Part 5.1Part 5.1 Liability for offences
(cf model provisions, s 147)
(1) This section applies where a provision of the road transport legislation provides (expressly or impliedly) that each of 2 or more persons is liable for an applicable road law offence.(2) Proceedings may be taken against all or any of the persons.(3) Proceedings may be taken against any of the persons:(a) regardless of whether or not proceedings have been commenced against any of the other persons, and(b) if proceedings have been commenced against any of the other persons—regardless of whether or not the proceedings have been concluded, and(c) if proceedings have been concluded against any of the other persons—regardless of the outcome of the proceedings.(4) This section has effect subject to section 177 and to any express provisions of the road transport legislation.
(cf model provisions, s 148)
(1) A person may be punished only once in relation to the same failure to comply with a particular provision of the road transport legislation, even if the person is liable in more than one capacity.(2) Despite subsection (1), a person may be punished for more than one breach of a requirement where the breaches relate to different parts of the same vehicle or combination.
178 Liability of directors, partners, employers and others for offences by bodies corporate, partnerships, associations and employees
(cf model provisions, s 149)
(1) If a body corporate commits an offence under the road transport legislation, each director of the body corporate, and each person concerned in the management of the body corporate, is taken to have committed the offence and is punishable accordingly.(2) If a person who is a partner in a partnership commits an offence under an applicable road law in the course of the activities of the partnership, each other person who is a partner in the partnership, and each other person concerned in the management of the partnership, is taken to have committed the offence and is punishable accordingly.(3) If a person who is concerned in the management of an unincorporated association commits an applicable road law offence in the course of the activities of the unincorporated association, each other person concerned in the management of the unincorporated association is taken to have committed the offence and is punishable accordingly.(4) If an employee commits an applicable road law offence, the employer is taken to have committed the offence and is punishable accordingly.(4A) Subsections (1), (2), (3) and (4) do not apply in respect of an offence under a provision of a regulation made under the road transport legislation that is declared by such a regulation to be an excluded provision for the purposes of this section.(5) This section does not affect the liability of the person who actually committed the offence.(6) A person may be proceeded against and found guilty of an offence arising under this section whether or not the body corporate or other person who actually committed the offence has been proceeded against or been found guilty of the offence.(7) It is a defence to a prosecution for an offence arising under subsection (1) if the defendant establishes that:(a) the defendant was not in a position to influence the conduct of the body corporate in relation to the actual offence, or(b) the defendant, being in such a position, took reasonable precautions and exercised due diligence to prevent the commission of the actual offence.(8) It is a defence to a prosecution for an offence arising under subsection (2) or (3) if the defendant establishes that:(a) the defendant was not in a position to influence the conduct of the person who actually committed the offence, or(b) the defendant, being in such a position, took reasonable precautions and exercised due diligence to prevent the commission of the actual offence.(9) It is a defence to a prosecution for an offence arising under subsection (4) if the defendant establishes that:(a) the defendant had no knowledge of the actual offence, and(b) the defendant took reasonable precautions and exercised due diligence to prevent the commission of the actual offence.
179 Liability of responsible person for vehicle for designated offences
(cf former Act, s 43)
(1) Responsible person for vehicle taken to have committed designated offences
If a designated offence occurs in relation to any registrable vehicle, the person who at the time of the occurrence of the offence is the responsible person for the vehicle is taken to be guilty of an offence under the provision concerned in all respects as if the responsible person were the actual offender guilty of the designated offence unless:(a) in any case where the offence is dealt with under Part 5.3—the person satisfies the authorised officer under section 183 that:(i) the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used, or(ii) the actual offender would have a defence to any prosecution for the designated offence brought against the offender, or(b) in any other case—the person satisfies the court hearing the proceedings for the offence that:(i) the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used, or(ii) the actual offender would have a defence to any prosecution for the designated offence brought against the offender.(2) Liability of actual offender unaffected
Nothing in this section affects the liability of the actual offender. However, if a penalty has been imposed on or recovered from any person in relation to any designated offence, no further penalty may be imposed on or recovered from any other person in relation to the offence.(3) When responsible person not liable for parking offence
Despite subsection (1), the responsible person for a vehicle is not guilty of a parking offence by the operation of that subsection if:(a) in any case where such an offence is dealt with under Part 5.3—the responsible person:(i) within 21 days after service on the responsible person of a penalty notice alleging that the responsible person has been guilty of such offence, supplies by relevant nomination document to the authorised officer under section 183 the name and address of the person who was in charge of the vehicle at all relevant times relating to the parking offence concerned, or(ii) satisfies the authorised officer that the responsible person did not know and could not with reasonable diligence have ascertained the name and address, or(b) in any other case—the responsible person:(i) within 21 days after service on the responsible person of a court attendance notice in respect of the offence, supplies by statutory declaration to the informant the name and address of the person who was in charge of the vehicle at all relevant times relating to the parking offence concerned, or(ii) satisfies the court hearing the proceedings for the offence that the responsible person did not know and could not with reasonable diligence have ascertained the name and address.(4) Duty to inform if person not driver of vehicle committing camera recorded offence
A person who:(a) is served with a penalty notice or a court attendance notice in respect of a camera recorded offence, and(b) was not the driver of the vehicle to which the offence relates at the time the offence occurred,must, within 21 days after service of the notice, supply by relevant nomination document to the authorised officer under section 183 (in the case of a penalty notice) or the prosecutor (in the case of a court attendance notice) the name and address of the person who was in charge of the vehicle at the time the offence occurred.(5) For the purposes of subsections (3) and (4), it is presumed that a penalty notice served on a person by post is served on the person 21 days after it is posted, unless the person establishes that it was not received by the person, or was not received by the person within the 21-day period.(6) Offence—failure to comply with subsection (4)
A person must comply with subsection (4) unless the person satisfies:(a) in the case of a penalty notice—the authorised officer, or(b) in the case of a court attendance notice—the court dealing with the camera recorded offence, or(c) in either case—the court dealing with the offence of failing to comply with subsection (4),that he or she did not know and could not with reasonable diligence have ascertained that name and address.Maximum penalty:
(a) if the offence relates to a vehicle registered otherwise than in the name of a natural person—100 penalty units, or(b) in any other case—50 penalty units.(7) Offence—false nomination of person in charge of vehicle
A person must not, in a relevant nomination document supplied under subsection (4), falsely nominate another person as the person who was in charge of the vehicle at the time the offence occurred.Maximum penalty:
(a) if the offence relates to a vehicle registered otherwise than in the name of a natural person—100 penalty units, or(b) in any other case—50 penalty units.(7A) A court or authorised officer may have regard to a statutory declaration that is provided by a person in deciding, for the purposes of subsection (3), (4) or (7), whether the person did not know and could not with reasonable diligence have ascertained the name and address of the person in charge of a vehicle.(7B) If a statutory declaration is provided by a person under subsection (7A), it must include the matters (if any) prescribed by the regulations.(8) When responsible person for vehicle not liable for camera recorded offence
A person who is served with a penalty notice or a court attendance notice in respect of a camera recorded offence is not guilty of that offence by operation of this section if the person:(a) complies with subsection (4) in relation to the offence, or(b) satisfies the authorised officer (in the case of a penalty notice) or the court (in the case of a court attendance notice) that he or she did not know and could not with reasonable diligence have ascertained the name and address of the person who was in charge of the vehicle at the time the offence occurred.(8A) Nominations by corporations
The Authority may approve one or more documents (approved nomination documents) for use by corporations when nominating other persons under this section as persons in charge of vehicles for which the corporations are the responsible persons.(8B) Without limiting subsection (8A), the Authority may approve documents under that subsection:(a) to be provided in printed or electronic form (or both), and(b) to be used in relation to more than one designated offence involving one or more vehicles for which a corporation is the responsible person.(8C) If a corporation that is the responsible person for a vehicle supplies an approved nomination document to an authorised officer for the purpose of subsection (3) or (4) instead of a statutory declaration, an authorised officer may, by written notice served on the corporation (a verification notice), require it to supply a statutory declaration for use in court proceedings that verifies such of the nominations contained in the approved nomination document as are specified in the verification notice.(8D) A corporation served with a verification notice must supply the required statutory declaration within the period specified in the notice (being a period of not less than 7 days after the date of service).Maximum penalty: 100 penalty units.
(9) Statutory declaration is admissible and is prima facie evidence
A statutory declaration supplied for the purposes of subsection (3), (4), (7A) or (8C), if produced in any proceedings against the person named in the declaration and in respect of the designated offence concerned, is admissible and is prima facie evidence:(a) in the case of a statutory declaration relating to a parking offence—that the person was in charge of the vehicle at all relevant times relating to the parking offence, or(b) in the case of a statutory declaration relating to a camera recorded offence—that the person was the driver of the vehicle at the time the offence occurred.(10) Statutory declaration to relate to one designated offence
A statutory declaration that relates to more than one designated offence does not constitute a statutory declaration under, or for the purposes of, subsection (3), (4) or (8C).Note. The Authority may approve a nomination document under subsection (8A) for use by a corporation instead of a statutory declaration that relates to more than one designated offence involving one or more vehicles for which the corporation is the responsible person. See subsection (8B).(10A) Average speed detected offences
The following provisions apply in relation to a penalty notice or court attendance notice for an average speed detected offence involving a heavy vehicle travelling between detection points:(a) a reference in any other provision of this section to the time of the occurrence of an offence is taken to be a reference to the period during which the heavy vehicle travelled between the detection points,(b) the actual offender for the purposes of this section is taken to be each driver of the heavy vehicle between the detection points,(c) any obligation under this section of the responsible person for the heavy vehicle to supply the name and address of the person who was in charge of the vehicle at the time the offence occurred is taken to be an obligation to provide the names and addresses of each of the persons who were in charge of the heavy vehicle between the detection points,(d) subsection (2) does not operate to prevent a penalty being imposed on or recovered from each of the drivers of the heavy vehicle between the detection points.Note. Section 43A of the Road Transport (Safety and Traffic Management) Act 1999 allows the average speed of a heavy vehicle calculated from the time taken to travel between different detection points to be used as evidence of the actual speed at which the vehicle travelled. Section 43A (2) (b) of that Act (when read with section 43A (3)) provides that if there is more than one driver of the vehicle between the detection points, each driver is taken to have driven the heavy vehicle at the average speed of the vehicle except for any particular driver who can establish any exculpatory ground prescribed by the regulations.(11) Section does not derogate from any other law
The provisions of this section are in addition to and not in derogation of any other provisions of this or any other Act.(12) Definitions
In this section:average speed detected offence means a speeding offence involving a heavy vehicle in respect of which the penalty notice or the court attendance notice indicates that the average speed of the vehicle was calculated from information recorded by approved average speed detection devices (within the meaning of the Road Transport (Safety and Traffic Management) Act 1999).
camera recorded offence means:
(a) a public transport lane offence as defined in section 57B of the Road Transport (Safety and Traffic Management) Act 1999 in respect of which the penalty notice or the court attendance notice indicates that the offence was detected by an approved traffic lane camera device (within the meaning of that Act), or(b) a traffic light offence as defined in section 57 of the Road Transport (Safety and Traffic Management) Act 1999 in respect of which the penalty notice or the court attendance notice indicates that the offence was detected by an approved camera detection device (within the meaning of that Act), or(c) a speeding offence in respect of which the penalty notice or the court attendance notice indicates that the offence was detected by an approved speed measuring device and recorded by an approved camera recording device (within the meaning of the Road Transport (Safety and Traffic Management) Act 1999), or(d) a speeding offence in respect of which:(i) the penalty notice or the court attendance notice indicates that the offence was detected by an approved speed measuring device within the meaning of the Road Transport (Safety and Traffic Management) Act 1999, and(ii) the number plate of the vehicle concerned was recorded by a police officer using photographic or video equipment approved by the Commissioner of Police for the purposes of this paragraph, or(e) an average speed detected offence, or(f) an unauthorised vehicle use offence in respect of which the penalty notice or the court attendance notice indicates that the offence was detected by an approved camera device (within the meaning of section 22C of the Road Transport (Vehicle Registration) Act 1997).court attendance notice means:
(a) in relation to proceedings for an offence commenced in the Local Court—a court attendance notice within the meaning of the Criminal Procedure Act 1986 issued in respect of the person alleged to have committed the offence, and(b) in relation to proceedings for an offence commenced in the Supreme Court in its summary jurisdiction—an application for an order under section 246 of the Criminal Procedure Act 1986 in respect of the person alleged to have committed the offence.designated offence means:
(a) a camera recorded offence, or(b) a parking offence.detection points, in relation to an average speed detected offence, has the same meaning as detection points has in section 43A of the Road Transport (Safety and Traffic Management) Act 1999.
parking offence means any offence of standing or parking a motor vehicle or trailer or of causing or permitting a motor vehicle or trailer to stand, wait or be parked in contravention of any regulation made under the Road Transport (Safety and Traffic Management) Act 1999.
relevant nomination document means:
(a) in the case of a responsible person that is a corporation served with a penalty notice in relation to a designated offence:(i) an approved nomination document under subsection (8A), or(ii) a statutory declaration, or(b) in the case of a responsible person that is a corporation served with a court attendance notice in relation to a designated offence—a statutory declaration, or(c) in the case of a responsible person for a vehicle who is a natural person—a statutory declaration.unauthorised vehicle use offence means an unauthorised vehicle use offence (within the meaning of section 22C of the Road Transport (Vehicle Registration) Act 1997), but does not include an offence where it is alleged that the offender merely caused, permitted or otherwise allowed a vehicle to be driven or used.