81Proceedings in relation to motor vehicle offences

### 81 Proceedings in relation to motor vehicle offences > > (1)  Unless the registered operator of a motor vehicle used in relation to a prescribed offence establishes a defence under this section, the registered operator is guilty of the offence whether or not the registered operator was driving, or in charge of, the motor vehicle at the time of the offence. > > > (2)  It is a defence to proceedings in relation to a prescribed offence for the defendant to establish that he or she was not driving, or in charge of, the motor vehicle at the time of the occurrence of the offence. > > > (3)  A person is not entitled to rely on a defence under [subsection (2)](#GS81@Gs2@EN) unless, within 21 days of being served with a complaint and summons relating to the offence, the person gives to the clerk of the court specified in the summons – > > > > > > (a) written notice of the intention to rely on that defence; and > > > > > > > (b) a statutory declaration stating that at the time of the occurrence of the offence – > > > > > > > > > > (i) the motor vehicle was being driven without the person’s knowledge or consent; or > > > > > > > > > > > (ii) the motor vehicle was in the charge of another person and stating the name of that other person; or > > > > > > > > > > > (iii) the first-mentioned person had no right or interest in the motor vehicle. > > > (4)  Proceedings must not be heard in relation to a prescribed offence unless the defendant referred to in the complaint and summons was, at the time of being served with the complaint and summons, notified in writing of the provisions of this section. > > > (5)  A complaint and summons to which this section relates is to contain an address at which a notice under [subsection (3)](#GS81@Gs3@EN) may be lodged. > > > (6)  A statutory declaration under [subsection (3)(b)](#GS81@Gs3@Hpb@EN) naming a person as being in charge of the motor vehicle is evidence in any proceedings for a prescribed offence that that person was at all relevant times relating to that offence in charge of the motor vehicle. > > > (7)  [Subsections (1)](#GS81@Gs1@EN) , [(2)](#GS81@Gs2@EN) , [(3)](#GS81@Gs3@EN) , [(4)](#GS81@Gs4@EN) , [(5)](#GS81@Gs5@EN) and [(6)](#GS81@Gs6@EN) do not apply if a vehicle infringement notice is served by handing the notice to a person observed to be driving, or in charge of, the motor vehicle at the time of, or immediately following, the alleged commission of the offence. > > > (8)  If a penalty has been imposed on, or recovered from, any person in relation to a prescribed offence, a further penalty must not be imposed on, or recovered from, any other person in relation to the offence.