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This is a Bill, not an Act. For current law, see the Acts databases.
South Australia
Motor Vehicles (Nominal Defendant) Amendment
Bill 2016
A BILL FOR
An Act to amend the
Motor
Vehicles Act 1959
.
Contents
Part 2—Amendment of Motor Vehicles
Act 1959
115AClaim against
nominal defendant where vehicle involved is a bicycle and rider is not
insured
The Parliament of South Australia enacts as
follows:
This Act may be cited as the Motor Vehicles (Nominal Defendant)
Amendment Act 2016.
This Act will come into operation 6 months after the day on which it is
assented to by the Governor.
In this Act, a provision under a heading referring to the amendment of a
specified Act amends the Act so specified.
Part 2—Amendment
of Motor Vehicles
Act 1959
After section 115 insert:
115A—Claim against nominal defendant where vehicle
involved is a bicycle and rider is not insured
(1) In this section—
bicycle has the same meaning as in the Australian Road
Rules.
(a) death, or bodily injury, has been caused by, or has arisen out of the
use of, a vehicle that is a bicycle; and
(b) the identity of the rider of the bicycle has not after due inquiry and
search been ascertained,
a person who could have obtained a judgment in respect of that death or
bodily injury against a person (had the person been insured under a policy of
insurance and the vehicle been an insured motor vehicle instead of a bicycle, at
the relevant time) may recover by action against the nominal defendant the
amount of the judgment that could have been so recovered.
(3) The nominal defendant is not liable to satisfy a judgment obtained
against the nominal defendant, but the judgment and the nominal defendant's
costs must be paid—
(a) out of money contributed by approved insurers pursuant to a scheme
under section 119; or
(b) if no such scheme is in operation, by the Minister and approved
insurers in accordance with section 120.
(4) A person who
proposes to proceed against the nominal defendant under this section must, as
soon as reasonably practicable after it becomes apparent that the identity of
the rider of the bicycle is not readily ascertainable, give to the nominal
defendant notice in writing of the claim and a short statement of the grounds on
which it is made.
(5) If a claimant fails to give notice of a claim in accordance with the
requirements of
subsection (4)
and the court before which the action is brought is satisfied on the
balance of probabilities that the defendant has been prejudiced in the conduct
of his or her defence by that failure, it may, if the justice of the case so
requires, dismiss the action.