243Failure to comply with production notice

#### 243 Failure to comply with production notice 243 Failure to comply with production notice (cf Gen Act, s 218E) > > (1) A driver who is a registered operator of a motor vehicle is guilty of an offence if— > > > > > (a) the driver is given a motor vehicle production notice in relation to the motor vehicle, and > > > > > (b) without reasonable excuse, the driver fails to move the motor vehicle to or produce it at, or cause it to be moved to or produced at, the place, on the date and within the time period, specified in the notice. > > > > Maximum penalty—30 penalty units. > > > (2) A driver who is a registered operator of a motor vehicle is guilty of an offence if— > > > > > (a) the driver is given a number-plate production notice in relation to number-plates affixed to the vehicle, and > > > > > (b) without reasonable excuse, the driver fails to remove or cause to be removed the number-plates and produce or cause them to be produced at the place, on the date and within the time period, specified in the notice. > > > > Maximum penalty—30 penalty units. > > > (3) Transport for NSW may suspend the registration of a registrable vehicle for a period not exceeding 3 months if the registered operator of the vehicle— > > > > > (a) is found guilty of an offence against this section, or > > > > > (b) pays the whole or part of the amount specified in a penalty notice issued in respect of an offence against this section, or in any process subsequent to such a penalty notice, as the amount that is payable in order to dispose of the alleged offence without having it dealt with by a court, or > > > > > (c) has not paid the amount so specified, has not elected to have the matter dealt with by a court and the time for electing to have the matter so dealt with has elapsed. > > > > Note. > > > > Under this section, Transport for NSW may suspend the registration of a vehicle even if the court does not proceed to conviction after finding the driver or registered operator guilty and makes an order under section 10 of the [Crimes (Sentencing Procedure) Act 1999](/view/html/inforce/current/act-1999-092). > > > (4) Any suspension under subsection (3) is in addition to any penalty imposed by a court or prescribed by the statutory rules under section 195 for the offence. > > > (5) A motor vehicle used by an offending operator who has committed a second or subsequent offence against this section is, by the finding of guilt by the court, forfeited to the Crown unless already forfeited under section 245 or the court otherwise directs under section 246 (Commutation of forfeiture). > > > > Note. > > > > A forfeited motor vehicle may be crash tested—see section 252(6).