(1) A person specified in section 116(2) is not taken to have committed an offence against section 115(1), (2), (3) or (4) if the waste was deposited from a vehicle and—
(a) the vehicle is a train, tram, bus, ferry, passenger vessel, passenger plane or other public transport vehicle; and
(i) the waste was deposited by a passenger of that vehicle; and
(ii) the vehicle was being used for a public purpose at the time of the offence; or
(b) the vehicle is a commercial passenger vehicle within the meaning of the Commercial Passenger Vehicle Industry Act 2017 and the waste was deposited by a passenger of the commercial passenger vehicle at the time of the offence; or
(c) the person provides a written statement in accordance with section 118.
(2) The registered owner or the authorised user of a vehicle is not taken to have committed an offence against section 115(1), (2), (3) or (4) if the registered owner's vehicle was a stolen vehicle at the time of the offence.
S. 118 inserted by No. 39/2018 s. 7 (as amended by Nos 27/2019 ss 12− 30, 3/2020 ss 42– 44, 47/2020 s. 26).