From: Sylvia Else on
On 5/05/2010 8:04 PM, Noodle wrote:
> Can Sylvia Else&/or others assist with this...
>
> In his eagerness to get re-elected in NSW Parliament, NSW Roads
> Minister David Campbell has just announced that new data-matching will
> occur for Unregistered vehicles:
>
> http://www.rta.nsw.gov.au/newsevents/downloads/minister_releases/100427_unauthorised_driving.pdf
>
> and
>
> http://au.news.yahoo.com/a/-/latest/7112782/cameras-to-catch-unregistered-drivers/
>
> But how will this actually work, in practice?
>
> If my car becomes Unregistered, and then I lodge a "Notice Of
> Disposal" with the RTA, I no longer liable for anything to do with the
> vehicle.

Your liability depends on whether you have actually disposed of the
vehicle, not on whether you sent the notice. If the RTA form the view,
rightly or wrongly, that you haven't actually disposed of the vehicle,
then they'll send the fine to you.

>
> So, who will they actually send the Unregistered fine to?

When you dispose of a vehicle, you have to provide the name and address
of the person who has acquired the vehicle, so presumably they'd send
the fine there.

As an aside, at the moment, I cannot find the provision that allows
fines inrespect of use of non-registered vehicles to be issued when the
use was detected by a camera - it does not appear to be an operator onus
offence.

Sylvia.


From: Epsilon on
Sylvia Else wrote:
>
>
> As an aside, at the moment, I cannot find the provision that allows
> fines in respect of use of non-registered vehicles to be issued when
> the use was detected by a camera - it does not appear to be an
> operator onus offence.

The current legislation doesn't deal with the issue, so some changes will
have to be made.

But it seems a straight-forward development.

From: Sylvia Else on
On 6/05/2010 1:00 PM, Epsilon wrote:
> Sylvia Else wrote:
>>
>>
>> As an aside, at the moment, I cannot find the provision that allows
>> fines in respect of use of non-registered vehicles to be issued when
>> the use was detected by a camera - it does not appear to be an
>> operator onus offence.
>
> The current legislation doesn't deal with the issue, so some changes
> will have to be made.
>
> But it seems a straight-forward development.

Provided there's regulatory attention. It's always more fun when there
isn't and someone contests it in court.

Sylvia.


From: Sylvia Else on
On 6/05/2010 1:06 PM, Sylvia Else wrote:
> On 6/05/2010 1:00 PM, Epsilon wrote:
>> Sylvia Else wrote:
>>>
>>>
>>> As an aside, at the moment, I cannot find the provision that allows
>>> fines in respect of use of non-registered vehicles to be issued when
>>> the use was detected by a camera - it does not appear to be an
>>> operator onus offence.
>>
>> The current legislation doesn't deal with the issue, so some changes
>> will have to be made.
>>
>> But it seems a straight-forward development.
>
> Provided there's regulatory attention. It's always more fun when there
> isn't and someone contests it in court.
>
> Sylvia.
>
>

However, the required attention has been paid:

<http://www.parliament.nsw.gov.au/prod/parlment/nswbills.nsf/131a07fa4b8a041cca256e610012de17/7216cb2ec59f04c8ca2576e90021aeb5/$FILE/b2009-133-d11-House.pdf>

Sylvia.
From: Epsilon on
Sylvia Else wrote:
> On 6/05/2010 1:00 PM, Epsilon wrote:
>> Sylvia Else wrote:
>>>
>>>
>>> As an aside, at the moment, I cannot find the provision that allows
>>> fines in respect of use of non-registered vehicles to be issued when
>>> the use was detected by a camera - it does not appear to be an
>>> operator onus offence.
>>
>> The current legislation doesn't deal with the issue, so some changes
>> will have to be made.
>>
>> But it seems a straight-forward development.
>
> Provided there's regulatory attention. It's always more fun when there
> isn't and someone contests it in court.

Sure. But the necessary changes aren't particularly complicated.