Section 162 of the Road Transport Act 2013 (NSW) is ‘Vehicles to be Speed Limited’ and is extracted below.
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Section 162 of the Road Transport Act 2013 is Vehicles to be Speed Limited and reads as follows:
Vehicles to be speed limited
(cf STM Act, s 69C)
(1) The responsible person for a vehicle to which this Part applies is guilty of an offence unless the vehicle is speed limiter compliant when the vehicle is being driven on a road.
Maximum penalty: 30 penalty units (in the case of an individual) and 150 penalty units (in the case of a corporation).
(2) In proceedings for an offence against this section, proof that the vehicle concerned was driven on a road at a speed of more than 115 kilometres per hour is admissible and is prima facie evidence that the vehicle was not speed limiter compliant at the time that it was travelling at that speed.
(3) It is a defence to a prosecution for an offence against this section if the defendant proves:
(a) that the vehicle was, at the time of the alleged offence, a stolen vehicle or a vehicle illegally taken or used, or
(b) that the vehicle is speed limiter compliant and that, at the time it was travelling at a speed of more than 115 kilometres per hour, the gradient of the length of road along which the vehicle was being driven at or immediately before that time, combined with the speed at which the vehicle was travelling on that length of road, caused it to be driven at more than 100 kilometres per hour despite the vehicle being speed limiter compliant.
(4) In proceedings for an offence against this section, it is no defence that the defendant had a mistaken but reasonable belief as to the facts that constituted the offence.
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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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