654                                 Laws of Maryland                          Ch. 272

Section 1. Be it enacted by the General Assembly of Maryland,
That Section 167A of Article 66½ of the Annotated Code of Mary-
land (1967 Replacement Volume and 1969 Supplement), title "Mo-
tor Vehicles," subtitle "Unsatisfied Claim and Judgment Fund," be
and it is hereby repealed and re-enacted with amendments, and to
read as follows:

167A.

Any qualified person, who, after June 1, 1964, suffers damages
resulting from bodily injury or death or damage to property 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] damages
for a sum in excess of one hundred dollars ($100), exclusive of in-
terests and costs, or the personal representative of such person,
may, upon notice to the Board, apply to a court of competent
jurisdiction for an order permitting him to bring an action therefor
against the Board 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
operator 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 can-
not be located, and the applicant will be required to show affirma-
tively, to the court's satisfaction, that such efforts have been made.

(5)  That the injury or damage for which the applicant has in-
stituted the cause of action arose out of the ownership, mainte-
nance 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 insured or uninsured.

Sec. 2. And be it further enacted, That any qualified person who
suffers damages prior to the effective date of this Act shall have
all rights and remedies under Section 167A as set forth in that
section prior to the effective date of this Act.

Sec. 3. And be it further enacted, That this Act shall take effect
July 1, 1970.

Approved April 22, 1970