Duty to take reasonable measures to be able to comply with identity request
35 Duty to take reasonable measures to be able to comply with identity request
In this section —
identity request means a request made under a road law for information as to the identity of the person who was driving or in charge of a vehicle at any particular time.
A responsible person for a vehicle commits an offence if the responsible person fails to take reasonable measures, or make reasonable arrangements, to ensure that if an identity request is made in relation to the vehicle, the responsible person will be able to comply with it.
Penalty for this subsection:
for an individual —
for a first offence, a fine of 24 PU;
for a subsequent offence, a fine of 48 PU;
for a body corporate, a fine of 100 PU.
Subsection (2) does not apply if the responsible person for the vehicle supplies to the person who has made the identity request a statutory declaration —
that the responsible person was not the driver or person in charge of the vehicle at the relevant time; and
that the responsible person is concerned about providing information in response to the identity request because of a risk or apprehended risk of being subjected to family violence if the responsible person took steps to find or provide that information.
A statutory declaration under subsection (3) must be accompanied by a family violence evidentiary document that relates to the responsible person.
Subsection (3) does not apply if the request for information was made under the Road Traffic Act 1974 section 57.
The provision of information under subsection (3) does not give rise to a requirement for a police officer to carry out an investigation under the Restraining Orders Act 1997 section 62A (but this subsection does not prevent such an investigation occurring if the police officer thinks fit).
[Section 35 amended: No. 25 of 2016 s. 59; No. 30 of 2020 s. 88; No. 15 of 2024 s. 37.]
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