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  • Writer's pictureGeoff Harrison

Not Disclose Identity of Driver

Updated: Nov 3, 2023


Best Barrister, Best Lawyer, Best Solicitor, Best Criminal Barrister, criminal lawyer, criminal solicitor, crimial barrister, not disclose identity of driver, s177 Road Transport Act

Published by Geoff Harrison | 5 October 2023


If an allegation is made that a driver has committed an offence against the 'road transport legislation' (as defined), the driver or person responsible for the vehicle must immediately when required to do so by an authorised officer, give information as to the name and home address of the driver at the relevant time of the allegation. A direction can also be given to any other person to give information that may lead to the identification of the driver, that is within that person's power to give. Failure to identify or not disclose the identity of the driver carries a maximum penalty of 20 pnetly units ($2,200).


The defence to this charge is 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.


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Extracted Legislation:


ROAD TRANSPORT ACT 2013 - SECT 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.

s

(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.


....

6 MEANING OF "ROAD TRANSPORT LEGISLATION"


(cf Gen Act, s 5)


(1) In this Act,

"road transport legislation" means the following--

(a) this Act and the statutory rules,

(c) the Motor Vehicles Taxation Act 1988 and the regulations under that Act,

(d) any other Act or statutory rule made under any other Act (or any provision of such an Act or statutory rule) that is prescribed by the statutory rules.

(2) Statutory rules referred to in subsection (1)(d) prescribing an Act or statutory rule made under another Act (or provision of such an Act or statutory rule) cannot be made without the concurrence of the Minister administering the Act or statutory rule concerned.

(3) A provision of this Act relating to the road transport legislation does not apply to the road transport legislation if that legislation provides otherwise either expressly or by necessary intendment.


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