Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 3AA

Circumstances in which person is to be taken to be in charge of a motor vehicle

3AA. Circumstances in which person is to be taken to be in charge of a motor
vehicle



(1) Without limiting the circumstances in which a person is in charge of a
motor vehicle, the following persons are to be taken to be in charge of a
motor vehicle for the purposes of this Act-

   (a)  a person who is attempting to start or drive the motor vehicle;





   (b)  a person with respect to whom there are reasonable grounds for the
        belief that he or she intends to start or drive the motor vehicle;

   (c)  a commercial driving instructor while the person whom he or she is
        teaching to drive is driving or in charge of the vehicle;

   (d)  an accompanying licensed driver while the person whom he or she is
        sitting beside is driving or in charge of the vehicle.

(2) Subsection (1)(c) or (d) does not affect any liability of the person being
taught or accompanied for any offence committed by that person while driving
or being in charge of the motor vehicle.