Owner onus in relation to motor vehicles
58B Owner onus in relation to motor vehicles
If an allegation is made of a prescribed offence against this Act or the regulations where an element of that offence is the 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 58A(2) on the owner of the motor vehicle —
at the owner’s last known place of residence or business; or
by leaving the infringement notice in or on, or attaching it to, the motor vehicle.
When 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 authorised person the person who was the driver or person in charge of the motor vehicle at the relevant time; or
satisfies 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 under section 58A(10) for purposes other than to serve infringement notices under section 58A(2);
motor vehicle has the meaning given by the Road Traffic (Administration) Act 2008 section 4;
owner in relation to a vehicle means the person to whom a licence in respect of the vehicle has been granted under the Road Traffic (Vehicles) Act 2012, or, if the vehicle is not licensed under that Act, the person who owns the vehicle or is entitled to its possession.
[Section 58B inserted: No. 40 of 2000 s. 12; amended: No. 8 of 2012 s. 193.]
This provision refers to the regulations (prescribed offence
, the regulations
). Made under this Act:
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