*Important notice for all vehicle owners and drivers in BFB*
When someone else drives your car in Brunei, it's crucial to understand the legal implications to ensure compliance with the law and avoid penalties. Here's a breakdown of the key aspects:
1. Valid Driving Licence is Mandatory:
- Any person driving a vehicle in Brunei must possess a valid driving licence issued by the Land Transport Department.
- Brunei recognizes valid international driving licences and licences issued in other countries.
- Driving without a valid driving licence is a serious offense, carrying penalties of up to B2,000 fine for a first offense, and up to B4,000 fine and imprisonment for 6 months for subsequent offenses.
- It is illegal to use a motor vehicle on a road, or to permit another person to use it, unless there is a valid third-party motor insurance policy in force for that user.
- Third-party motor insurance covers death or bodily injury to any person arising out of the use of a motor vehicle on a road.
- Driving without mandatory third-party insurance is a serious offense, punishable by a fine of up to B$10,000 and/or imprisonment for up to 12 months, and possible disqualification from holding or obtaining a driving licence.
- The Motor Vehicles Insurance (Third Party Risks) Act (Chapter 90) clearly states that it is unlawful for any person to "cause or permit any other person to use on a road a motor vehicle unless there is in force in relation to the user of the motor vehicle by that person or that other person, as the case may be, such a policy of insurance." This implies that the owner has a responsibility to ensure that anyone driving their vehicle is properly insured.
- While not explicitly detailed as a separate offense for simply "loaning" a car, the act of "driving a vehicle without permission of the vehicle's owner" is an offense under the Road Traffic Act Chapter 68, carrying a penalty of a B$10,000 fine and imprisonment for 3 years. This highlights the importance of express consent.
- Insurance companies in Brunei allow for "Named Drivers" to be specifically listed on a car insurance policy. This is important because, typically, only drivers listed on the policy are covered in the event of an accident.
- It is possible to insure a car you don't own (non-owner car insurance), or be added as a named driver to the owner's policy.
- Regardless of who is driving, all drivers must adhere to Brunei's general driving regulations, including driving on the left side of the road, obeying speed limits, and refraining from reckless or dangerous driving.
- Offenses like "driving without due care and attention" or "without reasonable consideration for other persons using the road" carry penalties of imprisonment for 12 months and a fine of $5,000.
If someone else is driving your vehicle in Brunei:
- They must have a valid driving licence.
- The vehicle must be covered by valid third-party motor insurance, and the person driving should be named on the policy or have their own non-owner policy.
- They must have your express consent to drive the vehicle.
- All applicable traffic laws and regulations must be followed.
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