Div 3AProvisions relating to breaches of light vehicle standards or maintenance requirements

Division 3A—Provisions relating to breaches of light vehicle standards or maintenance requirements 116—Meaning of breach of light vehicle standards or maintenance requirement (1) For the purposes of this Act, there is a breach of a light vehicle standards or maintenance requirement if— (a) a light vehicle is driven on a road; and (b) the vehicle— (i) does not comply with a requirement of the light vehicle standards; or (ii) has not been maintained in a safe condition; or (iii) has not been maintained with an emission control system fitted to it of each kind that was fitted to it when it was built and in a condition that ensures that each emission control system fitted to it continues operating essentially in accordance with the system's original design; or (iiia) is an ultra high powered vehicle and a mechanical fault or system error has resulted in an automated intervention system of the vehicle being disabled; or (iv) does not comply with the requirements of section 162A. (2) For the purposes of this section, a light vehicle is not maintained in a safe condition if driving the vehicle would endanger the person driving the vehicle, anyone else in or on the vehicle or a vehicle attached to it or other road users. (3) This section does not apply to vehicles excluded by the light vehicle standards from the application of those standards. (4) In subsection (1)(b) ultra high powered vehicle, automated intervention system and disabled all have the same meanings as in section 44C. 117—Liability of driver (a) there is a breach of a light vehicle standards or maintenance requirement; and (b) the person is the driver of the light vehicle concerned. (2) It is a defence to a charge for an offence against this section if the person charged establishes that the person— (a) did not cause or contribute to the condition of the vehicle and had no responsibility for or control over the maintenance of the vehicle at any relevant time; and (b) did not know and could not reasonably be expected to have known of the condition of the vehicle; and (c) could not reasonably be expected to have sought to ascertain whether there were or were likely to be deficiencies in the vehicle. 118—Liability of operator (a) there is a breach of a light vehicle standards or maintenance requirement; and (b) the person is the operator of the light vehicle concerned. (2) It is a defence to a charge for an offence against this section if the person charged establishes that the vehicle was being used at the relevant time by— (a) another person not entitled (whether by express or implied authority or otherwise) to use it, other than an employee or agent of the person; or (b) by an employee of the person who was acting at the relevant time outside the scope of the employment; or (c) by an agent of the person who was acting at the relevant time outside the scope of the agency.