Australian Capital Territory Repealed Acts

This legislation has been repealed.

MOTOR TRAFFIC ACT 1936 (REPEALED) - SECT 66

(1)     For the purposes of any proceedings against the owner of a motor vehicle, whether severally or jointly with the driver of the motor vehicle, for the recovery of damages in respect of the death of, or bodily injury to, any person caused by or arising out of the use of the motor vehicle, and, where the motor vehicle is an insured motor vehicle, for the purposes of the third-party policy, any person (other than the owner) who was, at the time of the occurrence out of which the proceedings arose, the driver of the motor vehicle (whether with or without the authority of the owner) shall be deemed to be the agent of the owner acting within the scope of his or her authority in relation to the motor vehicle.

(1A)     Nothing in this section shall be construed as implying any ratification by the owner of the motor vehicle of the acts of the person driving the motor vehicle.

(1B)     In the case of a motor vehicle which is registered at the date of commencement of this section, the provisions of this section shall not apply to and in respect of that motor vehicle until the expiration of that registration or until the expiration of a period of thirty days after that date, whichever first happens.

(2)     In addition to its application to proceedings of the kind referred to in subsection (1), the presumption of agency under that subsection applies to—

        (a)     proceedings against the estate of the deceased owner or driver of the motor vehicle under or by virtue of Part 2 of the Law Reform (Miscellaneous Provisions) Act 1955 ;

        (b)     proceedings against the authorised insurer or the nominal defendant, as the case may be, under or by virtue of subsection 61 (3) in a case where the owner or driver of a motor vehicle is dead or cannot be served with process; and

        (c)     proceedings in a case where the owner or driver of the motor vehicle, the estate of the deceased owner or driver of the motor vehicle, or the authorised insurer or the nominal defendant, as the case may be, is—

              (i)     joined as an alternative defendant;

              (ii)     served with a third-party notice; or

              (iii)     made a party to proceedings for the recovery of contribution by or against a joint tort-feasor under or by virtue of Part 4 of the Law Reform (Miscellaneous Provisions) Act 1955 .

(3)     Subsection (2) applies to proceedings referred to in that subsection, and shall be deemed at all times to have applied to those proceedings, from the date of commencement of the Law Reform (Miscellaneous Provisions) Act 1955 .