Transport Accident Regulations 2017

Authorised by the Chief Parliamentary Counsel Authorised Version i Transport Accident Regulations 2017 S.R. No. 40/2017 TABLE OF PROVISIONS Regulation Page 1 Objectives 1 2 Authorising provision 1 3 Revocation 1 4 Definition 1 5 Severe injuries 2 6 Reference to forms by number 2 7 Statement of earnings form 2 8 Accident report forms 3 9 Form for contract of insurance regarding trailers 3 10 Transitional provisions 3 11 Prescribed limit for home modification payment by the Commission 3 Schedule 1—Forms 4 ═════════════ Endnotes 11 -- 1 of 12 -- Authorised by the Chief Parliamentary Counsel Authorised Version 1 STATUTORY RULES 2017 S.R. No. 40/2017 Transport Accident Act 1986 Transport Accident Regulations 2017 The Governor in Council makes the following Regulations: Dated: 6 June 2017 Responsible Minister: ROBIN SCOTT Minister for Finance ANDREW ROBINSON Clerk of the Executive Council 1 Objectives The objectives of these Regulations are— (a) to specify certain injuries for the purposes of the definition of a severe injury in the Transport Accident Act 1986; and (b) to prescribe the forms to be used for the purposes of that Act. 2 Authorising provision These Regulations are made under section 132 of the Transport Accident Act 1986. 3 Revocation The Transport Accident Regulations 2007 1 are revoked. 4 Definition In these Regulations, the Act means the Transport Accident Act 1986. -- 2 of 12 -- Transport Accident Regulations 2017 S.R. No. 40/2017 2 Authorised by the Chief Parliamentary Counsel 5 Severe injuries (1) The following injuries are specified for the purposes of the definition of severe injury in section 3(1) of the Act— (a) an injury that results in permanent blindness; (b) burns to not more than 50% of the body that cause severe disfigurement and comprise of full-thickness burns— (i) to the head, neck, arms or lower legs; or (ii) that result in severe difficulties in performing mobility, communication and self-care tasks; (c) a brachial plexus injury that results in the loss of the use of a limb. (2) In this regulation, permanent blindness means— (a) a field of vision that is constricted to 10 degrees or less of arc from central fixation in the better eye, irrespective of corrected visual acuity; or (b) a corrected visual acuity of less than 6/60 of the Snellen Scale in both eyes; or (c) a combination of visual defects resulting in the same degree of visual loss as referred to in paragraph (a) or (b). 6 Reference to forms by number In these Regulations, a reference to a form by a particular number is a reference to the form of that number in Schedule 1. 7 Statement of earnings form The prescribed form for a statement of earnings under sections 49(4), 50(4) and 51(5) of the Act is Form 1. -- 3 of 12 -- Transport Accident Regulations 2017 S.R. No. 40/2017 3 Authorised by the Chief Parliamentary Counsel 8 Accident report forms (1) The prescribed form to be used for making a report under section 64(1) or (3) of the Act is Form 2. (2) The prescribed form to be used for making a report under section 64(2) of the Act is Form 3. 9 Form for contract of insurance regarding trailers The prescribed form for a contract of insurance which may be entered into by the Commission with the owner of a trailer under section 86 of the Act is Form 4. 10 Transitional provisions (1) On and from the commencement day, a contract of insurance that complied, or was taken to comply, with the form prescribed by regulation 10 of the Transport Accident Regulations 2007 as in force immediately before the commencement day is taken to be a contract that complies with the form prescribed by regulation 9 of these Regulations. (2) In this regulation, commencement day means the day these Regulations come into operation. 11 Prescribed limit for home modification payment by the Commission The prescribed greater amount under section 60(5) of the Act for the purposes of section 60(4) of the Act is $25 000. -- 4 of 12 -- Schedule 1—Forms Transport Accident Regulations 2017 S.R. No. 40/2017 4 Authorised by the Chief Parliamentary Counsel Schedule 1—Forms FORM 1 Regulation 7 STATEMENT OF EARNINGS BY A LOSS OF EARNING CAPACITY BENEFICIARY Name of claimant Address Claim no. Statement period Earnings received as an employee Start date Finish date Name and address Weekly hours Gross pay of employer Other earnings Start date Finish date Nature of activity Gross earnings DECLARATION I declare that the information on this form is true and correct to the best of my knowledge and belief. Signed Date of signing -- 5 of 12 -- Schedule 1—Forms Transport Accident Regulations 2017 S.R. No. 40/2017 5 Authorised by the Chief Parliamentary Counsel FORM 2 Regulation 8(1) DRIVER'S ACCIDENT REPORT 1 Details of driver • Surname • Given names • Mr, Mrs, Ms • Home address • Home telephone number • Work telephone number • Mobile telephone number • Date of birth • Driver's licence number • Expiry date • State of issue • Period held 2 Accident details • Date of accident • Day of the week • Time • Was the driver injured? Yes No • Location of the accident • Describe the circumstances of the accident • Draw a diagram of the accident scene, showing the position of all vehicles and any persons injured 3 Details of driver's vehicle • Registration number of the vehicle driven at the time of the accident • State of registration • Vehicle type (car, truck, motor cycle) • Name and address of owner—if not the driver • What was the estimated speed at time of impact • Mark the points of impact on the diagram with an X • Estimate cost of repairs • Level of damage— Level 1—minor damage, cosmetic panel damage Level 2—moderate damage, driveable vehicle Level 3—major damage—car towed Level 4—extensive damage—car likely to be unrepairable • If your vehicle was towed— Name and address of firm or persons who towed vehicle away • Name of panel beater • Name of comprehensive insurer 4 Details of witnesses • Surname • Given names • Home address • Home telephone number • Work telephone number • Mobile telephone number 5 Details of other occupants in driver's vehicle • Show by number, the position in the vehicle for other occupants on the diagram • Position number • Surname • Given names • Home address • Home telephone number • Work telephone number • Mobile telephone number • Was this person injured? Yes No -- 6 of 12 -- Schedule 1—Forms Transport Accident Regulations 2017 S.R. No. 40/2017 6 Authorised by the Chief Parliamentary Counsel 6 Details of all other vehicles involved in the accident • Surname • Given names • Home address • Registration number • Number of persons in vehicle • Level of damage (see question 3 for levels 1 to 4) 7 Details of all other persons involved in the accident (not in a vehicle at the time of the accident) • Surname • Given names • Home address • Type of road user (e.g. pedestrian, cyclist etc.) • Was this person injured? Yes No Declaration by person making this report I hereby declare that the above information is true and correct to the best of my knowledge and belief. Signature Date -- 7 of 12 -- Schedule 1—Forms Transport Accident Regulations 2017 S.R. No. 40/2017 7 Authorised by the Chief Parliamentary Counsel FORM 3 Regulation 8(2) TRANSPORT AUTHORITY ACCIDENT REPORT 1 Name of Authority • Returned to 2 Details of Transport Authority/Operator involved • Vehicle types • End • Vehicle Identification Numbers • Destinations • Time table 3 Authority/Operator driver details • Surname • Given names • Employee identification number • Male/Female 4 Accident details • Date of accident • Day of the week • Time a.m./p.m. • Location of the accident • Description of the accident • Visibility good/bad • Weather wet/dry • Lighting on/off • Draw a diagram of the accident showing the position of all vehicles and any injured person as at time of impact • Name of the MTA officer or loss assessor if attended at the scene 5 Police details • Did the police attend the accident scene— No Yes • If yes please provide the following details— Name of the police officer who attended at the scene Police officer's badge number Station where officer located 6 Details of persons injured in Authority/Operator Vehicle • Surname • Given names • Residential address • Home telephone number • Work telephone number • Mobile telephone number • Male/Female • Age • Apparent injuries sustained • Taken to hospital by ambulance— No Yes If yes, name of hospital -- 8 of 12 -- Schedule 1—Forms Transport Accident Regulations 2017 S.R. No. 40/2017 8 Authorised by the Chief Parliamentary Counsel 7 Details of other injured persons • Surname • Given names • Residential address • Home telephone number • Work telephone number • Mobile telephone number • Male/Female • Age • Registration number if in a vehicle • Type of road user • Apparent injuries sustained • Taken to hospital by ambulance— No Yes If yes, name of hospital 8 Details of all other vehicles involved in the accident • Surname • Given names • Residential address • Home telephone number • Work telephone number • Mobile telephone number • Registration number • State of registration • Make and colour of vehicle • Number of passengers in vehicle, excluding the driver— Males Females Children • How did the vehicle leave the scene • Description of damage sustained by vehicle 9 Details of witnesses • Surname • Given names • Residential address • Home telephone number • Work telephone number • Mobile telephone number • Did an authority employee witness the accident? Yes No 10 General remarks Have you any doubt the injury occurred as stated? If so why? Completed by Name Position Signature Date If report is from tourist railway/tram operator • Name of operator • Address • Telephone number -- 9 of 12 -- Schedule 1—Forms Transport Accident Regulations 2017 S.R. No. 40/2017 9 Authorised by the Chief Parliamentary Counsel FORM 4 Regulation 9 CONTRACT OF INSURANCE 1 Interpretation In this Contract— Commission means the Transport Accident Commission established under Part 2 of the Transport Accident Act 1986; owner means the person named in the Schedule as the owner of the trailer; premium means the premium set out in the Schedule; Schedule means the Schedule to this contract; trailer means the trailer described in the Schedule. 2 Indemnity (1) In consideration of the owner having paid to the Commission the premium, the Commission agrees to indemnify— (a) the owner; and (b) any other person who is at any time in charge of the trailer, with or without the authority of the owner— against any liability which may be incurred by the owner, or that other person, in respect of the death of, or injury to, any person caused by, or arising out of, the use in Australia of the trailer. (2) The indemnity set out in this clause applies— (a) subject to Part 5 of the Transport Accident Act 1986; and (b) during— (i) the period of insurance set out in the Schedule; and (ii) any subsequent period for which the Commission accepts a renewal premium. -- 10 of 12 -- Schedule 1—Forms Transport Accident Regulations 2017 S.R. No. 40/2017 10 Authorised by the Chief Parliamentary Counsel 3 Limitation of liability (1) This contract does not indemnify the owner or the person referred to in clause 2(1)(b) against any of the following— (a) liability to pay compensation under the Accident Compensation Act 1985 or an Act or law referred to in section 37 of the Transport Accident Act 1986; (b) liability arising under an agreement (other than this contract) unless the liability would have arisen even in the absence of the agreement; (c) liability in respect of death or injury caused by, or arising out of, the use of the trailer in any period during which the trailer is not registered in Victoria under the Interstate Road Transport Act 1985 of the Commonwealth. (2) If, at the time of any event giving rise to a liability under this contract, there subsists another contract of insurance or indemnity covering the owner in respect of the same liability, the Commission is not liable under this contract for any more than its rateable proportion. Signed for and on behalf of the Transport Accident Commission Date ═════════════ -- 11 of 12 -- Endnotes Transport Accident Regulations 2017 S.R. No. 40/2017 11 Authorised by the Chief Parliamentary Counsel Endnotes 1 Reg. 3: S.R. No. 49/2007 as amended by S.R. Nos 8/2010 and 115/2011. -- 12 of 12 --