New South Wales Consolidated Acts

ROAD TRANSPORT ACT 2013 - SECT 177

177 Requirement for responsible person to disclose driver identity

(cf Gen Act, s 173)

(1) If the driver of a motor vehicle is alleged to have committed an offence against the road transport legislation--

(a) the responsible person for the vehicle, or the person having the custody of the vehicle, must, when required to do so by an authorised officer, immediately give information (which must, if so required, be given in the form of a written statement signed by the responsible person) as to the name and home address of the driver, and

(b) any other person must, if required to do so by an authorised officer, give any information that it is in the person's power to give and that may lead to the identification of the driver.

: Maximum penalty--20 penalty units.

(2) It is a defence to a prosecution for an offence against subsection (1)(a) if the defendant proves to the court's satisfaction that the defendant did not know and could not with reasonable diligence have ascertained the driver's name and home address.

(3) A written statement--

(a) purporting to be given under subsection (1)(a) and to contain particulars of the name and home address of the driver of a motor vehicle at the time of commission of an alleged offence against the road transport legislation, and

(b) that is produced in any court in proceedings against the person named in the statement as the driver for such an offence,

is evidence without proof of signature that the person was the driver of the vehicle at the time of the alleged offence if the person does not appear before the court.