18Claiming statutory exception to liability of registered operator or owner

18 Claiming statutory exception to liability of registered operator or owner

[Section 18 Repealed by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008]

(1)  This section applies if a person served with an infringement notice wishes to claim the benefit of the exception conferred by section 30 .

(2)  Within 28 days after being served with the infringement notice, the person may provide to the authorised officer, or other person or entity, specified in the infringement notice a statutory declaration –

(a) declaring that the exception conferred by section 30(1) or, as the case may be, section 30(2) applies to the relevant infringement offence; and

(b) setting out, by reference to the terms of the paragraphs contained in that section, the factual basis for declaring that the exception applies to the relevant infringement offence.

(3)  The statutory declaration is to be treated as an application for withdrawal of the infringement notice under section 15 or 17 of the Monetary Penalties Enforcement Act 2005 .

(4)  Nothing in this section limits the operation of section 17 .