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ROAD SAFETY (GENERAL) REGULATIONS 2009 (SR NO 115 OF 2009) - REG 67

Information to be provided regarding reasonable steps defence

r. 67

    (1)     This Part applies to the following offences under the Act—

        (a)     a breach of section 174 or 175 of the Act where the vehicle is in breach of a mass limit so far as the reasonable steps defence relates to reliance on the weight stated in a container weight declaration; and

        (b)     a breach of section 184, 185 or 186 of the Act.

    (2)     An authorised officer who issues a traffic infringement notice to a person for an offence to which this Part applies must also give that person a notice which complies with subregulation (3).

    (3)     A notice under subregulation (2) must—

        (a)     state that the person may have the benefit of the reasonable steps defence if the person is charged with the offence to which the traffic infringement notice relates; and

        (b)     state that if a person intends to rely on the reasonable steps defence, the person must elect to have the matter of the traffic infringement heard and determined in a court and consequently be charged with the offence for which the traffic infringement notice was issued; and

        (c)     state that if the person pays the infringement penalty set out in the traffic infringement notice, the reasonable steps defence is not available to the person; and

        (d)     include a copy of sections 179 and 180 of the Act.

Note

Sections 179 and 180 of the Act set out the circumstances in which a person may have the benefit of the reasonable steps defence.

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