TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 170
Nomination of responsible operator
TRANSPORT OPERATIONS (ROAD USE MANAGEMENT) ACT 1995 - SECT 170
Nomination of responsible operator
170 Nomination of responsible operator
(1) If a registered operator has previously claimed the registered operator
was not the driver and has failed to notify the name and address of the driver
of a vehicle that was involved in a camera-detected offence, the chief
executive may give written notice requesting the registered operator to
nominate 1 responsible operator for each vehicle registered in the registered
operator’s name whether jointly or otherwise.
Note—
See chapter 5 , part
7 , division 2 for other provisions about camera-detected offences.
(2) If
the registered operator wants to nominate the responsible operator, the
registered operator must give written notice containing the prescribed
particulars to the chief executive within 28 days of receipt of the notice
from the chief executive.
(3) If a person does not nominate a responsible
operator within 28 days, or nominates a person who is ineligible to be a
responsible operator, the chief executive may nominate an existing registered
operator as the responsible operator.
(4) A responsible operator must be—
(a) an individual who is—
(i) 17 years or more; and
(ii) the holder of a
licence issued under a law of a State to drive a vehicle on a road; or
(b) a
corporation that is—
(i) a company registered under the Corporations Act ;
or
(ii) incorporated by or under an Act; or
(iii) incorporated for a public
purpose by an Act of this or another State or the Commonwealth; or
(c) this
or another State or the Commonwealth.
(5) Except for a nomination by the
chief executive, the nomination must be accompanied by the written consent of
the responsible operator.
(6) If a licence is not required for the normal
operation of the type of vehicle being registered and it is not designed to be
towed, the responsible operator does not have to be the holder of a licence
for the vehicle.
(7) A person must not nominate a person as a responsible
operator knowing that—
(a) the nominated person is ineligible to be a
responsible operator; or
(b) any particulars about the nominated person are
inaccurate.
Penalty—
Maximum penalty—40 penalty units.
(8) A
person who has been requested to nominate a responsible operator—
(a) may
subsequently apply for, renew or transfer the registration of a vehicle only
if a responsible operator has been nominated for the vehicle; and
(b) must
ensure there is a responsible operator during the registration of the vehicle.
(9) If for any reason there ceases to be a responsible operator for a vehicle,
the chief executive may nominate a responsible operator.
