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The Laws of Fiji
Last Updated: 16 October 2023

[LAT 85A] Owner onus for offences by photographic detection devices85A 

85A
(1) If a prescribed offence under this Act or under any subsidiary law made under the Act is committed and the offence is detected by a photographic detection device, a person shall be deemed to have committed the offence if that person is the owner of the motor vehicle that was involved in the commission of the offence at the time the offence was committed.
(2) Pursuant to subsection (1), it shall be a defence for an owner of a motor vehicle if that owner proves that—
  • (a)he or she was not the driver of the motor vehicle at the time the offence was committed;
  • (b)the motor vehicle was stolen;
  • (c)the motor vehicle was being driven without the consent of the owner of that motor vehicle;
  • (d)the motor vehicle has been de-registered; or
  • (e)the motor vehicle has lawfully changed ownership or possession.
(3) The defence under subsection (2) shall not be available to the owner of a motor vehicle unless the Authority is notified within 12 months from the date a Traffic Infringement Notice was issued thereof.

[subs (3) am Act 11 of 2017 s 4, effective 7 April 2017]

(4) If the actual offender is not the owner of the motor vehicle, the actual offender and the owner of the motor vehicle shall not both be punished for the offence committed.
(5) The notice given to the Authority under subsection (3) purporting to have been given for a body corporate by a director, manager or secretary of the body corporate shall be deemed to have been given by the body corporate.
(6) In this section, unless the context otherwise requires—
owner

means—

  • (a)subject to paragraph (b) and if the motor vehicle is registered, the person registered as the owner of the motor vehicle;
  • (b)if a registered motor vehicle is sold or otherwise disposed of by the person registered as the owner of the motor vehicle and he or she has given notice thereof to the Authority, the purchaser; or
  • (c)if a trade plate is placed on the motor vehicle under the authority of a trader identification permit, the person to whom the plate was issued.

[s 85A insrt Decree 8 of 2013 s 3, effective 12 February 2013]