8Exceptions to s. 6(1) and (2), 9A, 9B and 9C

8. Exceptions to s. 6(1) and (2), 9A, 9B and 9C

(1) The driving or use of a vehicle in circumstances that would otherwise be contrary to the provisions of section 6(1) or (2) is permitted —

(a) where the vehicle is used or intended to be used for the conveyance of an incapacitated person and is designed for use solely for that purpose; or

(b) for purposes connected with the prevention, control, or extinguishing of fires, or for or in relation to the saving of life or the alleviation of injury or illness; or

(c) by an authorised person in the course of his duty; or

(d) by the holder of a permit relevant to the place and circumstances granted under subsection (4) or deemed to have been granted under subsection (5) in accordance with the terms of that permit; or

(e) where the vehicle is being used for the lawful purposes of a public authority.

(1a) The driving or use of or travelling as a passenger in a vehicle in circumstances that would otherwise be contrary to the provisions of section 9A, 9B or 9C is permitted for purposes connected with the prevention, control or extinguishing of fires or for or in relation to the saving of life or the alleviation of injury or illness.

(2) The driving or use of or travelling as a passenger in a vehicle in circumstances that would otherwise be contrary to section 6(1), 9A, 9B or 9C is permitted when that vehicle is being used for or in connection with primary production, the development of any mining tenement, bona fide prospecting, construction works, or for road making or road maintenance, and not for any other purpose.

(3) In any prosecution for an offence against this Act the onus of proving that a vehicle was being used for any of the purposes referred to in subsection (1) or subsection (2) lies on the person alleging that the vehicle was being so used.

(4) The Minister may, in writing, grant to any person or body a permit authorising the driving or use of or travelling as a passenger in a vehicle in circumstances that would otherwise have been contrary to section 6(1) or (2), 9A, 9B or 9C either generally or subject to such restrictions, limitations or conditions as he may determine and as are specified therein, and may by subsequent notice in writing vary or cancel any such permit.

(5) The Minister may, by notice published in the Government Gazette, declare that the provisions of section 6(1) do not apply to or in relation to the persons or classes of persons or kinds of vehicle specified therein, and thereupon the driving or use of a vehicle by such a person or the driving and use of such a vehicle in circumstances that would otherwise have been contrary to the provisions of that subsection shall be deemed to have been permitted pursuant to this subsection either generally or subject to such restrictions, limitations or conditions as are specified in that notice, and the Minister may by a subsequent notice vary or cancel any such notice.