Service of infringement notice on responsible person if there is visual evidence in relation to offence
86 Service of infringement notice on responsible person if there is visual evidence in relation to offence
This section applies if —
an issuing officer reasonably believes that a prescribed road law offence, of which driving a vehicle is an element, has been committed; and
the belief is based on visual evidence; and
the identity of the driver of the vehicle is not known and cannot immediately be ascertained; and
the identity of the vehicle can be ascertained from the visual evidence; and
a responsible person for the vehicle is an individual.
The issuing officer may serve a notice (an infringement notice (visual evidence)) in relation to the alleged offence on the responsible person.
An infringement notice (visual evidence) must —
comply with the requirements in section 91; and
either —
contain or be accompanied by the visual evidence; or
set out a way in which the visual evidence can be accessed electronically;
and
contain or be accompanied by a statement explaining the operation of sections 87, 88, 92 (other than subsection (2)(b)(ii)), 93(1) and (2) and 101; and
specify the manner in which a written notice, evidence or a family violence evidentiary document can be given under section 87.
If more than 1 responsible person for the vehicle is an individual, the infringement notice (visual evidence) may be served on not more than 1 of those persons chosen by the CEO.
[Section 86 inserted: No. 15 of 2024 s. 25.]
This Act’s bill:Explanatory memorandumSecond reading speech
The statute text is free to read above. View subscription options to unlock the case-law research tools for each provision.