Section 59

In proceedings for an offence under Part 3 or 3A, it is not necessary for the prosecution to prove that an accused knew or had reason to believe that the path was a pedestrian‑only path, footpath or shared path, but it is a defence to the charge for the accused to prove, on a balance of probabilities, that the accused did not know, and could not reasonably have been expected to know, that the path was a pedestrian‑only path, footpath or shared path, as the case may be.