54Proceedings in relation to certain offences

54 Proceedings in relation to certain offences

[Section 54 Inserted by No. 107 of 1980, s. 5 ][Section 54 Substituted by No. 86 of 1995, s. 16 ][Section 54 Subsection (1) amended by No. 86 of 1995, s. 16 ][Section 54 Subsection (3) amended by No. 86 of 1995, s. 16 ][Section 54 Subsection (4) amended by No. 86 of 1995, s. 16 ][Section 54 Amended by No. 86 of 1995, s. 16 ][Section 54 Subsection (6) amended by No. 86 of 1995, s. 16 ]**[Section 54 Subsection (8) amended by No. 86 of 1995, s. 16 ]

(1AA)  [Section 54 Subsection (1AA) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] *[Section 54 Subsection (1AA) inserted by No. 54 of 1992, s. 9 ]*This section applies to such offences under this Act or the Vehicle and Traffic Act 1999 as may be specified in the regulations.

(1)  [Section 54 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] [Section 54 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000] *[Section 54 Subsection (1) amended by No. 54 of 1992, s. 9 ]*Where an offence to which this section applies occurs in relation to a motor vehicle or trailer, the person who, at the time of the occurrence of the offence, was the registered operator of the motor vehicle or trailer, is, by virtue of this section, guilty of the offence as if he were the person driving or in charge of the motor vehicle or trailer at the time of the occurrence of the offence.

(2)  *[Section 54 Subsection (2) amended by No. 86 of 1995, s. 16 ]*It is a defence to proceedings in relation to an offence under subsection (1) for the defendant to establish that he was not driving or in charge of the motor vehicle or trailer at the time of the occurrence of the offence.

(2A)  [Section 54 Subsection (2A) inserted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008] If a person wishes to rely on a defence under subsection (2) , he or she must –

(a) lodge with the Director, MPES a notice of election to have the matter heard in court; or