201 Elizabeth Street
Sydney NSW 2000
575 Bourke Street
Melbourne VIC 3000
231 North Quay
Brisbane QLD 4000
1 Farrell Place
Canberra ACT 2601
111 St Georges Terrace
Perth WA 6000
Road-transport legislation can be a minefield of technical complexity, as a recent ACT case shows.
A motorist was found not guilty of not giving particulars to police about who was driving a vehicle in a case which demonstrates the need for precision in prosecutions.
The Prosecution contended that the motorist was the “responsible person” for the vehicle and so had to provide the particulars.
The legislation defines “responsible person” to include a “registered operator” of the vehicle.
Evidence from a Road Transport Authority certificate was that the motorist was a “responsible operator” of the relevant vehicle at the relevant time.
Magistrate Peter Morrison noted that “responsible operator” was an expression not seen in any of the relevant legislation.
“The certificate is not evidence that the defendant was the registered operator of the vehicle,” he ruled. “It purports to be evidence that he was the responsible operator of the vehicle. Whatever that expression might mean it is not evidence which goes to the element of the offence to be made out by the Prosecution.
“It follows that the Prosecution case fails …”
If you have a traffic matter that risks you losing your licence, you should consult a solicitor who deals only in the area. The team at Armstrong Legal deal only in criminal and traffic matters and can help you navigate the thicket of the road-transport law in the Territory.
Image Credit – Dmitry Kalinovsky © 123RF.com
Contact Armstrong Legal:
Sydney: (02) 9261 4555
Melbourne: (03) 9620 2777
Brisbane: (07) 3229 4448
Canberra: (02) 6288 1100