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reg 28

Responsible person deemed to be driver

In force

28 Responsible person deemed to be driver

(1)

This rule applies if —

(a)

an authorised person reasonably believes a driver of a vehicle has committed an offence against this by‑law; and

(b)

the modified penalty payable with respect to the offence has not been paid within the time specified in the notice given under rule 27.

(2)

The authorised person may give the responsible person for the vehicle at the relevant time a notice in the form of Form 2.

(3)

The notice is taken to have been given to the responsible person if the authorised person serves the notice on the responsible person in accordance with rule 31.

(4)

The responsible person is taken to have committed the offence and is liable to pay the penalty prescribed for the offence unless, within 14 days after the day on which the notice is given to the responsible person, the responsible person —

(a)

provides to the Authority or an authorised person, in writing —

(i)

the offender’s identity and address; or

(ii)

evidence that the vehicle had been stolen, or was being unlawfully used, at the relevant time;

or

(b)

pays to the Authority the modified penalty.

[Rule 28 inserted: SL 2020/208 r. 10.]

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Section 28 — Responsible person deemed to be driver — Government Railways (Parking Stations) By-law 1997 (Western Australia) — Barrister AI