81Modifications

#### 81 Modifications 81 Modifications > > (1) Transport for NSW or a police officer may serve a notice under this section on the responsible person for a vehicle to which the Act, Part 6.2 applies if Transport for NSW or the police officer has reason to believe the vehicle is capable of being driven at a speed exceeding 105 kilometres per hour. > > > (2) Transport for NSW or a police officer may serve a notice under this section on the person who, at the time of the offence or alleged offence concerned, was the responsible person for a vehicle to which the Act, Part 6.2 applies— > > > > > (a) if— > > > > > > > (i) a driver of the vehicle has been convicted of an offence arising out of a contravention of section 4 while driving the vehicle, and > > > > > > > (ii) it was found by the court that, at the time of the offence, the driver was driving the vehicle at a speed exceeding 105 kilometres per hour, or > > > > > (b) if— > > > > > > > (i) a driver of the vehicle has paid a penalty prescribed for the purposes of the Act, section 195 in relation to an alleged offence so arising, and > > > > > > > (ii) the police officer or authorised officer who issued the relevant penalty notice indicated on the notice that, at the time of the alleged offence, the driver was driving the vehicle at a speed exceeding 105 kilometres per hour, or > > > > > (c) if— > > > > > > > (i) a penalty notice enforcement order under the [Fines Act 1996](/view/html/inforce/current/act-1996-099) has been made, or is taken to have been made, against a driver of the vehicle in relation to an alleged offence so arising, and > > > > > > > (ii) the police officer or authorised officer who issued the relevant penalty notice indicated on the notice that, at the time of the alleged offence, the driver was driving the vehicle at a speed exceeding 105 kilometres per hour. > > > (3) A notice under this section may require the responsible person on whom the notice was served to— > > > > > (a) make alterations to the vehicle so the speed at which it is capable of being driven is limited, in the manner prescribed for the purposes of the Act, Part 6.2, to not more than 100 kilometres per hour, and > > > > > (b) supply information concerning the alterations made to the vehicle as the notice indicates, and > > > > > (c) have the vehicle tested to determine whether the vehicle’s speed is limited in accordance with the Act, Part 6.2, and to provide a certificate to that effect in the manner and form specified in the notice.