24Onus of registered operator in respect of motor vehicle or trailer

24 Onus of registered operator in respect of motor vehicle or trailer

(1)  [Section 24 Subsection (1) amended by No. 50 of 2010, s. 17, Applied:21 Dec 2010] If –

(a) [Section 24 Subsection (1) amended by No. 50 of 2010, s. 17, Applied:21 Dec 2010] an offence against this Act relating to the use of a motor vehicle or trailer has been committed; and

(b) [Section 24 Subsection (1) amended by No. 50 of 2010, s. 17, Applied:21 Dec 2010] the identity of the person who committed the offence cannot be established –

the registered operator of the motor vehicle or trailer, as the case may be, is taken to have committed the offence, whether or not the registered operator was driving, or in charge of, the motor vehicle or trailer at the time of the offence unless the registered operator can establish a defence under this section.

(2)  [Section 24 Subsection (2) substituted by No. 50 of 2010, s. 17, Applied:21 Dec 2010] It is a defence in proceedings for an offence under this section if the registered operator establishes that –

(a) the offence was committed by another person; or

(b) when the offence occurred –

(i) the relevant motor vehicle or trailer was being used without the registered operator's knowledge or consent; or

(ii) a person other than the registered operator was in charge of the relevant motor vehicle or trailer; or

(iii) the registered operator had no right or interest in the relevant motor vehicle or trailer.

(3)  Subsection (2) does not exclude any other defence provided by law.