TRANSPORT ACCIDENT ACT 1986 - SECT 91 Persons in charge of trailers

TRANSPORT ACCIDENT ACT 1986 - SECT 91

    (1)     If the death of or bodily injury to any person is caused by or arises out of the use of an insured trailer that was at the time of the accident out of which such death or injury arose under the charge of a person without the authority of the owner or without reasonable grounds for believing that he or she had the authority of the owner then—

        (a)     the person who was in charge of the trailer is not entitled to recover from the Commission any sum on account of any moneys (including costs) paid or payable by that person in respect of liability in respect of the death or bodily injury; and

        (b)     any sum paid by the Commission in discharge of the liability of that person is recoverable by the Commission from that person.

    (2)     If the death of or bodily injury to any person is caused by or arises out of the use of an insured trailer and the person in charge of the trailer at the time of the accident out of which the death or bodily injury arose is convicted in relation to the circumstances of the accident—

        (a)     of a serious indictable offence within the meaning of section 325 of the Crimes Act 1958 with respect to that death or bodily injury; or

S. 91(2)(b) amended by Nos 127/1986 s. 102(Sch. 4 item 29.13), 84/1994 s. 29.

        (b)     of an offence under section 49(1)(a) of the Road Safety Act 1986 or under a law that is, in relation to that Act, a corresponding law—

any sum (including costs) paid by the Commission in discharge of the liability of the owner or person in respect of the death or bodily injury is recoverable by the Commission from that person.