New South Wales Consolidated Acts

ROAD TRANSPORT (GENERAL) ACT 2005 - SECT 80

80 Liability of registered operators and owners

(cf model provisions, s 150, Roads Act, s 235)

(1) This section applies to an applicable road law offence where the offence is expressed to be committed by an operator of a vehicle or combination (whether or not any other person can also commit the offence).

(2) If an offence to which this section applies is committed:

(a) with respect to a vehicle not forming part of a combination at the relevant time-the registered operator or owner of the vehicle is taken to have committed the offence and is punishable accordingly, or

(b) with respect to a whole combination or with respect to the towing vehicle of a combination-the registered operator or owner of the towing vehicle of the combination is taken to have committed the offence and is punishable accordingly, or

(c) with respect to a trailer forming part of a combination at the relevant time-the registered operator or owner of the towing vehicle and the registered operator or owner (if any) of the trailer are each taken to have committed the offence and are punishable accordingly.

(3) The registered operator or owner has the benefit of the reasonable steps defence for an offence under this section, but only if the reasonable steps defence is available to a principal offender for an offence of the kind committed by the principal offender.

(4) Subsection (2) does not apply if, during the period prescribed by the regulations and in the manner prescribed by the regulations, the registered operator or owner gives the Authority a statutory declaration containing prescribed information, including the name and address of the operator of the vehicle or combination at the time of the offence.

(5) This section does not affect the liability of the principal offender.

(6) In this section:
"owner" does not include a lessor of a vehicle or combination.