Victorian Numbered Acts Victorian Numbered Acts(1) In section 84BE(1)(a) of the Road Safety Act 1986 —
(a) in subparagraph (ii) before "a known" insert "subject to subsection (1C),";
(b) in subparagraph (iv) after "(1A)" insert "or (1B)".
(2) After section 84BE(1A) of the Road Safety Act 1986 insert —
"(1B) A person may not make, or give to an enforcement official, an unknown user statement in relation to an offence involving a taxi-cab.
(1C) A person who is nominated in a known user statement made in relation to an offence involving a taxi-cab may not make, or give to an enforcement official, a known user statement in relation to the offence if the person is recorded in the records of the taxi-cab operator as the driver of the taxi-cab at the time of the offence.
Note
If a person is incorrectly recorded as the driver of the taxi-cab at the time of the offence, the person would need to have the records rectified before being able to make, or give to an enforcement official, a known user statement.
(1D) For the purposes of subsection (1C), the
taxi-cab operator , in relation to a taxi-cab, means—
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(a) unless paragraph (b) applies, the holder of the licence issued under the Transport (Compliance and Miscellaneous) Act 1983 under which the taxi-cab is operated; or
(b) if the right to operate the taxi-cab has been assigned to a person under section 150 of the Transport (Compliance and Miscellaneous) Act 1983 , that person while the assignment remains in force.".
(3) In section 84BE(2) of the Road Safety Act 1986 —
(a) for paragraph (a) substitute —
"(a) in the case of an individual—
(i) the individual's full name and current home address; and
(ii) either the individual's date of birth or the number of the licence or permit authorising the individual to drive; and
(iii) if the statement contains the number of a licence or permit issued by a corresponding Authority, the name of the Authority and the jurisdiction in which the licence or permit is issued; and
(iv) if the statement is given in relation to an operator onus offence involving a taxi-cab and the individual is accredited under the Transport (Compliance and Miscellaneous) Act 1983 to drive a taxi-cab, the number of the certificate of accreditation issued to the individual under that Act; and";
(b) in paragraph (b) omit "Australian Business Number or".
(4) After section 84BE(5A) of the Road Safety Act 1986 insert —
"(5B) For the purposes of subsection (5A)(b)(i), a failure to keep a record of who had possession or control of the motor vehicle or trailer, or of the motor vehicle to which the trailer was attached, at the time of the offence is not a reason that is adequate and reasonable unless the failure to do so was due to exceptional circumstances.".