sec.5Application of this Act

### sec.5 Application of this Act This Act applies to personal injury caused by, through or in connection with a motor vehicle if, and only if, the injury— is a result of— the driving of the motor vehicle; or a collision, or action taken to avoid a collision, with the motor vehicle; or the motor vehicle running out of control; or a defect in the motor vehicle causing loss of control of the vehicle while it is being driven; and is caused, wholly or partly, by a wrongful act or omission in respect of the motor vehicle by a person other than the injured person. For an uninsured motor vehicle, subsection (1) applies only if the motor vehicle accident out of which the personal injury arises happens on a road or in a public place. However, this Act does not apply to personal injury caused by, through or in connection with— a tractor, backhoe, bulldozer, end-loader, forklift, industrial crane or hoist, or other mobile machinery, other than an agricultural machine; or an agricultural machine; or a motor vehicle adapted to run on rail or tram tracks; or an amphibious vehicle; or a motor vehicle of a class prescribed by regulation; unless the motor vehicle accident out of which the injury arises happens on a road. For subsection (1) (b) , the reference to a wrongful act or omission in respect of the motor vehicle does not include the use of the motor vehicle at the particular time it is being used for the actual doing of an act or making of a threat that is an act of terrorism. The following is an example of a particular time when a motor vehicle is not being used for the actual doing of an act that is an act of terrorism— A is the driver of a motor vehicle from which a bomb is thrown at a government building. It is established that at the time the bomb is thrown the motor vehicle is being used for an act of terrorism. In driving away from the building after the bomb is thrown, A runs into a motor vehicle being driven by B. At the time A’s motor vehicle runs into B’s motor vehicle A’s motor vehicle is not being used for the actual doing of an act of terrorism. Subsection (4) only applies to an act of terrorism happening on or after 1 January 2002. s 5 amd 1996 No. 53 s 5 ; 2000 No. 17 s 7 ; 2001 No. 85 s 2C ; 2003 No. 19 s 3 sch ; 2013 No. 39 s 8 (sec.5-ssec.1) This Act applies to personal injury caused by, through or in connection with a motor vehicle if, and only if, the injury— is a result of— the driving of the motor vehicle; or a collision, or action taken to avoid a collision, with the motor vehicle; or the motor vehicle running out of control; or a defect in the motor vehicle causing loss of control of the vehicle while it is being driven; and is caused, wholly or partly, by a wrongful act or omission in respect of the motor vehicle by a person other than the injured person. (sec.5-ssec.2) For an uninsured motor vehicle, subsection (1) applies only if the motor vehicle accident out of which the personal injury arises happens on a road or in a public place. (sec.5-ssec.3) However, this Act does not apply to personal injury caused by, through or in connection with— a tractor, backhoe, bulldozer, end-loader, forklift, industrial crane or hoist, or other mobile machinery, other than an agricultural machine; or an agricultural machine; or a motor vehicle adapted to run on rail or tram tracks; or an amphibious vehicle; or a motor vehicle of a class prescribed by regulation; unless the motor vehicle accident out of which the injury arises happens on a road. (sec.5-ssec.4) For subsection (1) (b) , the reference to a wrongful act or omission in respect of the motor vehicle does not include the use of the motor vehicle at the particular time it is being used for the actual doing of an act or making of a threat that is an act of terrorism. (sec.5-ssec.5) The following is an example of a particular time when a motor vehicle is not being used for the actual doing of an act that is an act of terrorism— A is the driver of a motor vehicle from which a bomb is thrown at a government building. It is established that at the time the bomb is thrown the motor vehicle is being used for an act of terrorism. In driving away from the building after the bomb is thrown, A runs into a motor vehicle being driven by B. At the time A’s motor vehicle runs into B’s motor vehicle A’s motor vehicle is not being used for the actual doing of an act of terrorism. (sec.5-ssec.6) Subsection (4) only applies to an act of terrorism happening on or after 1 January 2002. - (a) is a result of— (i) the driving of the motor vehicle; or (ii) a collision, or action taken to avoid a collision, with the motor vehicle; or (iii) the motor vehicle running out of control; or (iv) a defect in the motor vehicle causing loss of control of the vehicle while it is being driven; and - (i) the driving of the motor vehicle; or - (ii) a collision, or action taken to avoid a collision, with the motor vehicle; or - (iii) the motor vehicle running out of control; or - (iv) a defect in the motor vehicle causing loss of control of the vehicle while it is being driven; and - (b) is caused, wholly or partly, by a wrongful act or omission in respect of the motor vehicle by a person other than the injured person. - (i) the driving of the motor vehicle; or - (ii) a collision, or action taken to avoid a collision, with the motor vehicle; or - (iii) the motor vehicle running out of control; or - (iv) a defect in the motor vehicle causing loss of control of the vehicle while it is being driven; and - (a) a tractor, backhoe, bulldozer, end-loader, forklift, industrial crane or hoist, or other mobile machinery, other than an agricultural machine; or - (b) an agricultural machine; or - (c) a motor vehicle adapted to run on rail or tram tracks; or - (d) an amphibious vehicle; or - (e) a motor vehicle of a class prescribed by regulation;