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MOTOR ACCIDENT INSURANCE ACT 1994 - SECT 5
Application of this Act
5 Application of this Act
(1) This Act applies to personal injury caused by, through or in connection
with a motor vehicle if, and only if, the injury— (a) is a result of— (i)
the driving of the motor vehicle; or
(ii) a collision, or action taken to
avoid a collision, with the motor vehicle; or
(iii) the motor vehicle running
out of control; or
(iv) a defect in the motor vehicle causing loss of control
of the vehicle while it is being driven; and
(b) is caused, wholly or partly,
by a wrongful act or omission in respect of the motor vehicle by a person
other than the injured person.
(2) For an uninsured motor vehicle, subsection
(1) applies only if the motor vehicle accident out of which the personal
injury arises happens on a road or in a public place.
(3) However, this Act
does not apply to personal injury caused by, through or in connection with—
(a) a tractor, backhoe, bulldozer, end-loader, forklift, industrial crane or
hoist, or other mobile machinery, other than an agricultural machine; or
(b)
an agricultural machine; or
(c) a motor vehicle adapted to run on rail or
tram tracks; or
(d) an amphibious vehicle; or
(e) a motor vehicle of a class
prescribed by regulation;
unless the motor vehicle accident out of which the
injury arises happens on a road.
(4) For subsection (1) (b) , the reference
to a wrongful act or omission in respect of the motor vehicle does not include
the use of the motor vehicle at the particular time it is being used for the
actual doing of an act or making of a threat that is an act of terrorism.
(5)
The following is an example of a particular time when a motor vehicle is not
being used for the actual doing of an act that is an act of terrorism—
Editorial— A is the driver of a motor vehicle from which a bomb is
thrown at a government building. It is established that at the time the bomb
is thrown the motor vehicle is being used for an act of terrorism. In driving
away from the building after the bomb is thrown, A runs into a motor vehicle
being driven by B. At the time A’s motor vehicle runs into B’s motor
vehicle A’s motor vehicle is not being used for the actual doing of an
act of terrorism.
(6) Subsection (4) only applies to an act of terrorism
happening on or after 1 January 2002.
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