The statutory scheme under ss 113 and 114 of the Transport Operations (Road Use Management) Act 1995 (Qld) validly attributes criminal responsibility for speeding to the nominated person in charge of the vehicle, and the failure to provide a statutory declaration under s 114(3) forecloses the defence of not being the driver without contravening the privilege against self-incrimination. A certified photograph under ss 120 and 122 showing registration plates and speed is sufficient evidence of the offence without proof of vehicle type, colour or make.
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