Motor Accident Injuries Regulation 2017 (2017-498) (NSW)

Motor Accident Injuries Regulation 2017

Part 1 Preliminary

1 Name of Regulation This Regulation is the Motor Accident Injuries Regulation 2017.

2 Commencement This Regulation commences on 8 September 2017 and is required to be published on the NSW legislation website.

3 Definitions (1) In this Regulation— person under legal incapacity has the same meaning as in section 7.47 of the Act. the Act means the Motor Accident Injuries Act 2017.

Note— The Act and the Interpretation Act 1987 contain definitions and other provisions that affect the interpretation and application of this Regulation. (2) Notes included in this Regulation do not form part of this Regulation.

4 Meaning of "threshold injury", section 1.6(4) of the Act (1) An injury to a spinal nerve root that manifests in neurological signs (other than radiculopathy) is included as a soft tissue injury for the purposes of the Act. (2) Each of the following injuries is included as a threshold injury for the purposes of the Act— (a) acute stress disorder, (b) adjustment disorder.

Note— See section 1.6 (5) of the Act in relation to the making of Motor Accident Guidelines for or with respect to the assessment of whether an injury is a threshold injury. (3) In this clause acute stress disorder and adjustment disorder have the same meanings as in the document entitled Diagnostic and Statistical Manual of Mental Disorders (DSM-5), published by the American Psychiatric Association in May 2013.

Part 2 Third-party insurance

5 Motor vehicles subject to unregistered vehicle permits (section 2.4 (1) (c)) (1) For the purposes of section 2.4 of the Act, the following classes of motor vehicles are prescribed as classes of motor vehicles that are taken, for the purposes of a third-party policy under the Act, to be subject to an unregistered vehicle permit and not to conditional registration— (a) motor vehicles that comply with subclause (2) and that— (i) are used to perform agricultural tasks (for example, tractors and harvesters), or (ii) are designed for use solely over snow and are located within the boundaries of Kosciuszko National Park, (b) motor vehicles that were manufactured 30 or more years ago and are used on a road solely in the course of, or as an incident to, an activity of an organisation that is identified in the records of TfNSW as a historic vehicle club, (c) motor vehicles that weigh more than 250 kilograms when unladen and are designed or used solely for cutting grass or for purposes incidental to cutting grass, (d) motor vehicles that are used solely for the purposes of road construction, maintenance or repair and are not used on a road otherwise than while at, or proceeding to or returning from, the place where the road construction, maintenance or repair is carried out, (e) motor vehicles that are subject to conditional registration under the Road Transport Act 2013 on the basis that they are— (i) classified by TfNSW as earthwork plant or industrial plant, or (ii) used solely on Stockton Beach for recreation purposes, (f) motor vehicles that are motorised buggies or carts and are designed and used for the purpose of— (i) carrying golfers, spectators or golfing equipment on a golf course, or (ii) carrying persons in a holiday resort or retirement village or the like, (g) motor vehicles that are designed or used solely for the conveyance of a person with a disability that substantially impairs the person's mobility and that are capable of travelling at more than 10 kilometres per hour, (h) motor vehicles that are trackless trains, (i) chargeable heavy vehicles within the meaning of Schedule 2 to the Road Transport Act 2013 that have been granted full exemption from registration charges under the Road Transport (Vehicle Registration) Regulation 2017, (j) a motor vehicle that has been granted full exemption from motor vehicle tax within the meaning of the Motor Vehicles Taxation Act 1988. (2) A motor vehicle complies with this subclause if— (a) the vehicle is not required to be entered on the RAV by the Road Vehicle Standards Act 2018 of the Commonwealth or rules made under that Act, and (b) if applicable—approval for the placement of identification plates was not given in relation to the vehicle under the Motor Vehicle Standards Act 1989 of the Commonwealth, section 10A, as in force from time to time before its repeal. (3) In this clause— RAV means the Register of Approved Vehicles kept under the Road Vehicle Standards Act 2018 of the Commonwealth, section 14(1).