Page 176 - Hollard Business Branch Policy Wording

Motor Fleet
1.2.2 but the Company will indemnify the Insured against loss of or damage to any vehicle while in transit by sea or air between ports or places in these territories including loading and unloading incidental to such transit;
1.3 arising from the ownership, possession or use of vehicles:
1.3.1 used principally for the transporta on of explosives such as nitroglycerine, dynamite or any other substance generally classi ed as a highly explosive substance or for the transport of hazardous chemicals;
1.3.2 in the underground workings of any mine or on the apron or runway at any airport;
1.4 incurred while any vehicle is being driven by:
1.4.1 the Insured while under the in uence of intoxica ng liquor or drugs (unless administered by or prescribed by and taken in accordance with the instruc ons of a member of the medical profession other than himself/herself) or while the blood alcohol percentage of the Insured exceeds the statutory limit at the me of the occurrence or while not licensed to drive such vehicle;
1.4.2 any other person with the general consent of the Insured who, to the Insured's knowledge, is under the in uence of intoxica ng liquor or drugs (unless administered by or prescribed by and taken in accordance with the instruc ons of a member of the medical profession other than himself/herself) or while the blood alcohol percentage of such person exceeds the statutory limit at the me of the occurrence or who is not licenced to drive such vehicle, but this shall not apply if the Insured was unaware that the driver was unlicenced and the Insured can prove to the sa sfac on of the Company that, in the normal course of his business, procedures are in opera on to ensure that only licenced drivers are permi ed to drive insured vehicles;
1.4.3 or is under control for the purpose of being driven by a person who does not hold a current valid Professional Driving Permit (PDP) to drive such a vehicle as required in terms of the Na onal Road Tra c Amendment Act of 1998 as amended. This Excep on applies if the said person has held a PDP but has not renewed it and is applicable to all drivers of:
1.4.3.1 goods vehicles with a gross vehicle mass (GVM) exceeding 3 500kg (three thousand ve hundred kilograms);
1.4.3.2 breakdown vehicles;
1.4.3.3 buses;
1.4.3.4 mini-buses with a GMV exceeding 3 500kg (three thousand ve hundred kilograms) or with 12 (twelve) or more seats (including the driver);
1.4.3.5 motor vehicles conveying persons for reward;
1.4.3.6 motor vehicles conveying more than 12 (twelve) persons;
but this shall not apply if the Insured was unaware that the driver was unlicensed and the Insured can prove to the sa sfac on of the Company that, in the normal course of business, procedures are in opera on to ensure that only licensed drivers are permi ed to drive insured vehicles;
PROVIDED THAT:
any driver shall be deemed to be licensed to drive the vehicle if he is complying with the licensing laws rela ng to any of the territories referred to under Speci c Excep on 1.2.1 or if a licence is not required by law, or while such driver is learning to drive and is complying with the laws rela ng to learner drivers.
It is understood that for the purpose of Speci c Excep on 1, if the Insured is a company or close corpora on, the term Insured shall include any director or senior manager of such company or close corpora on.
2. The Company shall not be liable for any claim arising from contractual liability, unless such liability would have a ached to the Insured notwithstanding such contractual agreement.
Hollard Business Policy – Branch – Version 1 2018 Page | 175