ROAD TRAFFIC (ADMINISTRATION) ACT 2008 - SECT 6

ROAD TRAFFIC (ADMINISTRATION) ACT 2008 - SECT 6

6 .         Person responsible for vehicle

        (1)         In this section —

        licence holder , in relation to a vehicle, means a person in whose name the vehicle is licensed;

        licensed , in relation to a vehicle, means licensed under the Road Traffic (Vehicles) Act 2012 , registered under the Control of Vehicles (Off-road Areas) Act 1978 or licensed or registered under a law of another jurisdiction corresponding to either of those Acts.

        (2)         For the purposes of a road law a person responsible for a vehicle is —

            (a)         if the vehicle is licensed — any licence holder who has not given a notice as described in paragraph (b); or

            (b)         if a licence holder has given notice under the Road Traffic (Vehicles) Act 2012 section 10(1), or a law of another jurisdiction corresponding to that provision, of a change in ownership of the vehicle and subsection (3) does not apply — the new owner as specified in the notice or, if more than one is specified, each of them; or

            (c)         if the vehicle is not licensed but was previously licensed and subsection (3) does not apply — a person responsible under paragraph (a) or (b) before the vehicle last ceased to be licensed; or

            (d)         in any other case —

                  (i)         the person who is entitled to the immediate possession of the vehicle; or

                  (ii)         if there are several persons entitled to its immediate possession, the person whose entitlement is paramount.

        (3)         Despite subsection (2), a person is not responsible for a vehicle under subsection (2)(b), if it can be shown that the person did not agree to becoming an owner of the vehicle and has notified the CEO in writing accordingly or has given a notice to a similar effect to another Australian driver licensing authority.

        [Section 6 amended: No. 8 of 2012 s. 232.]