102Unauthorized or intoxicated drivers

102 Unauthorized or intoxicated drivers S. 102(1) amended by No. 127/1986 s. 102(Sch. 4 item 29.2). (1) If the death of or injury to any person is caused by or arises out of the use of a motor vehicle, railway train or tram and that motor vehicle, railway train or tram was at the time of the occurrence out of which the death or injury arose driven by a person without the authority of the owner or without reasonable grounds for believing that he or she had the authority of the owner— (a) the driver is not entitled to recover from the Commission any sum on account of any moneys (including costs) paid or payable by the driver in respect of liability in respect of the death or injury; and (b) any sum paid by the Commission in discharge of the liability of the driver is recoverable by the Commission from the driver. S. 102(2) amended by No. 127/1986 s. 102(Sch. 4 item 29.2). (2) If the death of or bodily injury to any person is caused by or arises out of the use of a motor vehicle, railway train or tram in relation to which an indemnity under section 94 applies and the driver of the motor vehicle, railway train or tram at the time of the occurrence out of which the death or injury arose is convicted in relation to the circumstances of the occurrence— S. 102(2)(a) amended by No. 34/1998 s. 14(e). (a) of a serious indictable offence within the meaning of section 325 of the **Crimes Act 1958** with respect to that death or injury; or S. 102(2)(b) amended by Nos 127/1986 s. 102(Sch. 4 item 29.17), 84/1994 s. 29. (b) of an offence under section 49(1)(a) of the **Road Safety Act 1986** or under a law that is, in relation to that Act, a corresponding law— any sum (including costs) paid by the Commission in discharge of the liability of the owner or driver in respect of the death or injury is recoverable by the Commission from the driver. S. 103 amended by No. 32/1988 s. 23.