448                               LAWS OF MARYLAND                        [CH. 187

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 115A of Article 66½ of the Annotated Code of Maryland
(1963 Supplement), title "Motor Vehicles," subtitle "Civil Liability,"
be and it is hereby repealed.

Sec. 2. And be it further enacted, That new Section 167A be and
it is hereby added to the said Article of the Code (1957 Edition), sub-
title "Unsatisfied Claim and Judgment Fund," to follow immediately
after Section 167 thereof, and that Section 173 of the said Article
and subtitle of the Code, be and it is hereby repealed and re-enacted,
with amendments, all to read as follows:

167A.

Any qualified person, who, after June 1, 1964, suffers damages
resulting from bodily injury or death caused by an operator or owner
whose whereabouts cannot be ascertained, and who has instituted a
cause of action against the operator or owner, or both, in respect to
such death or bodily injury for a sum in excess of one hundred
dollars ($100), exclusive of interests and costs, or the personal repre-
sentative of such person, may, upon notice to the Commissioner and
the Board, apply to a court of competent jurisdiction for an order per-
mitting him to bring an action therefor against the Commissioner
when the court is satisfied upon hearing of the application, that

(1)  the applicant has complied with the requirements of Section
154.

(2)  the applicant was not at the time of the accident, operating or
riding in any uninsured motor vehicle owned by him, nor is he the
personal representative of a person who was so operating or riding in
such a vehicle.

(3)  the applicant has instituted a cause of action against the opera-
tor or owner, or both, of such vehicle whose whereabouts cannot be
ascertained in order to effect service under the Maryland Rules and
service of process in such cause of action has twice been returned
non est.

(4) all reasonable efforts have been made to ascertain the where-
abouts of the operator or owners, or both, of such vehicle in order
to obtain personal service under the Maryland Rules and he cannot
be located, and the applicant will be required to show affirmatively,
to the court's satisfaction, that such efforts have been made.

(5) THAT THE INJURY OR DAMAGE FOR WHICH THE AP-
PLICANT HAS INSTITUTED THE CAUSE OF ACTION AROSE
OUT OF THE OWNERSHIP, MAINTENANCE OR USE OF AN
UNINSURED MOTOR VEHICLE OR THAT IT IS IMPOSSIBLE
TO ASCERTAIN, AFTER ALL REASONABLE EFFORTS HAVE
BEEN MADE, WHETHER THE MOTOR VEHICLE WAS IN-
SURED OR UNINSURED.

173.

When judgment has been obtained against the Commissioner in an
action brought under this subtitle, the Commissioner shall, upon pay-
ment from the fund of the amount of the judgment to the extent