73Offence to drive unregistered vehicle in toll zone

73 Offence to drive unregistered vehicle in toll zone

S. 73(1) amended by Nos 4/2000 s. 5(1), 74/2007 s. 67.

(1) A person must not drive a vehicle in a toll zone unless the vehicle is registered under this Part in respect of that toll zone by the relevant corporation at that time.

(2) If during the course of a trip a person commits an offence against subsection (1), the person is guilty of only one offence against that subsection, regardless of how many toll zones the person drives in during the course of that trip.

S. 73(3) amended by Nos 4/2000 s. 5(2), 49/2004 s. 8(1).

(3) In a proceeding for an offence against subsection (1), it is a defence to the charge for the driver to prove that he or she believed on reasonable grounds, at the time the offence is alleged to have been committed, that the vehicle—

S. 73(3)(a) inserted by No. 49/2004 s. 8(1).

(a) was registered under this Part in respect of the relevant toll zone by the relevant corporation; or

S. 73(3)(b) inserted by No. 49/2004 s. 8(1), amended by No. 75/2010 s. 7(1).

(b) was covered by a tollway billing arrangement that was not suspended at the time the offence is alleged to have been committed.

S. 73(3A) inserted by No. 110/2004 s. 11(1).

(3A) In a proceeding for an offence against subsection (1), it is a defence to the charge for the driver to prove—

(a) that he or she received, or was issued, an invoice in respect of the trip that is the subject of the charge; and

(b) that the invoice was paid in full (even though it may also have related to trips other than the trip that is the subject of the charge) in any manner, and within the time, permitted by the invoice.

S. 73(3B) inserted by No. 95/2005 s. 3(2).

(3B) In subsection (3A), invoice means a request for the payment of a toll in respect of the trip and any associated toll administration fee.

S. 73(3C) inserted by No. 75/2010 s. 7(2).

(3C) A certificate purporting to be given by the tollway operator certifying that, at the time the offence is alleged to have been committed, the tollway billing arrangement was suspended, is admissible in evidence in any proceedings and, in the absence of evidence to the contrary, is proof that, at that time, the tollway billing arrangement was suspended.

S. 73(4) substituted by No. 8/2019 s. 120(1), amended by No. 18/2020 s. 137(1)(a).

(4) Despite anything to the contrary in this Act or any other Act (other than the Charter of Human Rights and Responsibilities)—

S. 73(4)(a) amended by No. 18/2020 s. 137(1)(b).