National Transport Commission (Road Transport Legislation – Compliance and Enforcement Bill) Regulations 2006
159Special defence for drivers
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159 Special defence for drivers
(1) This section applies to a road law offence involving deficiencies concerning a vehicle or combination. (2) It is a defence to a charge for an offence to which this section applies alleged to have been committed by a person as driver of the vehicle or combination if the person establishes that the person (whether as driver or otherwise): (a) did not cause or contribute to the deficiencies concerning the vehicle or combination and had no responsibility for or control over the maintenance of the vehicle or combination or its equipment at any relevant time; and (b) did not know and could not reasonably be expected to have known of the deficiencies; and (c) could not reasonably be expected to have sought to ascertain whether there were or were likely to be deficiencies concerning the vehicle or combination.