627Defence for owner or operator of vehicle if offence committed while vehicle used by unauthorised person

627 Defence for owner or operator of vehicle if offence committed while vehicle used by unauthorised person

627 Defence for owner or operator of vehicle if offence committed while vehicle used by unauthorised person

(1) This section applies in relation to an offence against this Law that may be committed by a person—

(a) in the person’s capacity as an owner or operator of a vehicle; and

(b) in relation to the use of the vehicle by someone else.

(2) Subject to subsection (3), in a proceeding for an offence mentioned in subsection (1), it is a defence for the person charged to prove that, at the relevant time, the vehicle was being used by—

(a) a person not entitled (expressly, impliedly or otherwise) to use the vehicle, other than an employee or agent of the person; or

(b) an employee of the person who was, at the relevant time, acting outside the scope of the employment; or

(c) an agent of the person who was, at the relevant time, acting outside the scope of the agency.

(3) If the offence relates to a deficiency of the vehicle, the defence under subsection (2) is not available unless the person charged also proves that—

(a) the vehicle had not, before it ceased to be under the person’s control, been driven on a road in contravention of this Law arising in connection with the deficiency; and

(b) one or more material changes, resulting in the deficiency, had been made after the vehicle had ceased to be under the person’s control.