Singapore legislation

Section 70

of Town Councils Act 1988

Section 70

Liability of owners of vehicles for parking offences

(1)

When a parking offence is committed within a Town, the person who, at the time of the commission of the offence, is the owner of the vehicle in respect of which the offence is committed shall be guilty of an offence under any by-law made by the Town Council in all respects as if the person were the actual offender guilty of the parking offence unless 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 affects the liability of the actual offender except that where a penalty has been imposed on or recovered from a person in relation to any parking 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 vehicle shall by virtue of this section be guilty of an offence if the owner of the vehicle —

(a)

within 7 days after a Town Council serves on the owner of the vehicle a notice alleging that the owner has been guilty of the offence, provides by statutory declaration to the Town Council the name and address of the person who was in charge of the vehicle at all relevant times relating to the parking offence;

(b)

satisfies the Town Council that the owner did not know and could not with reasonable diligence have ascertained such name and address; or

(c)

satisfies the court that the owner did not know and could not with reasonable diligence have ascertained such name and address.

(4)

A statutory declaration made under subsection (3)(a), if produced in any proceedings against the person named therein and in respect of any parking offence, is prima facie evidence that the person was in charge of the vehicle at all relevant times relating to the parking offence.

(5)

A statutory declaration which relates to more than one parking offence is not regarded as a statutory declaration under, or for the purposes of, subsection (3)(a).

(6)

In this section —

Definition

“owner”, in relation to a vehicle, includes —

(a)

any person who has the use of the vehicle under a hire-purchase agreement but excludes the owner under any such agreement;

(b)

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 rules made under the Road Traffic Act 1961 applicable to him in regard to such sale or disposal; and

(c)

in the case of a vehicle in respect of which a general licence is issued under section 28 of the Road Traffic Act 1961, the person to whom the general licence is issued;

Definition

“parking offence” means an offence of parking a vehicle or of causing or permitting a vehicle to stand, wait or be parked in contravention of any by-law made by a Town Council.[48