27More than one person registered as operator of motor vehicle or trailer

27 More than one person registered as operator of motor vehicle or trailer

[Section 27 Substituted by No. 50 of 2010, s. 21, Applied:21 Dec 2010]

(1)  If 2 or more persons are, jointly, the registered operator of a motor vehicle or trailer, proceedings for a deemed offence concerning that motor vehicle or trailer may be brought against –

(a) one of those persons; or

(b) more than one of those persons jointly.

(2)  If subsection (1)(a) applies, the court may find the defendant guilty of the deemed offence if satisfied that –

(a) the offence has been committed; and

(b) the defendant has not established a statutory defence.

(3)  If subsection (1)(b) applies, the court may, whether the charge against the defendants is heard together or separately, find any defendant guilty of the deemed offence if satisfied that –

(a) the offence has been committed; and

(b) the defendant has not established a statutory defence.

(4)  If subsection (1)(b) applies and more than one defendant is found guilty of the deemed offence, the total amount of any fines imposed on the defendants is not to exceed, in aggregate, the maximum fine that could have been imposed if only one of them had been found guilty of the offence.

(5)  In this section –

deemed offence means an offence against this Act relating to the use of a motor vehicle or trailer, being an offence that, pursuant to section 24(1) , is taken to have been committed by the registered operator of the motor vehicle or trailer.