Circumstances in which person is to be taken to be in charge of a motor vehicle
3AA Circumstances in which person is to be taken to be in charge of a motor vehicle
Without limiting the circumstances in which a person is in charge of a motor vehicle, the following persons are to be taken to be in charge of a motor vehicle for the purposes of this Act—
a person who is attempting to start or drive the motor vehicle;
a person with respect to whom there are reasonable grounds for the belief that he or she intends to start or drive the motor vehicle;
S. 3AA(1)(ba) inserted by No. 8/2018 s. 4.
a person who is a vehicle supervisor of an automated vehicle for which an ADS permit is in force and which is operating in automated mode at any time while the person is assigned by the ADS permit holder to perform duties as a vehicle supervisor in relation to the vehicle;
a commercial driving instructor while the person whom he or she is teaching to drive is driving or in charge of the vehicle;
S. 3AA(1)(d) amended by No. 49/2019 s. 99.
a supervising driver while the person whom the supervising driver is sitting beside is driving or in charge of the vehicle.
Subsection (1)(c) or (d) does not affect any liability of the person being taught or accompanied for any offence committed by that person while driving or being in charge of the motor vehicle.
S. 3AB inserted by No. 92/2001 s. 6, amended by No. 8/2018 s. 5 (ILA s. 39B(1)).
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