Road Traffic (Administration) Act 2008

If an issuing officer serves an infringement notice (visual evidence) on a responsible person, the responsible person is presumed to be the driver of the vehicle at the time of the alleged offence to which the infringement notice (visual evidence) relates unless subsection (2), (3), (4), (5), (6), (7) or (8) applies.

This subsection applies if —

the modified penalty, or a first instalment of the modified penalty, is paid within the initial payment period; or

an extension infringement notice in relation to the alleged offence is served on the responsible person and the modified penalty is paid within the extended payment period.

This subsection applies if the infringement notice (visual evidence) is withdrawn under section 94(1).

This subsection applies if, within the initial payment period and in the manner specified in the infringement notice (visual evidence), the responsible person gives a written notice stating —

that the responsible person was not the driver of the vehicle at the time of the alleged offence; and

the name and address of the driver of the vehicle at that time.

This subsection applies if, within the initial payment period and in the manner specified in the infringement notice (visual evidence), the responsible person gives —

a written notice stating that —

the responsible person was not the driver of the vehicle at the time of the alleged offence; and

the vehicle was stolen or unlawfully taken or used at that time;

evidence to support those statements.

This subsection applies if, within the initial payment period and in the manner specified in the infringement notice (visual evidence), the responsible person gives a written notice stating that —

the responsible person was not the driver of the vehicle at the time of the alleged offence; and

the responsible person does not know, and cannot reasonably ascertain, the name and address of the driver of the vehicle at that time.

This subsection applies if, within the initial payment period and in the manner specified in the infringement notice (visual evidence), the responsible person gives a written notice stating —

that the responsible person was not the driver of the vehicle at the time of the alleged offence; and

that the responsible person had sold the vehicle before the time of the alleged offence; and

the name and address of the person to whom the responsible person sold the vehicle.

This subsection applies if, within the initial payment period and in the manner specified in the infringement notice (visual evidence), the responsible person gives —

a written notice stating that the responsible person —

was not the driver of the vehicle at the time of the alleged offence; and

is concerned about providing information in response to the infringement notice (visual evidence) because of a risk or apprehended risk of an individual being subjected to family violence if the responsible person took steps to find or provide the information;

a family violence evidentiary document that relates to the individual who is at risk or apprehended risk.

The provision of information under subsection (8) 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).