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ROAD SAFETY ACT 1986 - SECT 84BB

Definitions

In this Part—

S. 84BB
def. of authorised tolling person inserted by No. 74/2007 s. 10(a), amended by Nos 8/2019 s. 149(1), 18/2020 s. 154(1).

"authorised tolling person" means—

        (a)     a person authorised in writing under section 69B of the Melbourne City Link Act 1995 to carry out functions under Part 4 of that Act; or

        (b)     a person authorised in writing under section 197AA of the EastLink Project Act 2004 to carry out functions under Part 9 of that Act; or

        (c)     a person authorised in writing under section 20 of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 to carry out functions under Part 3 of that Act; or

        (d)     a person authorised in writing under section 57 of the North East Link Act 2020 to carry out functions under Part 4 of that Act;

S. 84BB def. of correspond-ing body amended by No. 49/2019 s. 116(Sch.  1 item 163(a)).

"corresponding body" means a body outside Victoria that has functions under a corresponding law that correspond with any of the functions of the Secretary under Division 2 of Part 2;

S. 84BB def. of correspond-ing law substituted by No. 30/2013 s. 60(Sch. item 8.16).

"corresponding law "means—

        (a)     a law of the Commonwealth or of another State or of a Territory that corresponds to Division 2 of Part 2; or

        (b)     the Heavy Vehicle National Law (Victoria) or a law of another State or of a Territory that corresponds to that law;

S. 84BB
def. of effective amended by No. 74/2007 s. 10(b).

"effective", in relation to an illegal user statement, a known user statement, a sold vehicle statement, a tolling nomination statement or an unknown user statement, means a statement that is, or is accepted by an enforcement official under section 84BE as, and has not ceased to be, an effective statement for the purposes of this Part;

"enforcement official" means—

        (a)     the informant in any proceeding commenced against the operator of a motor vehicle or trailer; or

        (b)     the issuing officer (within the meaning of the Infringements Act 2006 ) in relation to an infringement notice served on the operator of a motor vehicle or trailer; or

        (c)     the enforcement agency (within the meaning of the Infringements Act 2006 ) in relation to a penalty reminder notice served on the operator of a motor vehicle or trailer under Part   2 of that Act—

in relation to the driving, or being in charge, of the motor vehicle or trailer at the relevant time;

S. 84BB
def. of
illegal user statement amended by No. 74/2007 s. 10(c).

"illegal user statement", in relation to an offence involving a motor vehicle or trailer, means a statement in writing made by a person to the effect that the person believes that at the time of the offence the motor vehicle or trailer was a stolen motor vehicle or trailer or that the number plates displayed on the motor vehicle or trailer were stolen;

S. 84BB
def. of
known user statement amended by No. 74/2007 s. 10(d).

"known user statement", in relation to an offence involving a motor vehicle or trailer, means a statement in writing made by a person—

        (a)     to the effect that the person was not at the time of the offence driving, or had not at that time possession or control of, the motor vehicle or trailer or the motor vehicle to which the trailer was attached; and

        (b)     containing sufficient information to identify and locate the person who the person making the statement last knew to have, before the offence, possession or control of the motor vehicle or trailer or of the motor vehicle to which the trailer was attached;

    *     *     *     *     *

S. 84BB
def. of nomination rejection statement substituted by No. 74/2007 s. 10(e).

"nomination rejection statement" means a statement in writing made by a person nominated in a known user statement, a sold vehicle statement or a tolling nomination statement as being the responsible person in relation to a motor vehicle or trailer to the effect—

        (a)     if nominated in a known user statement, that the person had not had possession or control of the motor vehicle or trailer, as the case requires, before the offence, as stated in the known user statement, and did not have possession or control of it at the time of the offence; and

        (b)     if nominated in a sold vehicle statement, that the motor vehicle or trailer, as the case requires, had not been sold or disposed of to the person, and that no interest in it had otherwise vested in the person, as stated in the sold vehicle statement; and

        (c)     if nominated in a tolling nomination statement, that the person was not the responsible person in relation to the motor vehicle at the time of the tolling offence as stated in the tolling nomination statement;

S. 84BB def. of operator amended by No. 49/2019 s. 116(Sch.  1 item 163(b)).

"operator", in relation to a motor vehicle or trailer at the time of an offence, means each of the following—

        (a)     the registered operator of the motor vehicle or trailer at that time or the person recorded at that time on a register of vehicles maintained under a corresponding law as the person responsible for the motor vehicle or trailer;

        (b)     if the Secretary under the regulations, or a corresponding body under a corresponding law, has received notice of transfer of registration of the motor vehicle or trailer, the person whose name is disclosed in the records kept by the Secretary or the corresponding body (as the case requires) as being responsible for the motor vehicle or trailer at that time;

        (c)     if the motor vehicle or trailer is not registered under this Act or a corresponding law, the person whose name is disclosed in the records kept by the Secretary or the corresponding body as being responsible for the motor vehicle or trailer at that time;

        (d)     if the motor vehicle or trailer displays a number plate—

              (i)     the person who, at the time at which the registration number borne by that number plate was last assigned by the Secretary or a corresponding body, was the registered operator of, or (if assigned by a corresponding body) the person recorded on a register of vehicles maintained under the corresponding law as the person responsible for, the motor vehicle or trailer to which that registration number was assigned, whether or not that motor vehicle or trailer is the same as the motor vehicle or trailer involved in the offence; or

              (ii)     the person whose name is disclosed in the records kept by the Secretary or a corresponding body as being entitled, or last entitled, at that time to use or possess that number plate;

        (e)     if the motor vehicle or trailer displays a general identification mark by means of a special identification plate issued by the Secretary under the regulations or by a corresponding body under a corresponding law, the person to whom the mark is assigned at that time;

S. 84BB def. of responsible person amended by No. 74/2007 s. 10(f).

"responsible person", in relation to a motor vehicle or trailer at the time of an offence, means each of the following—

        (a)     the operator of the motor vehicle or trailer;

        (b)     in the case of a trailer, the operator of the motor vehicle to which the trailer was attached at that time;

        (c)     the person nominated in an effective known user statement or an effective sold vehicle statement;

        (d)     in the case of a tolling offence, without limiting paragraphs (a), (b) and (c), the person nominated in an effective tolling nomination statement;

"sold vehicle statement", in relation to an offence involving a motor vehicle or trailer, means a statement in writing made by a person—

        (a)     to the effect that—

              (i)     the person had sold or otherwise disposed of the motor vehicle or trailer before the time of the offence or that any interest in the motor vehicle or trailer had otherwise ceased to be vested in the person before that time; and

              (ii)     the person was not at that time driving, or had not at that time possession or control of, the motor vehicle or trailer or the motor vehicle to which the trailer was attached; and

        (b)     containing sufficient information to identify and locate the person to whom the motor vehicle or trailer was sold or   disposed of, or in whom an interest in the motor vehicle or trailer was otherwise vested, and the date and, if relevant, the time of the sale, disposal or vesting;

S. 84BB
def. of
tolling nomination statement inserted by No. 74/2007 s. 10(a).

"tolling nomination statement" , in relation to a tolling offence, means a statement in writing made by an authorised tolling person to the effect that the authorised tolling person believes that the person nominated in the statement is the responsible person in relation to a motor vehicle at the time of the tolling offence;

S. 84BB
def. of
tolling offence inserted by No. 74/2007 s. 10(a), amended by No. 8/2019 s. 149(2), substituted by No. 18/2020 s. 154(2).

"tolling offence" means an offence involving a motor vehicle against any of the following—

        (a)     section 73(1) of the Melbourne City Link Act 1995 ;

        (b)     section 204(1) of the EastLink Project Act 2004 ;

        (c)     section 32(1) of the West Gate Tunnel (Truck Bans and Traffic Management) Act 2019 ;

        (d)     section 69(1) of the North East Link Act 2020 ;

S. 84BB
def. of unknown user statement amended by Nos 74/2007 s. 10(g), 75/2012 s. 5, 63/2017 s. 21(Sch. 1 item 8.8).

"unknown user statement", in relation to an offence involving a motor vehicle or trailer (other than a tolling offence), means a statement in writing made by a person to the effect that the person—

        (a)     was not at the time of the offence driving, or had not at that time possession or control of, the motor vehicle or trailer or the motor vehicle to which the trailer was attached; and

        (b)     does not know and could not with reasonable diligence ascertain the identity of the person who was at that time driving or, had at that time possession or control of, the motor vehicle or trailer or the motor vehicle to which the trailer was attached.

S. 84BC inserted by No. 81/2006 s. 24.



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