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Offence to Procure Use of Motor Vehicle by Fraud

– section 69 of the Road Safety Act 1986

This charge can be laid against a person if they borrow or hire a motor vehicle by misrepresenting their situation and therefore the truth in order to do so.

The charge can also be laid against a person if they are believed to have helped a person misrepresent their situation in order to use or hire a car.
Procuring Motor Vehicle
This is the sort of charge that would be heard in the Magistrates’ Court.
 
What is the legal definition of Offence to Procure Use of Motor Vehicle by Fraud?
This offence arises when a person, either themselves or by helping another, hires or gains use of a motor vehicle by misrepresenting the truth.

Examples of the Offence to Procure Use of Motor Vehicle by Fraud
  • A person uses a driver’s license that is not their own to hire a car.
  • A person who has lost their license hires a car using false details.
  • A person uses their friend’s driver’s license as they look similar.
Legislation
The legislation for this offence can be found on section 69 of Road Safety Act 1986.

Elements of the offence
In essence to prove this charge the Police must show that the accused procured the use, or hire of a motor vehicle drove which was obtained by fraud or misrepresentation. In the alternative the Police must show that the accused aided or abetted in circumstances where the use or hire was by fraud or misrepresentation.
 
The charge maybe be defended in court through a factual dispute, the concept of beyond reasonable doubt, or because of the charge being stature barred.

Questions in cases like this
  • Did you use or hire a motor vehicle?
  • Was fraud involved?
  • In what way did you help someone use or hire a car through fraud?
You should ring us and discuss your case if you have been charged. Deciding on whether to plead guilty or not had huge consequences for you and should be made after proper discussion with a criminal lawyer.
 
The penalty for this offence is a fine of 10 penalty units (at the time of print equal to $1,611.90) or imprisonment for 2 months.