79Relevant North East Link Tolling Corporation or authorised person may notify enforcement agency of non-payment of toll

79 Relevant North East Link Tolling Corporation or authorised person may notify enforcement agency of non-payment of toll

(1) If the relevant North East Link Tolling Corporation or an authorised person believes on reasonable grounds that a person has committed an offence against section 69(1), the relevant North East Link Tolling Corporation or the authorised person may do any or all of the following—

(a) send a request for payment of the toll and the toll administration fee payable in respect of the use of the vehicle in the toll zone to any person who appears to be liable to pay the toll and toll administration fee;

(b) if the toll and the toll administration fee have not been paid by the time specified in the request for payment, notify the enforcement agency of that belief and request the enforcement agency—

(i) to serve an infringement notice in accordance with this Part on—

(A) the operator of the vehicle involved in the offence; or

(B) in the case of a vehicle that is attached to a trailer and the operator of the vehicle cannot be identified by a tolling device, the operator of the trailer; or

(C) the person nominated by an authorised person in a tolling nomination statement; or

(ii) to commence proceedings in respect of that offence in accordance with this Act.

(2) Nothing in subsection (1) requires the relevant North East Link Tolling Corporation or an authorised person to notify an enforcement agency of an offence against section 69(1).

(3) If the relevant North East Link Tolling Corporation or an authorised person believes, on reasonable grounds, that a vehicle that is not registered has been driven in a toll zone in contravention of this Part, the relevant North East Link Tolling Corporation may notify the enforcement agency to send a notice to the operator of the vehicle or trailer concerned of the requirement—

(a) to be registered in respect of that toll zone; or

(b) to be covered in respect of that toll zone by a tollway billing arrangement.

S. 79(4) inserted by No. 17/2022 s. 105.

(4) After a request is made to the enforcement agency under subsection (1)(b)(i), the relevant North East Link Tolling Corporation may withdraw that request if the relevant North East Link Tolling Corporation considers it appropriate to do so having regard to the circumstances of the person in respect of whom the request was made.

S. 79(5) inserted by No. 17/2022 s. 105.

(5) If the relevant North East Link Tolling Corporation withdraws a request under subsection (4), it must notify the enforcement agency of that withdrawal.

S. 79(6) inserted by No. 17/2022 s. 105.