sec.755AInformation to be stated in statutory declaration responding to type 1 vehicle related offence notice

### sec.755A Information to be stated in statutory declaration responding to type 1 vehicle related offence notice This section prescribes the information that must be included in a statutory declaration required, under a type 1 vehicle related offence notice, to be made by the owner of a motor vehicle involved in a type 1 vehicle related offence. The statutory declaration must state the name and address of the person the owner believes was driving the motor vehicle when the type 1 vehicle related offence happened. However, if the owner does not believe the owner knows who was driving the motor vehicle when the type 1 vehicle related offence happened, the statutory declaration must state all of the following information to the extent it is known by the owner— where the owner was when the type 1 vehicle related offence happened; the usual location of the vehicle when it is not being used; the name and address of each person (a potential driver ) known by the owner to have access to drive the vehicle when the type 1 vehicle related offence happened; the way each potential driver has access to drive the vehicle; A potential driver possesses a key for the vehicle and has access to where the vehicle is kept. how frequently each potential driver normally uses the vehicle and for how long each potential driver normally uses the vehicle; whether each potential driver uses the vehicle in connection with a business or for private use; whether the vehicle was reported as stolen, or otherwise being used without consent, when the type 1 vehicle related offence happened; the nature of the inquiries made by the owner to find out who was driving the vehicle when the type 1 vehicle related offence happened. Despite subsections (2) and (3) — if the owner sold the motor vehicle before the type 1 vehicle related offence happened, the statutory declaration need only state— the name and address of the person to whom the vehicle was sold; and when the vehicle was sold; or if the owner purchased the motor vehicle after the type 1 vehicle related offence happened, the statutory declaration need only state— the name and address of the person from whom the vehicle was purchased; and when the vehicle was purchased; or if the owner believes the motor vehicle was stolen when the type 1 vehicle related offence happened, the statutory declaration need only state that belief. This section applies to a nominated person in the same way as it applies to an owner. s 755A ins 2018 No. 20 s 40 amd 2021 No. 9 s 14 ; 2024 No. 24 s 57 sch 1 pt 2 (sec.755A-ssec.1) This section prescribes the information that must be included in a statutory declaration required, under a type 1 vehicle related offence notice, to be made by the owner of a motor vehicle involved in a type 1 vehicle related offence. (sec.755A-ssec.2) The statutory declaration must state the name and address of the person the owner believes was driving the motor vehicle when the type 1 vehicle related offence happened. (sec.755A-ssec.3) However, if the owner does not believe the owner knows who was driving the motor vehicle when the type 1 vehicle related offence happened, the statutory declaration must state all of the following information to the extent it is known by the owner— where the owner was when the type 1 vehicle related offence happened; the usual location of the vehicle when it is not being used; the name and address of each person (a potential driver ) known by the owner to have access to drive the vehicle when the type 1 vehicle related offence happened; the way each potential driver has access to drive the vehicle; A potential driver possesses a key for the vehicle and has access to where the vehicle is kept. how frequently each potential driver normally uses the vehicle and for how long each potential driver normally uses the vehicle; whether each potential driver uses the vehicle in connection with a business or for private use; whether the vehicle was reported as stolen, or otherwise being used without consent, when the type 1 vehicle related offence happened; the nature of the inquiries made by the owner to find out who was driving the vehicle when the type 1 vehicle related offence happened. (sec.755A-ssec.4) Despite subsections (2) and (3) — if the owner sold the motor vehicle before the type 1 vehicle related offence happened, the statutory declaration need only state— the name and address of the person to whom the vehicle was sold; and when the vehicle was sold; or if the owner purchased the motor vehicle after the type 1 vehicle related offence happened, the statutory declaration need only state— the name and address of the person from whom the vehicle was purchased; and when the vehicle was purchased; or if the owner believes the motor vehicle was stolen when the type 1 vehicle related offence happened, the statutory declaration need only state that belief. (sec.755A-ssec.5) This section applies to a nominated person in the same way as it applies to an owner. - (a) where the owner was when the type 1 vehicle related offence happened; - (b) the usual location of the vehicle when it is not being used; - (c) the name and address of each person (a potential driver ) known by the owner to have access to drive the vehicle when the type 1 vehicle related offence happened; - (d) the way each potential driver has access to drive the vehicle; Example— A potential driver possesses a key for the vehicle and has access to where the vehicle is kept. - (e) how frequently each potential driver normally uses the vehicle and for how long each potential driver normally uses the vehicle; - (f) whether each potential driver uses the vehicle in connection with a business or for private use; - (g) whether the vehicle was reported as stolen, or otherwise being used without consent, when the type 1 vehicle related offence happened; - (h) the nature of the inquiries made by the owner to find out who was driving the vehicle when the type 1 vehicle related offence happened. - (a) if the owner sold the motor vehicle before the type 1 vehicle related offence happened, the statutory declaration need only state— (i) the name and address of the person to whom the vehicle was sold; and (ii) when the vehicle was sold; or - (i) the name and address of the person to whom the vehicle was sold; and - (ii) when the vehicle was sold; or - (b) if the owner purchased the motor vehicle after the type 1 vehicle related offence happened, the statutory declaration need only state— (i) the name and address of the person from whom the vehicle was purchased; and (ii) when the vehicle was purchased; or - (i) the name and address of the person from whom the vehicle was purchased; and - (ii) when the vehicle was purchased; or - (c) if the owner believes the motor vehicle was stolen when the type 1 vehicle related offence happened, the statutory declaration need only state that belief. - (i) the name and address of the person to whom the vehicle was sold; and - (ii) when the vehicle was sold; or - (i) the name and address of the person from whom the vehicle was purchased; and - (ii) when the vehicle was purchased; or