121Application of common law damages for motor accidents to railway and other public transport accidents

#### 121 Application of common law damages for motor accidents to railway and other public transport accidents 121 Application of common law damages for motor accidents to railway and other public transport accidents (cf ss 68, 69(2) MAA) > > (1) Chapter 5 (Award of damages) of the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041) applies to and in respect of an award of damages which relates to the death of or bodily injury to a person caused by or arising out of a public transport accident, not being an award of damages to which that Chapter applies. That Chapter so applies even though the public transport accident occurred after the commencement of the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010). > > > (2) Accordingly, in that Chapter— > > > > > (a) a reference to a motor accident includes a reference to a public transport accident, and > > > > > (b) a reference to a motor vehicle includes a reference to any vehicle or vessel used for public transport. > > > (2A) The regulations may— > > > > > (a) apply provisions of the [Motor Accident Injuries Act 2017](/view/html/inforce/current/act-2017-010) (with or without modifications) relating to the award of damages or statutory benefits to public transport accidents, and > > > > > (b) exclude the application of subsection (1) in connection with those public transport accidents. > > > (3) For the purposes of this section, a public transport accident is an accident caused by or arising out of the use of any form of public transport in New South Wales, including public transport in the form of a passenger railway or a water ferry or taxi, but not including— > > > > > (a) public transport in the form of air transport, or > > > > > (b) public transport that is operated primarily for tourists, the purposes of recreation or historical interest or that is an amusement device, or > > > > > (c) an accident for which, or to the extent to which, a person is liable otherwise than in the capacity of the owner or driver of, or other person in charge of, the vehicle or vessel used for public transport. > > > > A public transport accident, however, includes an accident of a class declared by the regulations to be a public transport accident, but does not include an accident of a class declared by the regulations not to be a public transport accident. > > > (4) This section does not apply to or in respect of public transport accidents occurring before the commencement of the [Motor Accidents Compensation Act 1999](/view/html/inforce/current/act-1999-041). > > > > Note. > > > > For damages that may be awarded for accidents occurring before that commencement, see Part 6 of the [Motor Accidents Act 1988](/view/html/inforce/current/act-1988-102). > > **s 121:** Ins 1999 No 41, Sch 4.15. Am 2017 No 10, Sch 5.13 \[1\] \[2\].