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Duty of Owner of Motor Vehicle to Give Information About Driver

Driving – Other Traffic Offences – VIC

Welcome to the VIC Duty of owner of motor vehicle to give information about driver article page. Everything you need to know about Duty of owner of motor vehicle to give information about driver according to VIC law.

What the Law States according to VIC Law for Duty of owner of motor vehicle to give information about driver

According to VIC Law for the charge of Duty of owner of motor vehicle to give information about driver:

1) An owner of a motor vehicle, or a relevant nominated person in relation to a motor vehicle, is guilty of an offence if, when required to do so by a member of the police force who is acting in the execution of duty, the person
fails to give any information which it is within the power of the person to give and which may lead to the identification of any person who was the driver of the motor vehicle on any occasion or had possession or control of the motor
vehicle on any occasion or fails to make all reasonable enquiries in order to obtain that information.

(1A) For the purposes of subsection (1) a relevant nominated person means a person nominated in an effective known user statement (within the meaning of Part 6AA) or sold vehicle statement (within the meaning of that Part) as being
the responsible person (within the meaning of that Part) in relation to a motor vehicle at the time when the motor vehicle was involved in an offence that is an operator onus offence for the purposes of that Part.

(1B) A member of the police force who is acting in the execution of duty may require any person whom the member believes on reasonable grounds to have had possession or control of a motor vehicle on a particular occasion to give any information which it is within the power of the person to give and which may lead to the identification of any person who was the driver of the motor vehicle on that occasion or had possession or control of the motor vehicle on
that occasion.

(1C) A person who, without reasonable excuse, refuses or fails to comply with a requirement made under subsection (1B) is guilty of an offence.

(2) A person guilty of an offence under this section is liable-

(a) if the requirement is made by a member of the police force who is investigating an accident involving a motor vehicle that resulted in a person being killed or suffering serious injury-to a penalty of not more than 20 penalty units or to imprisonment for a term of not more than 4 months or to both;

(b) in any other case-to a penalty of not more than 20 penalty units or to imprisonment for a term of not more than 2 months or to both-

and on conviction the court must cancel all driver licences and permits held by that person and, whether or not that person holds a driver licence, disqualify him or her from obtaining one for, in the case of a first offence, at least 2 years and, in the case of a subsequent offence, at least 4 years.

(3) For the purposes of this section owner means-

(a) the owner or the person in whose name the motor vehicle was registered at the time when the vehicle was being driven by the person about whom the information is sought or at the time when the requirement is made; or

(b) any person who had possession or control of the vehicle at either of those times; or

(c) if the motor vehicle displayed a number plate at either of those times-

(i) the person who, at the time at which the registration number borne by that number plate was last assigned by the Corporation or the corresponding body under a corresponding Act, was the person in whose name the motor vehicle, to which that registration number was assigned, was registered under this Act or a corresponding Act of the Commonwealth or of another State or Territory of the Commonwealth, whether or not that motor vehicle is the same as the motor vehicle about which information is sought; or

(ii) the person whose name is disclosed in the records kept by the Corporation or the corresponding body under a corresponding Act as being entitled, or last entitled, to use or possess that number plate at the time when the vehicle was being driven by the person about whom the information is sought or at the time when the requirement is made.

(4) A requirement under this section may be made orally or in writing.

(5) A written requirement may be sent by post addressed to the person to whom it is made at the person’s home address or at an authorised address (within the meaning of section 163A of the Infringements Act 2006).

(6) A written requirement sent by post to a person at an authorised address (within the meaning of section 163A of the Infringements Act 2006) and returned undelivered to its sender is deemed to be served 14 days after the
date specified in the requirement as the date of the requirement, despite it being returned to its sender as undelivered.

(7) Subsection (6) has effect despite anything to the contrary in section 49(1) of the Interpretation of Legislation Act 1984.

The Maximum Penalty – Duty of owner of motor vehicle to give information about driver

According to VIC Law for the charge of Duty of owner of motor vehicle to give information about driver:

1. When police are investingating an accident that resulted in the death of a person, the failure of a person to whom police believes on reasonable grounds to have had possession or to be in control of a motor vehicle on a previous occasion, or to give the police information concerning the person who was in possession or control of said motor vehicle: 20 pentalty units or 4 months imprisonment. License disqualificaiton: 2 years first offence, 4 years for a subsequent offence.

2. Where the accident did not result in death to a person: 20 penalty units, or 2 months imprisonment. License disqualification: 2 years first offence, 4 years for subsequent offence.

What the Police must prove according to VIC Law for Duty of owner of motor vehicle to give information about driver

1. That the police officer was acting in the execution of his/her duty;

2. That the request for information was as per a belief on reasonable grounds that the driver/nominated person had possession or control of the subject motor vehicle, or had information within their knowledge relating to said motor vehicle.

Possible Defences under VIC Law – Duty of owner of motor vehicle to give information about driver

1. Factual dispute
2. Inquiry not within scope of execution of duty

In VIC which court will hear the matter – Duty of owner of motor vehicle to give information about driver

Offences under s. 60 are summary, so the Magistrates’ Court will hear this offence.

Street Names

Fail to give police information about accident

 

Date: 09/01/2009

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