the use of the motor vehicle, such policy of insurance or such security in respect of third party risks as complies with this Part, the policy of insurance or security in respect of third party risks shall have effect as if the motor vehicle was being used by the owner of the motor vehicle and not by the non-resident; (c) subject to paragraph (d), a third party shall not be required to institute proceedings for the recovery of compensation or damages in respect of the liability under paragraph (a) against any person other than the owner of the motor vehicle; (d) the insurer shall be joined as a defendant in any proceedings under paragraph (c); and (e) where an insurer has, under this section, paid compensation to a third party, he shall have no right of indemnity for any sum paid out to the third party against— (i) the owner of the motor vehicle in respect of which the policy was issued; or (ii) the non-resident who was using the motor vehicle at the time the liability was incurred. (2) Subsection (1) shall not apply to a motor vehicle belonging to a nonresident and in respect of which a visitor’s licence has been issued.