The Motor Vehicles Insurance Act

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CHAPTER 169
THE MOTOR VEHICLES INSURANCE ACT
[PRINCIPAL LEGISLATION]
Arrangement of Sections
Section Title
1. Short title.
2. Operation of Act.
3. Interpretation.
4. Motor vehicles to be insured against third party risks.
5. Requirements in respect of insurance policies.
6. Requirements in respect of securities.
7. Certificate of insurance.
8. Certain conditions in policies of insurance of no effect.
9. Production of certificate of Insurance.
10. Duty of insurers to satisfy judgments against persons insured in respect
of third.
11. Penalty for false statement and willful avoidance of policy.
12. Duty of persons against whom claims are made to give information
as to insurance.
13. Duty to surrender certificate of insurance on cancellation of policy.
14. Procedure on application for motor vehicle licence.
15. Rights of third parties against insurers on bankruptcy of insured.
16. Avoidance of restrictions on scope of policies covering third party risks.
17. Provision with regard to visitors.
18. Power to make rules.
19. Penalty for offences.

estrictions on scope of policies covering third party risks.
17. Provision with regard to visitors.
18. Power to make rules.
19. Penalty for offences.

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1. This Act may be cited as the Motor Vehicles Insurance Act. 2. The President may, by notice in the Gazette, suspend or
restrict the operation of this Act. 3. In this Act, unless the context otherwise requires-
“driver”, where a separate person acts as steersman of a
motor vehicle, includes that person as well as any other
person engaged in the driving of the vehicle, and the
word “drive” shall be construed accordingly;
“motor vehicle” means a mechanically propelled vehicle
intended or adapted for use on roads, but does not
include a steam traction engine, a steam roller or a vehicle
constructed and intended for use exclusively on rails;
“owner” in relation to a vehicle which is the subject of a
hiring agreement or a hire-purchase agreement, means
the person in possession under that agreement;
“policy of insurance” includes a cover note;
“road” means any highway and any other road to which the
public has access and includes bridges over which a road
passes. Short title
Operation of Act
Interpretation
Ord. No. 47 of 1949 s.

road to which the
public has access and includes bridges over which a road
passes. Short title
Operation of Act
Interpretation
Ord. No. 47 of 1949 s.

2
CHAPTER 169
THE MOTOR VEHICLES INSURANCE ACT
An Act to make provision for insurance against third party risks arising out
of the use of motor vehicles. [1st November, 1946]
[GN No. 412 of 1961]
Ords Nos. 18 of 1945
6 of 1948
47 of 1949
33 of 1954
34 of 1957

ks arising out
of the use of motor vehicles. [1st November, 1946]
[GN No. 412 of 1961]
Ords Nos. 18 of 1945
6 of 1948
47 of 1949
33 of 1954
34 of 1957

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THE MOTOR VEHICLES INSURANCE ACT [CAP. 169 R.E. 2023]
4.–(1) Subject to the provisions of this Act, it shall not be
lawful for any person to use, or to cause or permit any other
person to use, a motor vehicle on a road unless there is in force
in relation to the use of the vehicle by that person or that other
person, as the case may be, such a policy of insurance or such
a security in respect of third party risks as complies with the
requirements of this Act. (2) Where a person acts in contravention of this section
he shall be liable to a fine not exceeding one hundred pounds
or its equivalent in Tanzania shillings or to imprisonment for
a term not exceeding six months, or to both such fine and
imprisonment, and a person convicted of an offence under this
section shall, unless the court for special reasons thinks fit to
order otherwise and without prejudice to the power of the court
to order a longer period of disqualification, be disqualified for
holding or obtaining a driving licence for a period of twelve
months from the date of the conviction.

period of disqualification, be disqualified for
holding or obtaining a driving licence for a period of twelve
months from the date of the conviction.

(3) The provisions of subsection (1) of this section which
relate to the use of a motor vehicle on a road shall not apply-
(a) to any person lawfully using a motor vehicle owned by
the Government or a public corporation; or
(b) to any authorised person while he is lawfully using,
in accordance with any provision contained in the
Road Traffic Act, a motor vehicle owned by some other
person, for the purpose of inspecting or detaining such
vehicle or for any other purpose, whether similar to the
foregoing or not, specified in such provision. (4) The provisions of subsection (1) of this section which
relate to a person causing or permitting some other person to
use a motor vehicle on a road shall not apply to the owner of a
motor vehicle by reason only of its use by an authorised person,
where such authorised person has taken charge of such vehicle
under any provision contained in the Road Traffic Act for the
purpose of inspecting, detaining such vehicle or for any other
purpose, whether similar to the foregoing or not, specified in
such provision
Motor vehicles to
be insured against
third party risks
Ord. Nos. 6 of 1948 s. 2
33 of 1954 s. 2
34 of 1957 s. 2
Cap. 168
Cap. 168

ed in
such provision
Motor vehicles to
be insured against
third party risks
Ord. Nos. 6 of 1948 s. 2
33 of 1954 s. 2
34 of 1957 s. 2
Cap. 168
Cap. 168

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440
(5) For the purpose of this section, “authorised person”
means any officer or person authorised under any provision
contained in the Road Traffic Act to use a motor vehicle owned
by some other person. 5.

on”
means any officer or person authorised under any provision
contained in the Road Traffic Act to use a motor vehicle owned
by some other person. 5.

In order to comply with the requirements of section 4, the
policy of insurance shall be a policy which-
(a) is issued by a person who is approved by the President,
by notice in the Gazette, as an insurer for the purposes
of this Act; and
(b) insures such person, persons or classes of persons
as may be specified in the policy in respect of any
liability which may be incurred by him or them in
respect of the death of, or bodily injury to, any person
caused by or arising out of the use of the vehicle on
a road:
Provided that, a policy in terms of this section shall not be
required to cover-
(i) liability in respect of the death arising out of
and in the course of his employment of a person
in the employment of a person insured by the
policy or of bodily injury sustained by such a
person arising out of and in the course of his
employment;
(ii) except in the case of a vehicle in which passengers
are carried for hire or reward or by reason of or in
pursuance of a contract of employment, liability in
respect of the death of or bodily injury to persons
being carried in or upon or entering or getting on
to or alighting from the vehicle at the time of the
occurrence of the event out of which the claims
arise; or
(iii) any contractual liability.

ting on
to or alighting from the vehicle at the time of the
occurrence of the event out of which the claims
arise; or
(iii) any contractual liability.

Cap. 168
Requirements
in respect of
insurance policies

Cap. 168
Requirements
in respect of
insurance policies

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THE MOTOR VEHICLES INSURANCE ACT [CAP. 169 R.E. 2023]
6.–(1) In order to comply with the requirements of this Act, a
security shall-
(a) consist of an undertaking by the giver of the security to
make good, subject to any conditions specified therein,
and up to an amount approved by the President, any
failure by the owner of the vehicle or such other persons
or classes of persons as may be specified in the security
duly to discharge any such liability as is required to be
covered by a policy of insurance under paragraph (b)
of section 5 of this Act which may be incurred by him
or them; and
(b) be approved by the President and deposited with him. (2) Whenever such a security is approved by the President
and deposited with him, the President shall give to the owner
of the vehicle concerned a certificate, hereinafter referred to as
“a certificate of security”, in the prescribed form and containing
such particulars of any conditions subject to which the security
is given as may be prescribed.

te of security”, in the prescribed form and containing
such particulars of any conditions subject to which the security
is given as may be prescribed.

(3) References in sections 8, 9 and 11 of this Act to a policy,
a certificate of insurance, an insurer or an insured shall be
deemed to include references to a security, a certificate of
security, a giver of a security or a person secured, respectively. 7.–(1) A certificate of insurance shall be issued by the insurer
to the person by whom a policy of insurance is effected at the
same time as the cover note is issued. (2) A certificate issued under subsection (1) shall be in
the prescribed form and shall contain such particulars of any
conditions subject to which the policy is issued and of any
matters as may be prescribed and different forms and different
particulars may be prescribed in relation to different cases or
circumstances. 8. A condition in a policy of insurance providing that no
liability shall arise under the policy, or that any liability so
arising shall cease in the event of some specified thing done or
omitted to be done after the happening of the event giving rise
Requirements
in respect of
securities
Certificate of
insurance
Certain
conditions
in policies of
insurance of no
effect

ening of the event giving rise
Requirements
in respect of
securities
Certificate of
insurance
Certain
conditions
in policies of
insurance of no
effect

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442
to a claim under the policy, shall, as respects such liabilities as
are required to be covered by a policy under section 5 of this
Act, be of no effect:
Provided that, nothing in this section shall be taken to
render void any provision in a policy requiring the persons
insured to repay to the insurer any sums which the latter may
have become liable to pay under the policy and which have
been applied to the satisfaction of the claims of third parties.

y sums which the latter may
have become liable to pay under the policy and which have
been applied to the satisfaction of the claims of third parties.

9.–(1) A person driving a motor vehicle on a road shall, on
being required by a police officer, give his name and address
and the name and address of the owner of the vehicle and
produce his certificate of insurance, and if he fails so to do, he
commits an offence:
Provided that, if the driver of a motor vehicle within five
days after the date on which the production of his certificate of
insurance was so required produces the certificate of insurance
or policy of insurance at such police station as may have been
specified by him at the time its production was required, he
shall not be convicted of an offence under this subsection by
reason only of failure to produce his certificate of insurance to
the police officer.

he
shall not be convicted of an offence under this subsection by
reason only of failure to produce his certificate of insurance to
the police officer.

(2) Where, in any case where, owing to the presence of
a motor vehicle on a road, an accident occurs involving
personal injury to another person, the driver of the vehicle
does not at the time produce his certificate of insurance to
a police officer, or to some person who, having reasonable
grounds for so doing, has required its production, the
driver shall, as soon as possible, and in any case within
forty-eight hours of the occurrence of the accident, report
the accident at a police station, to an administrative officer,
or to a police officer, and thereupon produce his certificate
of insurance and, if he fails so to do, he shall commit an
offence:
Provided that, a person shall not be convicted of an offence
under this subsection by reason only of failure to produce his
Production of
certificate of
Insurance
Ord. No. 34 of 1957 s. 3

convicted of an offence
under this subsection by reason only of failure to produce his
Production of
certificate of
Insurance
Ord. No. 34 of 1957 s. 3

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THE MOTOR VEHICLES INSURANCE ACT [CAP. 169 R.E. 2023]
certificate of insurance if, within five days after the occurrence
of the accident, he produces the certificate of insurance or
policy of insurance at such police station as may be specified
by him at the time of accident was reported. (3) It shall be the duty of the owner of a motor vehicle to
give such information as he may be required by or on behalf
of the Commissioner of Police to give for the purpose of
determining whether the vehicle was or was not being driven
in contravention of section 4 of this Act on any occasion
when the driver was required under this section to produce
his certificate of insurance, and if the owner fails to do so he
commits an offence.

casion
when the driver was required under this section to produce
his certificate of insurance, and if the owner fails to do so he
commits an offence.

(4) The provisions of subsections (2) and (3) shall not apply
where a motor vehicle is being driven by a person to whom
the provisions of subsection (1) of section 4 of this Act do not
apply:
Provided that, such person shall give such information
as may be required by a police officer for the purpose of
determining whether such person is a person to whom
subsection (1) of section 4 of this Act does not apply, and if
such person fails to do so, he shall be guilty of an offence.

erson is a person to whom
subsection (1) of section 4 of this Act does not apply, and if
such person fails to do so, he shall be guilty of an offence.

10.–(1) Where, after a policy of insurance has been effected,
judgment in respect of any liability as is required to be
covered by a policy under paragraph (b) of section 5 of this
Act (being a liability covered by the terms of the policy) is
obtained against any person insured by the policy, then,
notwithstanding that the insurer may be entitled to avoid
or cancel, or may have avoided or cancelled, the policy, the
insurer shall, subject to the provisions of this section, pay to
the persons entitled to the benefit of the judgment any sum
payable thereunder in respect of the liability, including any
amount payable in respect of costs and any sum payable in
respect of interest on that sum by virtue of any enactment
relating to interest on judgments. Duty of insurers
to satisfy
judgments
against persons
insured in respect
of third

at sum by virtue of any enactment
relating to interest on judgments. Duty of insurers
to satisfy
judgments
against persons
insured in respect
of third

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. All rights reserved. No part of this book may be reproduced or distributed without permission of OAG.THE MOTOR VEHICLES INSURANCE ACT [CAP. 169 R.E.

2023]
444
(2) A sum shall not be payable by an insurer under
subsection (1)-
(a) in respect of any judgment, unless before or within
fourteen days after the commencement of the
proceedings in which the judgment was given, the
insurer had notice of the bringing of the proceedings;
(b) in respect of any judgment, so long as execution thereon
is stayed pending an appeal; or
(c) in connection with any liability, if before the happening
of the event which was the cause of the death or
bodily injury giving rise to the liability, the policy
was cancelled by mutual consent or by virtue of any
provision contained therein, and either-
(i) before the happening of the said event, the
certificate of insurance was surrendered to the
insurer, or the person to whom the certificate of
insurance was issued, made a statutory declaration
stating that the certificate of insurance had been
lost or destroyed;
(ii) after the happening of the said event, but
before the expiration of a period of fourteen
days from the taking effect of the cancellation
of the policy, the certificate of insurance was
surrendered to the insurer, or the person to whom
the certificate of insurance was issued, made such
a statutory declaration; or
(iii) either before or after the happenings of the said
event, but within the said period of fourteen days,
the insurer has commenced proceedings under
this Act in respect of the failure to surrender the
certificate of insurance.

aid period of fourteen days,
the insurer has commenced proceedings under
this Act in respect of the failure to surrender the
certificate of insurance.

(3) It shall be the duty of a person who makes a statutory
declaration, as provided in subparagraphs (i) and (ii) of
paragraph (c) of subsection (2) of this section, to cause such
statutory declaration to be delivered to the insurer.

in subparagraphs (i) and (ii) of
paragraph (c) of subsection (2) of this section, to cause such
statutory declaration to be delivered to the insurer.

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THE MOTOR VEHICLES INSURANCE ACT [CAP. 169 R.E.

l rights reserved. No part of this book may be reproduced or distributed without permission of OAG.445
THE MOTOR VEHICLES INSURANCE ACT [CAP. 169 R.E.

2023]
(4) A sum shall not be payable by an insurer under the
subsections (1), (2) and (3) if, in an action commenced before,
or within three months after, the commencement of the
proceedings in which the judgment was given, he has obtained
a declaration that, apart from any provision contained in the
policy, he is entitled to avoid it on the ground that it was obtained
by the non-disclosure of a material fact, or by a representation
of fact which was false in some material particular, or, if he has
avoided the policy on that ground, that he was entitled so to do
apart from any provision contained in it:
Provided that, an insurer who has obtained such a
declaration in an action shall not thereby become entitled to
the benefit of this subsection as respects any judgment obtained
in proceedings commenced before the commencement of
that action, unless before or within fourteen days after the
commencement of that action, he has given notice thereof
to the person who is the plaintiff in the said proceedings
specifying the non-disclosure or false representation on which
he proposes to rely, and any person to whom notice of such
action is so given, shall be entitled, if he thinks fit, to be made
a party thereto.

which
he proposes to rely, and any person to whom notice of such
action is so given, shall be entitled, if he thinks fit, to be made
a party thereto.

(5) Where the amount which an insurer becomes liable
under this section to pay in respect of a liability of a person
insured by a policy exceeds the amount for which he would,
apart from the provisions of this section, be liable under the
policy in respect of that liability, he shall be entitled to recover
the excess from that person. (6) In this section, the expression “material” means a fact of
such a nature as to influence the judgment of a prudent insurer
in determining whether he will take the risk, and, if so, at what
premium and on what conditions, and the expression “liability
covered by the terms of the policy”, means a liability which is
covered by the policy or which would be so covered but for
the fact that the insurer is entitled to avoid or cancel, or has
avoided or cancelled, the policy.

by the policy or which would be so covered but for
the fact that the insurer is entitled to avoid or cancel, or has
avoided or cancelled, the policy.

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446
(7) In this Act references to a certificate of insurance in
any provision relating to the surrender, loss or destruction of
a certificate of insurance shall, in relation to policies under
which more than one certificate of insurance is issued, be
construed as references to all the certificates of insurance,
and shall, where any copy has been issued of any certificate of
insurance, be construed as including a reference to that copy. 11. Where a person, for the purpose of obtaining a policy of
insurance as required by section 5 of this Act, makes any false
statement, in consequence whereof the policy is liable to be
avoided, or wilfully does any act which disentitles him to claim
under the policy, he commits an offence.

nsequence whereof the policy is liable to be
avoided, or wilfully does any act which disentitles him to claim
under the policy, he commits an offence.

12.–(1) A person against whom a claim is made in respect
of any such liability as is required to be covered by a policy
under paragraph (b) of section 5 shall, on demand by or
on behalf of the person making the claim, state whether or
not he was insured in respect of that liability by any policy
having effect for the purposes of this Act or would have been
so insured if the insurer had not avoided or cancelled the
policy, and, if he was or would have been so insured, give
such particulars with respect to that policy as were specified
in the certificate of insurance issued in respect thereof under
section 7 of this Act. (2) Where, without reasonable excuse, any person fails to
comply with the provisions of this section, or wilfully makes
any false statement in reply to any such demand as provided in
subsection (1), commits an offence. 13.

e provisions of this section, or wilfully makes
any false statement in reply to any such demand as provided in
subsection (1), commits an offence. 13.

Where a certificate of insurance has been issued under
section 7 of this Act to the person by whom a policy has been
effected and the policy is cancelled by mutual consent or by
virtue of any provision in the policy, the person to whom the
certificate of insurance was issued shall, within seven days from
the taking effect of the cancellation, surrender the certificate
Penalty for false
statement and
willful avoidance
of policy
Duty of persons
against whom
claims are
made to give
information as to
insurance
Duty to surrender
certificate of
insurance on
cancellation of
policy

Duty of persons
against whom
claims are
made to give
information as to
insurance
Duty to surrender
certificate of
insurance on
cancellation of
policy

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THE MOTOR VEHICLES INSURANCE ACT [CAP. 169 R.E. 2023]
of insurance to the insurer or, if it has been lost or destroyed,
make a statutory declaration to that effect, and if he fails so to
do, commits an offence. 14. A person who, applies for a licence or the renewal of a
licence in respect of a motor vehicle under the Road Traffic
Act shall produce evidence as may be prescribed that either-
(a) a certificate of insurance to the effect that as from the
date when the licence comes into operation there will
be in force the necessary policy of insurance or the
necessary security in relation to the user of the vehicle
by the applicant or by other persons on his order or
with his permission; or
(b) the vehicle is owned by the Government or a public
corporation.

hicle
by the applicant or by other persons on his order or
with his permission; or
(b) the vehicle is owned by the Government or a public
corporation.

15.–(1) Where under any contract of insurance a person, in
this section referred to as “the insured”, is insured against
liabilities to third parties which he may incur, then-
(a) in the event of the insured becoming bankrupt or
making a composition or arrangement with his
creditors; or
(b) in the case of the insured being a company, in the event
of a winding-up order being made, or a resolution for a
voluntary winding up being passed, with respect to the
company, or of a receiver or manager of the company’s
business or undertaking being duly appointed, or of
possession being taken, by or on behalf of the holders
of any debentures secured by a floating charge, of any
property comprised in or subject to the charge,
if, either before or after that event, any such liability is
incurred by the insured, his rights against the insurer under
the contract in respect of the liability shall, notwithstanding
anything in any law to the contrary, be transferred to and vest
in the third party to whom the liability was so incurred. Procedure on
application for
motor vehicle
licence
Ord. No. 34 of 1957 s. 4
Cap. 168
Rights of third
parties against
insurers on
bankruptcy of
insured

Procedure on
application for
motor vehicle
licence
Ord. No. 34 of 1957 s. 4
Cap. 168
Rights of third
parties against
insurers on
bankruptcy of
insured

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448
(2) Where an order is made under section 120 of
the Bankruptcy Act for the administration of the estate of a
deceased debtor according to the law of bankruptcy, then,
if any debt provable in bankruptcy is owing by the deceased
in respect of a liability against which he was insured under a
contract of insurance as being a liability to a third party, the
deceased debtor’s rights against the insurer under the contract
in respect of that liability shall, notwithstanding anything in
the Bankruptcy Act, be transferred to and vest in the person to
whom the debt is owing.

n respect of that liability shall, notwithstanding anything in
the Bankruptcy Act, be transferred to and vest in the person to
whom the debt is owing.

(3) In so far as any contract of insurance made after the
commencement of this Act in respect of any liability of
the insured to third parties purports, whether directly or
indirectly, to avoid the contract or to alter the rights of the
parties thereunder upon the happening to the insured of any
of the events specified in paragraph (a) or paragraph (b) of
subsection (1) of this section or upon the making of an order
under section 120 of the Bankruptcy Act in respect of his
estate, the contract shall be of no effect. (4) Upon a transfer under subsection (1) or subsection (2)
of this section, the insurer shall be under the same liability to
the third party as he would have been under to the insured, but-
(a) where the liability of the insurer to the insured exceeds
the liability of the insured to the third party, nothing in
this section shall affect the rights of the insured against
the insurer in respect of the excess; and
(b) where the liability of the insurer to the insured is less
than the liability of the insured to the third party,
nothing in this section shall affect the rights of the third
party against the insured in respect of the balance.

y of the insured to the third party,
nothing in this section shall affect the rights of the third
party against the insured in respect of the balance.

(5) For the purposes of this section, the expression “liabilities
to third parties”, in relation to a person insured under any
contract of insurance, shall not include any liability of that
person in the capacity of insurer under some other contract
of insurance. Cap. 25

r any
contract of insurance, shall not include any liability of that
person in the capacity of insurer under some other contract
of insurance. Cap. 25

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THE MOTOR VEHICLES INSURANCE ACT [CAP. 169 R.E. 2023]
(6) This section shall not apply where a company is wound
up voluntarily merely for the purposes of reconstruction or of
amalgamation with another company. 16.

section shall not apply where a company is wound
up voluntarily merely for the purposes of reconstruction or of
amalgamation with another company. 16.

Where a certificate of insurance has been issued under
section 7 of this Act to the person by whom a policy has been
effected, so much of the policy as purports to restrict the
insurance of the persons insured thereby by reference to any of
the following matters-
(a) the age or physical or mental condition of persons
driving the vehicle;
(b) the condition of the vehicle;
(c) the number of persons that the vehicle carries;
(d) the weight or physical characteristics of the goods that
the vehicle carries;
(e) the times at which or the areas within which the vehicle
is used;
(f) the horse-power or value of the vehicle;
(g) the carrying on the vehicle of any particular apparatus;
or
(h) the carrying on the vehicle of any particular means of
identification other than any means of identification
required to be carried by or under the Road Traffic Act,
shall, as respects such liabilities as are required to be covered
by a policy under paragraph (b) of section 5 of this Act, be of
no effect:
Provided that, nothing in this section shall require an
insurer to pay any sum in respect of the liability of any person
otherwise than in or towards the discharge of that liability, and
any sum paid by an insurer in or towards the discharge of any
liability of any person which is covered by the policy by virtue
only of this section shall be recoverable by the insurer from
that person.

rge of any
liability of any person which is covered by the policy by virtue
only of this section shall be recoverable by the insurer from
that person.

Avoidance of
restrictions on
scope of policies
covering third
party risks
Cap. 168

Avoidance of
restrictions on
scope of policies
covering third
party risks
Cap. 168

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450
17. Where there is in existence in respect of a motor vehicle-
(a) a valid and subsisting international certificate issued in
pursuance of the International Convention relative to
Motor Traffic, 1926; or
(b) a valid and subsisting licence to use such motor vehicle
which has been granted under any law in force in
Malawi, Kenya, Tanzania Zanzibar, Uganda or Zambia,
a person driving such motor vehicle shall not be required to
produce a certificate of insurance, but it shall be the duty of
such person to give such information as he may be required
by or on behalf of the Commissioner of Police to give for the
purpose of determining whether the vehicle was or was not
being driven in contravention of section 4 of this Act. 18. The President may make rules prescribing anything
required by this Act to be prescribed, and generally for the
better carrying out of the provisions of this Act. 19.

ay make rules prescribing anything
required by this Act to be prescribed, and generally for the
better carrying out of the provisions of this Act. 19.

A person who commits an offence against this Act or any
person who contravenes or fails to comply with any of the
provisions of this Act or of any rules made thereunder, for
which no other penalty is specifically provided, shall be liable
on summary conviction before a district court to a fine not
exceeding fifty pounds or its equivalent in Tanzania shillings
or to imprisonment for a term not exceeding three months or
to both. Provision with
regard to visitors
Power to make
rules
Penalty for
offences