Section 153 of the Road Transport Act 2013 (NSW) is ‘Vehicle Movement Record to be Carried by Driver’ and is extracted below.
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Section 153 of the Road Transport Act 2013 is Vehicle Movement Record to be Carried by Driver and reads as follows:
Vehicle movement record to be carried by driver
(cf STM Act, s 63)
(1) An applicable motor vehicle must not be used for any journey made wholly or partly on a road or roads unless a duly completed vehicle movement record is carried, in accordance with this section, by the driver of the vehicle at all times while the vehicle is in this jurisdiction during the journey.
(2) The record that must be carried on any day is to relate to any journey or part of a journey made by the vehicle, whether in or outside this jurisdiction, during the period of 14 days immediately preceding that day.
(3) If a vehicle is used in contravention of this section, the responsible person for, and the driver of, the vehicle are each guilty of an offence and are each liable to a penalty not exceeding 50 penalty units.
(4) It is a defence to a prosecution for an offence against this section if the defendant proves to the court’s satisfaction:
(a) that the monitoring device fitted to the vehicle was of a type that stores automatic data electronically, and
(b) that the compilation of the vehicle movement record required to be carried by the driver on the date of the alleged offence would have required the production of a graphic representation of data which, on that date, was stored in the monitoring device, and
(c) that, in the circumstances of the case, the required record could not reasonably be expected to have been compiled by that date.
(5) Nothing in this section requires the carriage of a vehicle movement record relating to the use, before the commencement of this section, of any vehicle.
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At Sydney Criminal Lawyers®, we have extensive experience defending and winning some of the most complex traffic matters – so you can rest assured that you are in safe hands.
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Where issues are found, our lawyers will write to the prosecution asking to have the charges dropped on this basis – often sparing our clients the considerable time and expense associated with defended hearings.
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