328Nominal defendant liable—unidentified motor vehicle

328 Nominal defendant liable—unidentified motor vehicle (b) the motor vehicle involved in the motor accident is an unidentified motor vehicle; and (c) the motor accident happened in the ACT. if—

personal injury if, at the time the motor accident happened— (a) the land on which the motor accident happened was an area that was not a road but was open to or used by the public for driving, riding or parking vehicles; and (b) the person injured was a trespasser on the land. Note 1 The area described in par (a) is a road related area (see dict, def road related area, par (a) (iv)). Note 2 The nominal defendant is also not liable for the risks mentioned in s 293.