National Transport Commission (Model Act on Heavy Vehicle Speeding Compliance) Regulations 2008
13. Objective reasonableness test to be 13. Objective reasonableness test to be used in determining causation
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13. Objective reasonableness test to be used in determining causation
(1) In this section:
duty holder means a person on whom a duty is imposed by Part 2 to take reasonable steps to ensure that a thing will not cause a speeding offence;
speeding offence means an occurrence in which the driver of a vehicle drives the vehicle in excess of any speed limit that applies to the vehicle.
(2) This section applies if an act of, or a failure to act by, a duty holder causes a speeding offence to occur. (3) If it is likely that a reasonable person would have foreseen that the act, or failure to act, would be reasonably likely to cause the occurrence of the speeding offence, for the purposes of this Act there is created a rebuttable presumption that the duty holder caused the occurrence of the speeding offence.