Section 60
It is an offence pursuant to the Road Safety Act 1986 (RSA) section 60 for the owner of a motor vehicle or a relevant nominated person in relation to a motor vehicle, when required to do so by police acting in the execution of duty, to fail to give any information which it is within the power of the person to give and which may lead to the identification of any person who was the driver of the motor vehicle on any occasion or had possession or control of the motor vehicle on any occasion.
Requirement to give information pursuant to s60(1B) of the Road Safety Act 1986
Section(1B) of the Road Safety Act 1986 states that a police officer who is acting in the execution of duty may require any person whom the police officer believes on reasonable grounds to have had possession or control of a motor vehicle on a particular occasion to give any information which it is within the power of the person to give and which may lead to the identification of any person who was the driver of the motor vehicle on that occasion or had possession or control of the motor vehicle on that occasion.
I have been served with a Section 60 notice, what happens next?
Once you are served a s 60 notice, you must make all reasonable enquires to ascertain and identify who was driving the vehicle.
A person who, without reasonable excuse, refuses or fails to comply with the requirement above is guilty of an offence and in your case, a penalty of not more than 20 units or a term of imprisonment for a term of not more than 2 months or to both —
Additionally, on conviction, or a finding of guilt, the court may cancel all driver licenses and learner permits held by that person and disqualify that person from obtaining a driver’s license for a period of time that the court specifies.
The Withdrawal of the s 60 notice
If you are found to have made reasonable enquiries, then all criminal/driving charges will be withdrawn and the matter will be finalised.
However, if you are found to not have complied with the s 60 notice, your charges will comprise of:
- One count of failing to make reasonable enquiries pursuant to s 60 of the Road Safety Act 1986.
AND
- Any of the offences which Victoria Police allege to have occurred in relation to your motor vehicle
It is important to engage with a lawyer who can correspond on your behalf with Victoria Police to show that you have made reasonable enquiries which may lead to the identification of any person who was the driver of your motor vehicle.
At Jay & Co, we are experienced in dealing with Traffic Law matters with a history of obtaining great results for clients who are dealing with section 60 notices; do not hesitate to contact us if you require legal assistance.
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