131Prescribed ground of exculpation in relation to average speed detection—the Act, s 129(2)

131 Prescribed ground of exculpation in relation to average speed detection—the Act, s 129(2)

131 Prescribed ground of exculpation in relation to average speed detection—the Act, s 129(2)

(1) It is a prescribed ground of exculpation for a driver of a vehicle (the driver concerned) involved in a speeding offence if—

(a) a different driver of the vehicle—

(i) has been convicted, or found guilty, of the speeding offence, or

(ii) has paid the whole, or a part, of the penalty specified in a penalty notice issued to the different driver in relation to the speeding offence, or

(iii) has not paid the penalty specified in a penalty notice issued to the different driver for the speeding offence, has not elected to have the matter dealt with by a court and the time for the different driver to have the matter so dealt with has lapsed, and

(b) the driver concerned gives the Commissioner of Fines Administration a statutory declaration made by the driver concerned stating they obeyed all of the speed limits that applied to them while they were the driver of the vehicle.

(2) A reference to speed limits in subsection (1)(b) does not include an average speed limit calculated in accordance with the Act, Part 5.3, Division 3.

s 131: Am 2024 No 73, Sch 2.2.