Road Transport (General) Act 2005 No 11
Historical version for 1 January 2012 to 29 January 2012 (accessed 27 November 2014 at 09:50) Repealed version

Division 1 Liability of registered operators and owners

80   Liability of registered operators and owners

(cf model provisions, s 150, Roads Act, s 235)

(1)  This section applies to an applicable road law offence where the offence is expressed to be committed by an operator of a vehicle or combination (whether or not any other person can also commit the offence).
(2)  If an offence to which this section applies is committed:
(a)  with respect to a vehicle not forming part of a combination at the relevant time—the registered operator or owner of the vehicle is taken to have committed the offence and is punishable accordingly, or
(b)  with respect to a whole combination or with respect to the towing vehicle of a combination—the registered operator or owner of the towing vehicle of the combination is taken to have committed the offence and is punishable accordingly, or
(c)  with respect to a trailer forming part of a combination at the relevant time—the registered operator or owner of the towing vehicle and the registered operator or owner (if any) of the trailer are each taken to have committed the offence and are punishable accordingly.
(3)  The registered operator or owner has the benefit of the reasonable steps defence for an offence under this section, but only if the reasonable steps defence is available to a principal offender for an offence of the kind committed by the principal offender.
(4)  Subsection (2) does not apply if, during the period prescribed by the regulations and in the manner prescribed by the regulations, the registered operator or owner gives the Authority a statutory declaration containing prescribed information, including the name and address of the operator of the vehicle or combination at the time of the offence.
(5)  This section does not affect the liability of the principal offender.
(6)  In this section:

owner does not include a lessor of a vehicle or combination.

81   Complicity and common purpose (aiding and abetting)

(cf model provisions, s 151)

(1)  A person who aids, abets, counsels or procures the commission of an applicable road law offence by another person is taken to have committed that offence and is punishable accordingly.
(2)  For the person to be guilty:
(a)  the person’s conduct must have in fact aided, abetted, counselled or procured the commission of the offence by the other person, and
(b)  the offence must have been committed by the other person.
(3)  For the person to be guilty, the person must have intended that:
(a)  his or her conduct would aid, abet, counsel or procure the commission of any offence of the type the other person committed, or
(b)  his or her conduct would aid, abet, counsel or procure the commission of an offence and have been reckless about the commission of the offence that the other person in fact committed.
(4)  Subsection (3) has effect subject to subsection (8).
(5)  A person cannot be found guilty of aiding, abetting, counselling or procuring the commission of an offence if, before the offence was committed, the person:
(a)  terminated his or her involvement, and
(b)  took reasonable steps to prevent the commission of the offence.
(6)  This section does not affect the liability of the principal offender.
(7)  A person may be found guilty of aiding, abetting, counselling or procuring the commission of an offence even if the principal offender has not been prosecuted or has not been found guilty.
(8)  Any special liability provisions that apply to an offence apply also to the offence of aiding, abetting, counselling or procuring the commission of that offence.
(9)  In this section:

special liability provision means:

(a)  a provision that provides that it is no defence that the defendant had a mistaken but reasonable belief as to the facts that constituted the offence, or
(b)  a provision that provides that, in a prosecution for an offence, it is not necessary to prove that the defendant knew a particular thing, or
(c)  a provision that provides that, in a prosecution for an offence, it is not necessary to prove that the defendant knew or believed a particular thing.

82   Causing or permitting

(cf model provisions, s 152)

(1)  A person who causes or permits another person to commit an applicable road law offence is taken to have committed that offence and is punishable accordingly.
(2)  This section does not affect the liability of the person who actually committed the offence.
(3)  This section does not apply in relation to directions given by authorised officers or police officers under applicable road laws.

83   Coercing, inducing or offering incentive

(cf model provisions, s 153)

(1)  A person who urges another person to commit an applicable road law offence is guilty of an offence.

Maximum penalty: 100 penalty units (in the case of an individual) or 500 penalty units (in the case of a corporation).

(2)  Without limiting the above, a person urges another person to commit an applicable road law offence if the person threatens, intimidates, coerces, induces or offers an incentive to the other person to commit the applicable road law offence.
(3)  This section does not affect the liability of the person who actually committed the applicable road law offence.
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