Australian Capital Territory Numbered Regulations

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ROAD TRANSPORT LEGISLATION AMENDMENT REGULATION 2010 (NO 3) (NO 28 OF 2010) - REG 22

Section 115

substitute

115     Liability insurance compulsory

    (1)     A driving instructor or heavy vehicle driver assessor commits an offence if—

        (a)     the instructor or assessor instructs or assesses a person in a motor vehicle; and

        (b)     there is not in force an insurance policy that insures the instructor or assessor against liability for at least $5 000 000, in relation to the death of, or bodily injury to, a person caused by, or arising out of the use of, the motor vehicle (whether or not on a road or road related area) for providing driver instruction or assessment.

Maximum penalty: 20 penalty units.

    (2)     To remove any doubt, it is irrelevant that an insurance policy mentioned in subsection (1) also insures the instructor or assessor against other risks.

    (3)     An offence against this section is a strict liability offence.

115A     Police officer or authorised person may require evidence of liability insurance

    (1)     A police officer or authorised person may require a driving instructor or heavy vehicle driver assessor to produce evidence that a liability insurance policy is in force for the vehicle in which the instructor or assessor conducts driver instruction or assessment.

    (2)     The driving instructor or heavy vehicle driver assessor must not fail to produce the evidence when required to do so.

Maximum penalty: 5 penalty units.

    (3)     It is a defence to an offence against subsection (2) if the driving instructor or heavy vehicle driver assessor

        (a)     has a reasonable excuse for failing to produce the evidence when required to do so; and

        (b)     within 3 days after being required to produce the evidence, produces the evidence as directed by the police officer or authorised person.

    (4)     In this section:

"liability insurance policy" means an insurance policy mentioned in section 115 (1) (b).



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