158Requirement for owner of motor vehicle and others to give information

#### 158 Requirement for owner of motor vehicle and others to give information 158 Requirement for owner of motor vehicle and others to give information > > (1) Where the driver of a motor vehicle is alleged to be guilty of an offence against this Act or the regulations, the Secretary or any other officer of the Service, or any person duly authorised by the Minister in that behalf, may— > > > > > (a) require the owner of the vehicle, or the person in whose name it is registered, or the person having the custody of the vehicle, to give forthwith information (which shall, if so required, be given in the form of a statement in writing, signed by that owner or person) as to the name and residential address of the driver, or > > > > > (b) require any other person to give any information which it is in that other person’s power to give and which may lead to the identification of the driver. > > > (2) A person shall not— > > > > > (a) fail or refuse to comply with a requirement under subsection (1), or > > > > > (b) in purported compliance with such a requirement, give any information that is false or misleading in a material particular. > > > > Penalty: 10 penalty units. > > > (3) In a prosecution for an offence in respect of a failure or refusal to comply with a requirement under subsection (1) (a), it is a defence if the defendant proves to the satisfaction of the court that the defendant did not know and could not with reasonable diligence have ascertained the name or residential address of the driver concerned or both, as the case may require. > > > (4) Where a statement in writing purporting to be furnished under subsection (1) (a) and to contain particulars of the name and residential address of the driver of a motor vehicle at the time of commission of an alleged offence against this Act or the regulations is produced in any court in proceedings against the person named therein as the driver for the offence, the statement shall, if that person does not appear before the court, be evidence without proof of signature that the person was the driver of the vehicle at that time. > > **s 158:** Am 1983 No 183, Schs 2 (18), 4 (8); 1986 No 218, Sch 28, Part 1 (8); 1992 No 34, Sch 1; 1999 No 85, Sch 1.20 \[5\].