Local Government (Highways) Act 1982

This section applies to an offence under this Part.

Subject to this section, where an offence to which this section applies occurs in relation to a vehicle, the person who, at the time the offence occurred, was the registered operator of the vehicle is, by virtue of this section, guilty of the offence as if he or she were the person driving or in charge of the vehicle at that time.

Subject to this section, where an offence to which this section applies occurs in relation to a thing other than a vehicle, the person who, at the time the offence occurred, was the owner of the thing is, by virtue of this section, guilty of the offence as if he or she were the person in charge of the thing at that time.

A person is not guilty of an offence under subsection (2) or subsection (2A) if he or she establishes that he or she was not driving or in charge of the vehicle or thing at the time of the occurrence of the offence.

If a registered operator or owner who has been served with an infringement notice under section 100 wishes to establish that he or she was not driving or in charge of the vehicle or thing at the time of the occurrence of the offence, he or she must – lodge with the corporation a notice of election to have the matter heard in court; or provide a statutory declaration to the corporation stating that at the time of the offence – the vehicle was being driven by some other person without his or her knowledge or consent; or the vehicle or thing was in the charge of another person and stating the name of that person; or the person had completed as transferor an application for the transfer of the registration and stating the name of the transferee; or the person was not the owner of the thing and stating the name of the owner.

A statutory declaration provided to the corporation under subsection (4) is taken to be an application for withdrawal of an infringement notice under section 24 of the Monetary Penalties Enforcement Act 2005.

If an infringement notice in relation to an offence is withdrawn on the basis of a statutory declaration provided to the corporation under subsection (4)(b)(ii), (iii) or (iv), this section applies to and in respect of the person named in the statutory declaration as being in charge of the vehicle or thing, as being the transferee of the vehicle or as being the owner of the thing as if he or she were the registered operator of the vehicle or the owner of the thing in relation to which the offence occurred.

A person is not entitled to rely on a defence as referred to in subsection (3) unless he or she gives, within 21 days of the service on him or her of a complaint and summons relating to the offence, to the clerk of the court specified in the summons, written notice of his or her intention to rely on that defence, together with a statutory declaration in accordance with subsection (4)(b).

Proceedings must not be heard in relation to an offence to which this section applies unless the defendant referred to in the complaint and summons relating to the offence was, at the time of the service of the complaint and summons on him or her, notified in writing of the provisions of this section.

A complaint and summons to which this section relates is to contain an address at which a notice under subsection (6) may be lodged.

Where there are 2 registered operators of a vehicle, or 2 owners of a thing – a prosecution for an offence to which this section applies may be brought against one or both of them; and if the court is satisfied that such an offence has been committed and a defence is not established under subsection (3), the defendants, or any one of them who does not establish such a defence, may be found guilty of the offence.

Where a monetary penalty is imposed on 2 registered operators of a vehicle or 2 or more owners of a thing who have been found guilty, or who have been taken to have been convicted under section 20 of the Monetary Penalties Enforcement Act 2005, of an offence to which this section applies, the total of any monetary penalty imposed in respect of that offence is not to exceed the maximum monetary penalty that could have been imposed if only one of them had been found guilty, or taken to have been convicted, of that offence.

Where – a person on whom a complaint and summons, relating to an offence to which this section applies has been served, gives to the clerk of the court specified in the summons written notice of his or her intention to rely on the defence under subsection (3) together with a statutory declaration stating that the vehicle or thing was in the charge of another person and stating the name of that person; and proceedings in respect of that offence are taken against the person named in the statutory declaration as being in charge of the vehicle or thing – the statutory declaration is evidence that the person named in the statutory declaration as being in charge of the vehicle or thing was in charge of the vehicle or thing at all relevant times relating to the offence.

Nothing in this section affects the liability of the actual offender but, where a monetary penalty has been imposed on or recovered from any person in relation to an offence to which this section applies, a further monetary penalty must not be imposed on or recovered from any other person in relation to the offence.