Victorian Consolidated Legislation

Road Safety Act 1986 - SECT 77B

Special defence for drivers of heavy vehicles

77B. Special defence for drivers of heavy vehicles



(1) This section applies to an offence involving deficiencies concerning a
heavy vehicle if the offence is alleged to have been committed by a person as
the driver of the vehicle.

(2) It is a defence to a charge for the offence if the person establishes that
he or she (whether as driver or otherwise)-

   (a)  did not cause, or contribute to, the deficiencies and had no
        responsibility for, or control over, the maintenance of the vehicle or
        its equipment at any relevant time; and

   (b)  did not know, and could not reasonably be expected to have known, of
        the deficiencies; and



   (c)  could not reasonably be expected to have sought to ascertain whether
        there were, or were likely to be, deficiencies concerning the vehicle.