160A   Prescribed ground of exculpation: section 43A (3) of Act

(1)  It is a prescribed ground of exculpation for the purposes of section 43A (3) of the Act in relation to a driver of a heavy vehicle (the driver concerned) involved in a speeding offence if:

(a)  any other driver of the heavy vehicle:

(i)  has been convicted, or found guilty, of the speeding offence, or

(ii)  has paid the whole or any part of the penalty specified in a penalty notice issued to the other driver in respect of the speeding offence, or

(iii)  has not paid the penalty specified in a penalty notice issued to the other driver in respect of the speeding offence, has not elected to have the matter dealt with by a court and the time for the other driver to have the matter so dealt with has lapsed, and

(b)  the driver concerned gives the State Debt Recovery Office a statutory declaration made by the driver that states that the driver obeyed all of the speed limits that applied to the driver while he or she was the driver of the vehicle.

(2)  A reference to speed limits in subclause (1) (b) does not include an average speed limit calculated in accordance with section 43A of the Act.