35Claim against Nominal Defendant where a NSW registered trailer is attached to a motor vehicle not registered in NSW

#### 35 Claim against Nominal Defendant where a NSW registered trailer is attached to a motor vehicle not registered in NSW 35 Claim against Nominal Defendant where a NSW registered trailer is attached to a motor vehicle not registered in NSW (cf s 28A MAA) > > (1) The Nominal Defendant is taken to have issued a policy of insurance under this Act which insures— > > > > > (a) the owner of a registered trailer— > > > > > > > (i) which is attached to a motor vehicle which is not registered, or > > > > > > > (ii) which runs out of control having become detached from the towing motor vehicle which is not registered, and > > > > > (b) the owner of a motor vehicle which is not registered— > > > > > > > (i) to which a registered trailer is attached, or > > > > > > > (ii) from which a registered trailer becomes detached and runs out of control, and > > > > > (c) any other person who at any time drives such a vehicle (whether or not with the consent of the owner), > > > > against liability in respect of the death of or injury to a person caused by the fault of the owner of the trailer or the owner or driver of the vehicle in the use or operation of the vehicle in any part of the Commonwealth (whether or not on a road). > > > (2) An action for the recovery of damages in respect of the death of or injury to a person as referred to in subsection (1) may be brought against the Nominal Defendant. > > > (3) Any such action may be brought despite the fact that the owner of the trailer or the owner or driver of the towing vehicle is dead or cannot be found or is the spouse of the person whose death or to whom injury has been caused. > > > (4) In respect of any such action, the Nominal Defendant is liable as if it were the owner of the trailer or the owner or driver of the towing vehicle. > > > (5) There is no right of action against the Nominal Defendant under this section— > > > > > (a) if the trailer or the towing vehicle is owned by the Commonwealth or by any person or body of persons representing the Commonwealth, or > > > > > (b) 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 > > > > > (c) if the regulations provide that in the circumstances specified in the regulations there is no right of action against the Nominal Defendant.