Duty to identify driver or person in charge of vehicle
174 Duty to identify driver or person in charge of vehicle
In this section —
responsible person, for a vehicle, has the same meaning as it has in the Road Traffic (Administration) Act 2008 section 4 as if this section were a road law and includes a person to whom possession or control of the vehicle was entrusted at the time of the alleged offence referred to in subsection (2)(a) or (3)(a), as the case may be.
A responsible person for a vehicle commits an offence if —
an offence under this Act is alleged to have been committed involving the driving of a vehicle; and
an authorised officer requests the responsible person to give information that may lead to the identification of the driver or person in charge of the vehicle at the time of the alleged offence; and
the responsible person has, or could reasonably have ascertained, the information; and
the responsible person, without lawful excuse, fails to give the information.
Penalty for this subsection:
for an individual —
for a first offence, a fine of $5 000;
for a subsequent offence, a fine of $10 000;
for a body corporate, a fine of $25 000.
A responsible person for a vehicle commits an offence if —
an offence under this Act is alleged to have been committed involving the driving of the vehicle; and
an authorised officer requests the responsible person to give information that may lead to the identification of the driver or person in charge of the vehicle at the time of the alleged offence; and
the responsible person gives false information in response to the request.
Penalty for this subsection:
for an individual —
for a first offence, a fine of $5 000;
for a subsequent offence, a fine of $10 000;
for a body corporate, a fine of $25 000.
If a person is charged with an offence under subsection (2), the person may be convicted of an offence under section 175.
This Act’s bill:Explanatory memorandumSecond reading speech
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