By Cedric E. Stephens, Contributor 
QUESTION: MY son goes to school in the US. Last April he obtained his driver's licence in Arizona. When he came home this summer I allowed him to drive my car. He was involved in an accident. My car was extensively damaged. The third party's vehicle was written off. My insurers told me that they do not plan to settle my claim. They say my son was not licensed to drive in Jamaica. I have driven in the USA with my local licence many times. No one there has ever questioned my right to drive. Aren't holders of foreign drivers' licences who come here allowed to drive? I have spent thousands of dollars buying comprehensive insurance over the years and this is my first claim.
C.B-B.,
Kingston 10
Answer: Many persons refer to this period as the 'silly season'. Politicians are traipsing around the country talking up a storm. Elections are in the air. Your insurance company claims official seems to be afflicted with the seasonal malady. What she told you is not based on a careful analysis of the facts. It is founded upon her own beliefs. There is a chasm between what foreign driver's regulations and your policy allow and the opinions that she stated.
Visitors' Driving Permits: Holders of foreign drivers' permits are allowed to operate motor vehicles on Jamaican roads. The regulations that deal with this were enacted nearly 50 years ago. They are called The Road Traffic (International Circulation of Motor Vehicles) Order, 1958. Section 4 says: "- it shall be lawful for a person making only a temporary stay in Jamaica who holds - (b) a domestic driving permit issued in a country outside Jamaica - during a period of 12 months from the date of his last entry - to drive a motor vehicle of any class or description which he is authorised by that permit to drive, notwithstanding that he is not a holder of a driver's licence under Part II of the Act: provided that person is at least 18 years of age -"
EXCEPTIONS
There are only two exceptions to these provisions. Holders of foreign drivers' permits that have been disqualified by orders of overseas courts will be considered to be similarly disqualified if they drive locally. The regulations apply only in cases where the foreign licences are in force. In other words, if a permit were invalid because the holder had omitted to renew it, he would not be authorised to drive under our regulations.
Motor policies in Jamaica make no distinction between local and foreign driver's licences. All motor insurance contracts define the classes of persons who are permitted to drive. Permission to drive is granted subject to the following conditions:
The person driving is allowed to drive "in accordance with the licensing or other laws or regulations to drive." The person driving "has been so permitted and is not disqualified by order of a court of law or by reason
of any enactment - from
driving -"
There are no policy conditions or exclusions that I know about that make any reference to the "nationality" of the driver's licence. The fact that your son is the holder of a US driver's licence is totally irrelevant to your claim since he is allowed by our laws to operate a vehicle. Furthermore, there is nothing in your policy that indicates he is not an
authorised driver.
Call the GM of your insurance company. Ask him to review your file on the basis of what I have written. Silly season or not, I am quite sure that he will give instructions to settle your claim since there is no sound reason for withholding payment. Please let me know what happens.
Cedric E. Stephens provides advice on risks and insurance. If you need free information or advice, write to the Financial Editor or contact Mr. Stephens directly at aegis@cwjamaica
.com
