Owner onus in relation to motor vehicles
18B Owner onus in relation to motor vehicles
If an allegation is made of a prescribed offence against this Act and an element of that offence is the use, driving, parking, standing or leaving of a motor vehicle and the identity of the driver or person in charge of the motor vehicle at the time of the commission of that offence cannot be immediately established, an infringement notice in respect of that allegation may be served under section 18A(2) on the owner of the motor vehicle —
at his or her own last known place of residence or business; or
by leaving the infringement notice in or on, or attaching it to, the motor vehicle.
Where an infringement notice is served on the owner of a motor vehicle in the circumstances referred to in subsection (1), then, unless within the period stated in the infringement notice or that period as extended —
the modified penalty is paid; or
the owner —
identifies to an inspector or an authorised person the person who was the driver or person in charge of the motor vehicle at the relevant time; or
satisfies an inspector or an authorised person that, at the relevant time, the motor vehicle had been stolen or unlawfully taken or was being unlawfully used,
the owner is deemed to be the driver or person in charge of the motor vehicle at the time of the commission of the alleged offence.
In this section —
authorised person means an authorised person appointed for the purposes of section 18A(2);
motor vehicle has the meaning given by the Road Traffic (Administration) Act 2008 section 4.
[Section 18B inserted: No. 78 of 1994 s. 7; amended: No. 8 of 2012 s. 132; No. 2 of 2019 s. 31 and 33.]
This provision refers to the regulations (prescribed offence
). Made under this Act:
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