Traffic Act 1925

This section applies to such offences under this Act or the Vehicle and Traffic Act 1999 as may be specified in the regulations.

Where an offence to which this section applies occurs in relation to a motor vehicle or trailer, the person who, at the time of the occurrence of the offence, was the registered operator of the motor vehicle or trailer, is, by virtue of this section, guilty of the offence as if he were the person driving or in charge of the motor vehicle or trailer at the time of the occurrence of the offence.

It is a defence to proceedings in relation to an offence under subsection (1) for the defendant to establish that he was not driving or in charge of the motor vehicle or trailer at the time of the occurrence of the offence.

If a person wishes to rely on a defence under subsection (2), he or she must – lodge with the Director, MPES a notice of election to have the matter heard in court; or provide a statutory declaration under section 43HA.

A person is not entitled to rely on a defence under subsection (2) unless he gives, within 21 days of the service on him of a complaint and summons relating to the offence, to the clerk of the court specified in the summons, written notice of his intention to rely on that defence, together with a statutory declaration stating that at the time of the occurrence of the offence – the motor vehicle or trailer was being driven by some other person without his knowledge or consent; the motor vehicle or trailer 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.

Proceedings shall 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, notified in writing of the provisions of this section.

A complaint and summons to which this section relates shall contain an address at which a notice under subsection (3) may be lodged.

Where there are 2 registered operators of a motor vehicle or trailer – 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 fine is imposed on 2 registered operators of a motor vehicle or trailer who have been found guilty of an offence to which this section applies, the total of any fines imposed in respect of that offence is not to exceed the maximum fine that could have been imposed if only one of them had been found guilty 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 intention to rely on the defence under subsection (2) together with a statutory declaration stating that the motor vehicle or trailer 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 motor vehicle or trailer – the statutory declaration is evidence that the person named in the statutory declaration as being in charge of the motor vehicle or trailer was in charge of the motor vehicle or trailer at all relevant times relating to the offence.

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