59A. Presumption of vehicle owner riding or driving

Terms defined in s 2

• bicycle

  bicycle

  Defined · s 2

  “bicycle” means a vehicle that —(a)has 2 wheels held one behind the other in a frame;(b)is steered by handlebars attached to the front wheel;(c)has pedals; and(d)is built to be propelled solely by human power;

  Open s 2
• driving

  driving

  Defined · s 2

  “driving” includes a reference to riding;

  Open s 2
• mobility vehicle

  mobility vehicle

  Defined · s 2

  “mobility vehicle” means —(a)a mobility scooter;(b)a motorised wheelchair; or(c)any other motor vehicle designed to carry an individual who is unable to walk or has difficulty in walking and prescribed for the purpose of this definition;

  Open s 2
• owner

  owner

  Defined · s 2

  “owner”, in relation to a bicycle, PAB, personal mobility device or mobility vehicle, means —(a)for a registrable personal mobility device — the person who is recorded in the registrable PMD register as the registered responsible person for that device at the relevant time;(aa)for a registrable mobility vehicle — the person who is recorded in the registrable MV register as the registered responsible person for that vehicle at the relevant time;(b)for a PAB — the person who is registered as the owner of the PAB under the Road Traffic Act 1961 at the relevant time;(c)for a registrable personal mobility device the registration of which under Part 3A is cancelled, a registrable mobility vehicle the registration of which under Part 3B is cancelled or a PAB the registration of which under the Road Traffic Act 1961 is cancelled — the following person, as applicable:(i)the person who is last recorded in the registrable PMD register as the registered responsible person for that device;(ia)the person who is last recorded in the registrable MV register as the registered responsible person for that mobility vehicle;(ii)the person who is last recorded as the owner for that PAB under the Road Traffic Act 1961; and(d)for any other vehicle — the person who is —(i)a sole or joint owner of the vehicle;(ii)a person who solely, or jointly or in common with any other person, is entitled to the immediate possession of the vehicle; or(iii)for a vehicle which is the subject of a hiring agreement or hire‑purchase agreement, the person in possession or entitled to possession of the vehicle under that agreement;

  Open s 2
• PAB

  PAB

  Defined · s 2

  “power‑assisted bicycle” or “PAB” means a bicycle that —(a)is equipped with an electric motor; and(b)may be propelled by human power or by the electric motor with which it is equipped, or by both;

  Open s 2
• personal mobility device

  personal mobility device

  Defined · s 2

  “personal mobility device” or “PMD” means a wheeled vehicle that —(a)is built to transport people only (with or without carry‑on baggage); and(b)is propelled by an electric motor attached to the vehicle or by human power or both,and includes a skateboard, but does not include a bicycle, power‑assisted bicycle, motor car, mobility vehicle, non-motorised wheelchair, pram, stroller or trolley, inline skates, roller‑skates or a wheeled toy, and such other vehicle as the Minister may, by order in the Gazette, exclude from this definition;

  Open s 2
• riding

  riding

  Defined · s 2

  “ride” or “riding”, only in relation to a motor vehicle that drives itself, means —(a)cause or causing the vehicle to operate and move; or(b)initiate or initiating the operation and movement of the vehicle without the need for anyone to operate or permit the operation of systems that cause the vehicle to move;

  Open s 2