130Vehicles to be kept clear of aircraft

130 Vehicles to be kept clear of aircraft

(1) A person must not drive, stop or park a vehicle within 3 metres of an aircraft.

Penalty: 3 penalty units.

(1A) An offence against subregulation (1) is an offence of strict liability.

Note: For strict liability, see section 6.1 of the Criminal Code.

(1B) It is a defence to a prosecution under subregulation (1) that: (a) the vehicle: (i) was of a kind normally used for servicing, refuelling, loading, unloading, towing or pushing the aircraft; and (ii) was being used to do so; or (b) the vehicle was an emergency vehicle and was being used in connection with an emergency on the aircraft or in the vicinity of the aircraft.

Note: A defendant bears an evidential burden in relation to the capabilities and use of the vehicle mentioned in subregulation (1B) (see subsection 13.3(3) of the Criminal Code).

(2) A contravention of subregulation (1) is an infringement notice offence.