New South Wales Consolidated Acts

MOTOR ACCIDENTS ACT 1988 - SECT 3

3 Definitions

(1) In this Act:
"Authority" means the Motor Accidents Authority of New South Wales constituted under Part 8.1 of the Motor Accidents Compensation Act 1999 .
"death" means death caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle if, and only if, the death is a result of and is caused during:

(a) the driving of the vehicle, or

(b) a collision, or action taken to avoid a collision, with the vehicle, or

(c) the vehicle’s running out of control, or

(d) such use or operation by a defect in the vehicle.

"deceased person" means a person whose death is caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle if, and only if, the death is a result of and is caused during:

(a) the driving of the vehicle, or

(b) a collision, or action taken to avoid a collision, with the vehicle, or

(c) the vehicle’s running out of control, or

(d) such use or operation by a defect in the vehicle.

"driver" means a person driving a motor vehicle, and includes:

(a) a person riding and operating a motor cycle, and

(b) a person for the time being in charge of a motor vehicle.

"excluded area" means a road or road related area within the meaning of the Road Transport (Vehicle Registration) Act 1997 that is the subject of a declaration made under section 15 (1) (b) of the Road Transport (General) Act 2005 relating to all of the provisions of the Road Transport (Vehicle Registration) Act 1997 .
"fault" means negligence or any other tort.
"GIO" means the Government Insurance Office of New South Wales constituted under the Government Insurance Act 1927 .
"Industry Deed" means the agreement, as in force for the time being, executed under section 3A.
"injured person" means a person who suffers injury which is caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle.
"injury":

(a) means personal or bodily injury caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle if, and only if, the injury is a result of and is caused during:

(i) the driving of the vehicle, or

(ii) a collision, or action taken to avoid a collision, with the vehicle, or

(iii) the vehicle’s running out of control, or

(iv) such use or operation by a defect in the vehicle, and

(b) includes:

(i) pre-natal injury, and

(ii) psychological or psychiatric injury, and

(iii) damage to artificial members, eyes or teeth, crutches or other aids or spectacle glasses.

"insured motor vehicle" means a motor vehicle in relation to which a third-party policy is in force.
"insured person" means a person insured under a third-party policy.
"licensed insurer" means an insurer who is the holder of a licence granted under Part 7.1 of the Motor Accidents Compensation Act 1999 and in force.
"motor accident" means an accident caused by the fault of the owner or driver of a motor vehicle in the use or operation of the vehicle which causes the death of or injury to a person.
"motor vehicle" means a motor vehicle or trailer within the meaning of the Road Transport (General) Act 2005 .

Note: The Road Transport (General) Act 2005 defines "motor vehicle" to mean a vehicle that is built to be propelled by a motor that forms part of the vehicle.

"Nominal Defendant" means the Nominal Defendant within the meaning of the Motor Accidents Compensation Act 1999 .
"owner", in relation to a motor vehicle, means a person who is the owner of the vehicle by virtue of subsections (3)-(5).
"registration" means:

(a) registration of a motor vehicle under the Road Transport (Vehicle Registration) Act 1997 , the Transport Act 1930 or the Recreation Vehicles Act 1983 , or

(b) the issue of an unregistered vehicle permit under the Road Transport (Vehicle Registration) Act 1997 for an unregistered motor vehicle, or

(c) registration in New South Wales of a motor vehicle under the Interstate Road Transport Act 1985 of the Commonwealth.

"road" means a road within the meaning of the Road Transport (Vehicle Registration) Act 1997 (other than an excluded area).
"road related area" means an area (other than an excluded area):

(a) referred to in paragraph (a), (b), (c), (d) or (e) of the definition of "road related area" in section 4 of the Road Transport (Vehicle Registration) Act 1997 , or

(b) referred to in paragraph (f) of that definition that has been declared under section 15 (1) (a) of the Road Transport (General) Act 2005 to be an area to which the Road Transport (Vehicle Registration) Act 1997 applies.

"Self Insurance Corporation" means the NSW Self Insurance Corporation constituted by the NSW Self Insurance Corporation Act 2004 .
"spouse" means:

(a) a husband or wife, or

(b) the other party to a de facto relationship within the meaning of the Property (Relationships) Act 1984 ,

but where more than one person would so qualify as a spouse, means only the last person so to qualify.
"third-party policy" means a policy of insurance under this Act.
"trader’s plate" means a trader’s plate within the meaning of the Road Transport (Vehicle Registration) Act 1997 .
"trailer" means a trailer within the meaning of the Road Transport (General) Act 2005 .

Note: The Road Transport (General) Act 2005 defines "trailer" to mean a vehicle that is built to be towed, or is towed, by a motor vehicle, but does not include a motor vehicle that is being towed.

"vehicle" means a vehicle within the meaning of the Road Transport (General) Act 2005 .

Note: The Road Transport (General) Act 2005 defines "vehicle" to mean any description of vehicle on wheels (including a light rail vehicle) but not including other vehicles used on railways or tramways.

"Workers Compensation Acts" means the Workers Compensation Act 1987 and the Workplace Injury Management and Workers Compensation Act 1998 .

(2) In this Act:

(a) a reference to a function includes a reference to a power, authority and duty, and

(b) a reference to the exercise of a function includes, where the function is a duty, a reference to the performance of the duty.

(3) For the purposes of this Act:

(a) in the case of a motor vehicle that is registered, the owner is:

(i) each registered operator of the vehicle within the meaning of the Road Transport (Vehicle Registration) Act 1997 , unless the operator has sold or ceased to have possession of the vehicle, and

(ii) each person who, although not a registered operator of the vehicle, is a sole or joint owner of the vehicle, unless that person has sold or ceased to have possession of the vehicle, and

(iii) if any such registered operator or owner has sold or ceased to have possession of the vehicle-any person who solely or jointly or in common with any other person is entitled to the immediate possession of the vehicle, or

(b) in the case of a motor vehicle which is unregistered, the owner is any person who solely or jointly or in common with any other person is entitled to the immediate possession of the vehicle, or

(c) in the case of a motor vehicle to which a trader’s plate is fixed, the owner is the trader to whom the trader’s plate is issued.

(4) For the purposes of subsection (3), a person shall be taken not to have ceased to have possession or, as the case may be, not to have acquired possession of a motor vehicle where a change of possession occurs by way of:

(a) any hiring (not being a hiring under a hire-purchase agreement) or lending of the vehicle for a period not exceeding 3 months, or

(b) the passing of the possession of the vehicle to a bailee for the purpose of sale or disposal or for the purpose of alteration, repair, renovation, garaging, storing or other like purpose not involving the use of the motor vehicle for the benefit of the bailee.

(5) In the application of any provision of this Act to and in respect of a motor vehicle to which a trader’s plate is fixed (whether or not with the authority of the trader), a reference in any such provision to the owner shall be read as a reference to the trader, and a reference to the third-party policy in relation to that motor vehicle shall be read as a reference to the third-party policy in relation to motor vehicles to which the trader’s plate is fixed (whether or not with the authority of the trader).

(6) In this Act, a reference to the use or operation of a motor vehicle includes a reference to the maintenance or parking of the vehicle.

(7) Notes in the text of this Act do not form part of this Act.