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s 289

Offence—use uninsured motor vehicle on road or road related area

In force
Chapter 6Motor accident injuries insurance
Part 6.2Compulsory motor accident injuries insurance

289 Offence—use uninsured motor vehicle on road or road related area

(1)

A person commits an offence if—

(a)

the person uses, or permits or allows a person to use, a motor vehicle on a road or road related area; and

(b)

the vehicle is not an insured motor vehicle.

Maximum penalty: 50 penalty units.

Note 1 Road and road related area are defined in the dictionary.

Use, a vehicle, is defined in s 11 and includes provisions about trailers.

Note 2 Penalties imposed under this Act must be paid into the nominal defendant fund (see s 330).

(2)

This section does not apply to a person who uses, or permits or allows a person to use, a motor vehicle on a road or road related area if—

(a)

there is an unregistered vehicle permit in force for the vehicle; or

(b)

the registration provisions do not apply to the vehicle because of the Road Transport (Vehicle Registration) Regulation 2000, part 2.2 (Vehicles not subject to registration provisions); or

(c)

the vehicle is exempted from this section by regulation; or

(d)

the motor vehicle is owned by—

(i)

the Territory or a territory authority; or

(ii)

the Commonwealth or a Commonwealth authority.

Note See s 288 for motor vehicles owned by the Territory, a territory authority, the Commonwealth or a Commonwealth authority.

(3)

It is a defence to a prosecution for an offence against this section if the defendant establishes that, at the time the motor vehicle was used on the road or road related area, the defendant believed on reasonable grounds that the vehicle was an insured motor vehicle.

Note A trailer does not need to be separately insured (see s 290 and ss 325 to 328).

Part 6.3 Motor accident injuries policies

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