Averments
260 Averments
In proceedings for an offence against the road transport legislation, a statement or allegation in a complaint or charge made by the person bringing the proceedings that, at a specified time or during a specified period—
a specified vehicle or combination was a heavy vehicle or heavy combination, or
a specified vehicle or combination was of a particular class of heavy vehicle or heavy combination, or
a specified person was the registered operator of a heavy vehicle, or
(Repealed)
a specified location was, or was part of, a road, or
without limiting paragraph (e), a specified area was the subject of a declaration referred to in section 18 or was not the subject of a declaration under section 19, or both, or
a specified location was subject to a specified prohibition, restriction or other requirement regarding the operation or use of vehicles or specified classes of vehicles (including, for example, a temporary restriction on load limits during wet weather),
is prima facie evidence of that matter.
In a prosecution for an offence against the road transport legislation, a statement or allegation in a court attendance notice made by the person bringing the proceedings that the offence was committed in a specified place, at a specified time, on a specified date or during a specified period is prima facie evidence of that matter.
This Act’s bill:Explanatory memorandumSecond reading speech
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