18Recovery by Board from owner or driver in certain cases

18 Recovery by Board from owner or driver in certain cases

(1)  [Section 18 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] [Section 18 Subsection (1) amended by No. 49 of 1997, s. 11, Applied:01 Dec 1997] *[Section 18 Subsection (1) amended by No. 40 of 1974, s. 11 ]**[Section 18 Subsection (1) amended by No. 95 of 1977, s. 2 ]*Where the Board has made payments in or towards the discharge of its obligations under this Part in respect of a liability incurred by a person as an owner or user of a motor vehicle, not being a trailer of a kind prescribed under section 29 (1AA) , and no premium had been paid for the use of the motor vehicle at the time of the motor accident giving rise to the liability, or a premium had not been paid for its use in the circumstances or under the conditions in which it was being used at that time, the Board may recover the amount of those payments from –

(a) [Section 18 Subsection (1) amended by No. 49 of 1997, s. 11, Applied:01 Dec 1997] the owner if the liability was incurred by the owner; or

(b) [Section 18 Subsection (1) amended by No. 49 of 1997, s. 11, Applied:01 Dec 1997] the person by whom the liability was incurred if that person was not the owner; or

(c) [Section 18 Subsection (1) amended by No. 49 of 1997, s. 11, Applied:01 Dec 1997] the owner of the motor vehicle if the liability was incurred by another person.

(1A)  [Section 18 Subsection (1A) inserted by No. 49 of 1997, s. 11, Applied:01 Dec 1997] Subsection (1)(c) does not apply if the owner of the motor vehicle shows that the other person who was using the motor vehicle at the time of the motor accident did so without the consent or acquiescence of the owner.

(2)  [Section 18 Subsection (2) amended by No. 49 of 1997, s. 11, Applied:01 Dec 1997] Where the Board has made payments in or towards the discharge of its obligations under this Part in respect of a liability incurred by a person as a person using a motor vehicle and at the time of the motor accident giving rise to the liability that person was using that motor vehicle without the authority or acquiescence of the owner thereof or without reasonable grounds for believing he had that authority or acquiescence the Board may recover the amount of those payments from that person.