33Claim against Nominal Defendant where vehicle not insured

#### 33 Claim against Nominal Defendant where vehicle not insured 33 Claim against Nominal Defendant where vehicle not insured (cf s 27 MAA) > > (1) An action for the recovery of damages in respect of the death of or injury to a person caused by the fault of the owner or driver of a motor vehicle that is not an insured motor vehicle in the use or operation of the vehicle on a road in New South Wales may be brought against the Nominal Defendant. > > > (2) Any such action may be brought despite the fact that the owner or driver of the motor vehicle is dead or cannot be found or is the spouse of the person whose death or to whom injury has been caused. > > > (3) In respect of any such action, the Nominal Defendant is liable as if it were the owner or driver of the motor vehicle. > > > (3A) If the motor accident resulting in the death of or injury to a person occurred on land that is a road related area within the meaning of section 4 (1) of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018) because it is an area that is open to or used by the public for driving, riding or parking vehicles, there is no right of action against the Nominal Defendant under this section if at the time of the motor accident the person was a trespasser on the land. > > > (4) There is no right of action against the Nominal Defendant under this section— > > > > > (a) if the motor vehicle is owned by the Commonwealth or by any person or body of persons representing the Commonwealth, or > > > > > (b) if there is a right of action under section 35 in respect of the death or injury, or > > > > > (c) if, at the time the motor accident resulting in the death or injury occurred, the motor vehicle was registered under the law of a place other than New South Wales or under a law of the Commonwealth and the motor vehicle was covered under a policy of compulsory third-party personal injury insurance or was subject to coverage under a compulsory motor vehicle accident compensation scheme of that place or of the Commonwealth, or > > > > > (d) if the regulations provide that in the circumstances specified in the regulations there is no right of action against the Nominal Defendant. > > > (5) For the purposes of this section, and any regulations made for the purposes of this section— > > > > motor vehicle means a motor vehicle— > > > > > (a) that is exempt from registration, or > > > > > (b) that is not exempt from registration, is required to be registered to enable its lawful use or operation on a road in New South Wales and— > > > > > > > (i) was at the time of manufacture capable of registration, or > > > > > > > (ii) was at the time of manufacture, with minor adjustments, capable of registration, or > > > > > > > (iii) was previously capable of registration but is no longer capable of registration because it has fallen into disrepair. > > **s 33:** Am 2006 No 17, Sch 1 \[14\] \[15\]; 2013 No 19, Sch 4.45 \[6\].