42BARequirement for owner of vehicle and others to give information

42BA Requirement for owner of vehicle and others to give information

42BA Requirement for owner of vehicle and others to give information

(1) If a driver of a vehicle is alleged to have committed an offence against this Act or the regulations, an authorised officer may require—

(a) the owner of the vehicle or another person having custody of the vehicle to immediately give the officer information about the name and residential address of the driver, or

(b) another person to give the officer information that—

(i) is in the person’s power to give, and

(ii) may lead to the identification of the driver.

(2) A requirement under subsection (1)(a) may require the owner or other person to give the information in a written statement signed by the owner or person.

(3) A person of whom a requirement is made under subsection (1)(a) or (b) must, unless the person has a reasonable excuse, comply with the requirement.

Maximum penalty—10 penalty units.

(4) It is a defence to a prosecution for an offence against subsection (1)(a) if the defendant satisfies the court the defendant did not know, and could not with reasonable diligence have ascertained, the driver’s name or residential address.

(5) If a written statement purporting to be given under subsection (1)(a) and to contain the name and residential address of the driver of a vehicle at the time of the commission of an alleged offence against this Act or the regulations is produced in a court in proceedings against the person named in the statement as the driver for the offence, the statement is evidence, without proof of signature, that the person was the driver of the vehicle at the time of the alleged offence if the person does not appear before the court.

s 42BA: Ins 2022 No 9, Sch 5.5[10].