139Commission not liable for payments in certain circumstances

139 Commission not liable for payments in certain circumstances (1) The Commission is not liable to make any payment of compensation under section 141 to a person who is injured as the result of an accident that occurred— (a) while that person was driving a motor car at a time when— (i) the person was under the influence of intoxicating liquor or of any drug to such an extent as to be incapable of having proper control of the motor car; or (ii) the percentage of alcohol in the blood expressed in grams per 100 millilitres of blood was more than ⋅05 per centum— if the person is convicted of so driving; or (b) while that person was driving a motor car if the person has never held a licence to drive a motor car of that class under the **Motor Car Act 1958** or a corresponding previous enactment or under a law that is in relation to the **Motor Car Act 1958** a corresponding law or under a law of another country; or (c) while that person was driving a motor car if the person's licence under the **Motor Car Act 1958** to drive the motor car or, where the person does not hold such a licence but holds a licence under a law that is in relation to that Act, a corresponding law or under a law of another country, that licence, is suspended or cancelled; or (d) while that person was in an uninsured motor car owned by the person; or (e) while that person was using a motor car for or in connexion with or in the commission of an indictable offence, stealing or attempting to steal a motor car, resisting or preventing the lawful apprehension or detention of himself or herself or any other person or intentionally inflicting or attempting to inflict injury to himself or herself or another person; or (f) while that person was in a motor car in a place other than a highway and taking part in a race or other competition or trial or testing the motor car in preparation for a race competition or trial. (2) For the purposes of subsection (1)— (a) a person who drives a motor car other than a motor cycle at a particular time shall not be deemed never to have held a licence to drive a motor car of that class if at that time the person was the holder of a learner driver's permit in respect of a motor car of that class under the **Motor Car Act 1958** or under a law that is, in relation to that Act, a corresponding law and, in the case of a motor car other than a motor cycle, had a licensed driver (not being the holder of a licence issued on probation) sitting beside him or her; and (b) a person who drives a motor cycle at a particular time shall not be deemed never to have held a licence to drive a motor cycle if at that time he or she was the holder of a motor cycle learner's permit under the **Motor Car Act 1958** or under a law that is in relation to that Act a corresponding law. (3) If, by reason only of the operation of subsection (1)(a)(ii), the Commission is not liable to make a payment to a person the Commission is liable to make the payment if that person is able to satisfy the Commission that the percentage of alcohol in the blood did not contribute in any way to the accident. S. 139(4)(a) amended by No. 68/2009 s. 97(Sch. item 123.6). (a) a person who is injured as a result of an accident applies for compensation under section 141 and a charge-sheet charging an offence has been filed or it appears to the Commission that a charge-sheet charging an offence may be filed against the person; and S. 139(4)(b) amended by No. 68/2009 s. 97(Sch. item 123.7). (b) under subsection (1)(a) the Commission is not liable to make a payment to that person if convicted of that offence— the Commission may hold that payment— S. 139(4)(c) amended by No. 68/2009 s. 97(Sch. item 123.8). (c) where the charge-sheet is filed within twelve months of the date of the accident—until the charge is heard or withdrawn; or S. 139(4)(d) amended by No. 68/2009 s. 97(Sch. item 123.8). (d) where no such charge-sheet is filed within twelve months of the date of the accident—until the expiration of those twelve months.