Singapore legislation
Section 83
Section 83
Liability of owner of vehicle for specified offence
(1)
When a specified offence is committed, the person who, at the time of the occurrence of the specified offence, is the owner of the motor vehicle in respect of which the specified offence is committed shall, by virtue of this section, be guilty of the specified offence in all respects as if the person were the actual offender guilty of the specified offence, unless —
in any case where that offence is dealt with under section 133, the owner satisfies the police officer or employee of the Authority mentioned in section 133(7) that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used; or
in any other case, the court is satisfied that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used.
(2)
Nothing in this section shall affect the liability of the actual offender but where a penalty has been imposed on or recovered from a person in relation to a specified offence no further penalty may be imposed on or recovered from any other person in relation thereto.
(3)
Despite subsection (1), no owner of a motor vehicle shall by virtue of this section be guilty of a specified offence if —
in any case where the offence is dealt with under section 133, the owner —
within 14 days after service on the owner of a notice under section 133 alleging that the owner has been guilty of such offence, furnishes by statutory declaration to the police officer or employee of the Authority mentioned in section 133(7) the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence concerned; or
satisfies the police officer or employee of the Authority that the owner did not know and could not with reasonable diligence have ascertained that name and address; and
in any other case the owner satisfies the court that the owner did not know and could not with reasonable diligence have ascertained that name and address.
(4)
A statutory declaration made under subsection (3) if produced in any proceedings against the person named therein and in respect of the offence concerned is prima facie evidence that the person was in charge of the vehicle at all relevant times relating to that offence.
(5)
A statutory declaration which relates to more than one specified offence is not regarded as a statutory declaration under or for the purposes of subsection (3).
(6)
In this section —
Definition
“owner”, in relation to a motor vehicle, includes —
every person who is the owner or joint owner or part owner of the vehicle and any person who has the use of the vehicle under a hire-purchase agreement but not the lessor under that agreement;
the person in whose name the vehicle is registered except where the person has sold or otherwise disposed of the vehicle and has complied with the provisions of the rules applicable to the person in regard to the sale or disposal; and
in the case of a vehicle in respect of which a general licence is issued under section 28, the person to whom the general licence is issued;
Definition
“specified offence” means any offence set out in Part 2 of the Third Schedule.