Section 90Part 7 — Control of Road Users
Unlawful use of vehicles
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90. (1) A person who takes and drives away a vehicle without having the consent of the owner or other lawful authority commits an offence unless that person can show, the onus being upon that person, that that person acted in the reasonable belief that the owner would, in the circumstances of the case, have given their consent if the owner had been asked and, if convicted, in addition to any other penalty ordered by the court, the particulars of the conviction shall be endorsed on that person’s driving record.
A person who or knowingly travels in or on a vehicle taken and driven in contravention of subsection (1) also commits an offence and is liable to the same penalty unless that person can show, the onus being upon that person, that that person acted in the reasonable belief that the owner would, in the circumstances of the case, have given that owner’s consent to the driver if the owner had been asked, but, even if convicted, the particulars of the conviction shall not be endorsed on that person’s driving record even if that person happens to be a licensed driver.
A constable may arrest without warrant a person that constable reasonably suspects of having committed or attempted to commit an offence under subsection (1).