639Liability of registered operator

639 Liability of registered operator (1) This section applies to an offence against this Law that may be committed by the operator of a heavy vehicle (whether or not any other person can also commit the offence). (2) If an offence to which this section applies is committed, the following person is taken to be the operator of the heavy vehicle and, in that capacity, is taken to have committed the offence— (a) for a heavy vehicle that is not a combination—the registered operator of the vehicle; (b) for a heavy combination or the towing vehicle in a heavy combination—the registered operator of the towing vehicle in the combination; (c) for a trailer forming part of a heavy combination—the registered operator of the towing vehicle in the combination and the registered operator (if any) of the trailer. (3) The registered operator has the same excuses and defences available to the operator of the heavy vehicle under this Law or another law. (4) Subsection (2) does not apply if the registered operator gives the Regulator an operator declaration— (a) if an infringement notice for the offence is issued to the registered operator—within 14 days after the infringement notice is issued; or (b) if the registered operator is charged with the offence— (i) if the charge is to be heard 28 days or less after the charge comes to the operator’s knowledge—as soon as practicable after the charge comes to the registered operator’s knowledge; or

(ii) if the charge is to be heard more than 28 days after the charge comes to the operator’s knowledge—as soon as practicable after the charge comes to the registered operator’s knowledge but at least 28 days before the charge is heard. (5) If the registered operator gives an operator declaration as mentioned in subsection (4)— (a) a proceeding for the offence may be started against the person named as the operator of the heavy vehicle in the operator declaration only if a copy of the operator declaration has been served on the person; and (b) in a proceeding for the offence against the person named as the operator of the heavy vehicle in the operator declaration, the operator declaration is evidence that the person was the operator of the heavy vehicle at the time of the offence; and (c) in a proceeding for the offence against the registered operator, a court must not find the registered operator guilty of the offence in the registered operator’s capacity as the operator of the heavy vehicle if it is satisfied, whether on the statements in the operator declaration or otherwise, the registered operator was not the operator of the heavy vehicle at the time of the offence. (6) To remove any doubt, it is declared that this section does not affect the liability of the registered operator in a capacity other than as the operator of the heavy vehicle. operator declaration means a statutory declaration, made by the registered operator of a vehicle that is or forms part of a heavy vehicle the subject of an offence against this Law, stating— (a) the registered operator was not the operator of the heavy vehicle at the time of the offence; and