260Averments

260 Averments

260 Averments

(cf Gen Act, s 233)

(1) In proceedings for an offence against the road transport legislation, a statement or allegation in a complaint or charge made by the person bringing the proceedings that, at a specified time or during a specified period—

(a) a specified vehicle or combination was a heavy vehicle or heavy combination, or

(b) a specified vehicle or combination was of a particular class of heavy vehicle or heavy combination, or

(c) a specified person was the registered operator of a heavy vehicle, or

(d) (Repealed)

(e) a specified location was, or was part of, a road, or

(f) without limiting paragraph (e), a specified area was the subject of a declaration referred to in section 18 or was not the subject of a declaration under section 19, or both, or

(g) a specified location was subject to a specified prohibition, restriction or other requirement regarding the operation or use of vehicles or specified classes of vehicles (including, for example, a temporary restriction on load limits during wet weather),

is prima facie evidence of that matter.

(2) In a prosecution for an offence against the road transport legislation, a statement or allegation in a court attendance notice made by the person bringing the proceedings that the offence was committed in a specified place, at a specified time, on a specified date or during a specified period is prima facie evidence of that matter.

s 260: Am 2013 No 71, Sch 2.2 [27].