28Requirement for owner of vehicle and others to give information

28 Requirement for owner of vehicle and others to give information

28 Requirement for owner of vehicle and others to give information

(1) If the driver of a vehicle is alleged to have committed an offence against this Act or the regulations—

(a) the owner of the vehicle or the person having custody of the vehicle must, when required to do so by an authorised officer, immediately give information (which must, if so required, be given in the form of a written statement signed by that owner or person) as to the name and residential address of the driver, or

(b) any other person must, if required to do so by an authorised officer, give any information that it is in the person’s power to give and that may lead to the identification of the driver.

Maximum penalty—10 penalty units.

(2) It is a defence to a prosecution for an offence under subsection (1) (a) if the defendant satisfies the court that the defendant did not know and could not with reasonable diligence have ascertained the driver’s name or residential address.

(3) A written statement purporting to be given under subsection (1) (a) and to contain particulars of the name and residential address of the driver of a vehicle at the time of commission of an alleged offence against this Act or the regulations that is produced in any court in proceedings against the person named in the statement as the driver for such an offence is evidence without proof of signature that the person was the driver of the vehicle at the time of the alleged offence if the person does not appear before the court.

(4) In this section—

owner of a vehicle includes the responsible person for the vehicle within the meaning of the Road Transport Act 2013.

s 28: Am 2005 No 11, Sch 3.27 [1]; 2013 No 19, Sch 3.