Australian Capital Territory Numbered Acts

ROAD TRANSPORT (MASS, DIMENSIONS AND LOADING) ACT 2009 (NO. 22 OF 2009) - SECT 189

    (1)     This section applies to a defendant for a heavy vehicle road law offence if the offence involves a deficiency in a vehicle or combination.

    (2)     The offence does not apply to the defendant if the defendant—

        (a)     is being prosecuted as a driver of the vehicle or combination; and

        (b)     did not cause or contribute to the deficiency in the vehicle or combination; and

        (c)     did not have any responsibility for, or control over, the maintenance of the vehicle or combination or its equipment at any relevant time; and

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

        (e)     could not reasonably be expected to have found out whether there was, or was likely to be, a deficiency in the vehicle or combination.

Note     The defendant has an evidential burden in relation to the matters mentioned in s (2) (see Criminal Code, s 58).