Section 189 Road Transport Act 2013
Nominations by Responsible Persons

Section 189 of the Road Transport Act 2013 is Nominations by Responsible Persons and reads as follows:

Nominations by responsible persons

(cf Gen Act, s 179 (8A)-(8D))

(1) The Authority may approve one or more documents (“approved nomination documents”) for use by responsible persons when nominating other persons under this section as persons in charge of vehicles for which they are the responsible persons.

(2) Without limiting subsection (1), the Authority may approve documents under that subsection:

(a) to be provided in printed or electronic form (or both), and

(b) to be used in relation to more than one designated offence involving one or more vehicles for which a corporation is the responsible person.

(3) If a responsible person for a vehicle supplies an approved nomination document to an authorised officer for the purpose of section 185 or 186, an authorised officer may, by written notice served on the person (a “verification notice” ), require the person to supply a statutory declaration for use in court proceedings that verifies such of the nominations contained in the approved nomination document as are specified in the verification notice.

(4) A person served with a verification notice must supply the required statutory declaration within the period specified in the notice (being a period of not less than 7 days after the date of service).

The penalties

Maximum penalty: 50 penalty units (in the case of an individual) or 100 penalty units (in the case of a corporation).

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