60Duty of owner of motor vehicle to give information about driver

60 Duty of owner of motor vehicle to give information about driver

S. 60(1) amended by Nos 78/1987 s. 13, 81/2006 s. 21(1), 37/2014 s. 10(Sch. item 147.17(a)).

(1) An owner of a motor vehicle, or a relevant nominated person in relation to a motor vehicle, is guilty of an offence if, when required to do so by a police officer who is acting in the execution of duty, the person fails to give any information which it is within the power of the person to give and which may lead to the identification of any person who was the driver of the motor vehicle on any occasion or had possession or control of the motor vehicle on any occasion or fails to make all reasonable enquiries in order to obtain that information.

S. 60(1A) inserted by No. 81/2006 s. 21(2).

(1A) For the purposes of subsection (1) a relevant nominated person means a person nominated in an effective known user statement (within the meaning of Part 6AA) or sold vehicle statement (within the meaning of that Part) as being the responsible person (within the meaning of that Part) in relation to a motor vehicle at the time when the motor vehicle was involved in an offence that is an operator onus offence for the purposes of that Part.

S. 60(1B) inserted by No. 81/2006 s. 21(3), amended by No. 37/2014 s. 10(Sch. item 147.17(b)).

(1B) A police officer who is acting in the execution of duty may require any person whom the police officer believes on reasonable grounds to have had possession or control of a motor vehicle on a particular occasion to give any information which it is within the power of the person to give and which may lead to the identification of any person who was the driver of the motor vehicle on that occasion or had possession or control of the motor vehicle on that occasion.

S. 60(1C) inserted by No. 81/2006 s. 21(3).

(1C) A person who, without reasonable excuse, refuses or fails to comply with a requirement made under subsection (1B) is guilty of an offence.

S. 60(2) amended by Nos 19/1991 s. 13(1)(a)(b), 5/2016 ss 29, 36(Sch. 1 item 31), 30/2021 s. 56.

(2) A person guilty of an offence under this section is liable—

S. 60(2)(a) amended by No. 37/2014 s. 10(Sch. item 147.17(c)).

(a) if the requirement is made by a police officer who is investigating an accident involving a motor vehicle that resulted in a person being killed or suffering serious injury—to a penalty of not more than 20 penalty units or to imprisonment for a term of not more than 4 months or to both;

S. 60(2)(b) amended by No. 28/2009 s. 14.

(b) in any other case—to a penalty of not more than 20 penalty units or to imprisonment for a term of not more than 2 months or to both—