"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:
(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) 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:
"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.
"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.
(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.
(6A) A reference in this Act to an Act that formed
part of the road transport legislation (within the meaning of the Road
Transport (General) Act 2005 ) immediately before the repeal or renaming of
that Act by the Road Transport Legislation (Repeal and Amendment) Act 2013 is
to be read as a reference to that Act as in force immediately before its
repeal or renaming.
(7) Notes in the text of this Act do not form part of
this Act.