Friday, Jun 02, 2006 at 11:34
Sorry about the long Cut & Paste but this may help....
From S114 of the Transport Operations (Road Use Management) Act 1995 QLD available here
START PASTE
(3) It is a defence to a camera detected offence for a person to prove that—
(a) the person was not the driver of the vehicle at the time the offence happened; and
(b) the person—
(i) has notified the commissioner or chief executive of the name and address of the person in charge of the vehicle at the time the offence happened; or
(ii) has notified the commissioner or chief executive that the person did not know and could not, with reasonable diligence, have ascertained the name and address of the person in charge of the vehicle at the time the offence happened.
(4) The person must notify the commissioner or chief executive about the matters specified in subsection (3)(b)(i), or the matters specified in subsections (3)(b)(ii) and (6), in a statutory declaration.
(5) The defence under subsection (3) is not available unless notice under subsection (3)(b)(i) or (ii) is given to the commissioner or chief executive by the person within 28 days of the first given of—
(a) written notice from the commissioner or chief executive to the person alleging a camera-detected offence; or
(b) an infringement notice under the State Penalties Enforcement Act 1999.
(6) For subsection (3)(b)(ii) a person must prove that—
(a) at the time the offence happened, the person—
(i) exercised reasonable control over the vehicle’s use; and
(ii) had in place a reasonable way of finding out the name and address of the person in charge of the vehicle at any given time having regard to—
(A) the number of drivers; and
(B) the amount and frequency of use; and
(C) whether the vehicle was driven for business or private use; and
(b) after the offence happened, the person made proper
search and enquiry to ascertain the name and address of the person in charge of the vehicle at the time the offence happened.
(7) Subsection (6) does not apply if the person is able to prove that at the time the offence happened the vehicle—
(a) was stolen or illegally taken; or
(b) had already been sold or otherwise disposed of.
END PASTE
So from what I can see, your only hiccup is subsection 6 but in your case, according to subsection 7, subsection 6 doesn't apply! :-D
Happy Days!
Hope this helps!
Scoey!
AnswerID:
176300