17. Liability of owner, etc., of vehicles for offence committed
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When an offence under this Act or any rules made thereunder is committed in relation to a vehicle, the person who at the time of the commission of the offence is the owner of the vehicle or, in the case of a deregistered vehicle, is the person who immediately prior to the deregistration was registered as the owner of the vehicle in respect of which the offence is committed shall be guilty of the offence in all respects as if he were the actual offender guilty of the offence unless the court is satisfied that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used.
vehicle
“vehicle” means a vehicle whether mechanically propelled or otherwise except a perambulator or an invalid carriage the weight of which unladen does not exceed 254 kilograms and which is specially designed and constructed and not merely adapted for the use of a person suffering from some physical defect or disability and is used solely by such person;
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 an offence, no further penalty shall be imposed or recovered from any other person in relation thereto.
Notwithstanding subsection (1), no owner of a vehicle shall, by virtue of this section, be guilty of an offence if he —
owner
“owner”, in relation to a vehicle, includes —(a)every person who is the owner or joint owner or part owner of the vehicle and any person who is the hirer or has the use of the vehicle under a hire-purchase agreement but not the lessor 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 provisions of the rules applicable to him in regard to the 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, the person to whom the general licence is issued;
within 14 days after service on him a notice alleging that he has been guilty of an offence, furnishes by a statement in writing to the Commissioner stating truthfully 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 court that he did not know and would not with reasonable diligence have ascertained such name and address.
A statement made under subsection (3) if produced in any proceedings against the person named therein in respect of the offence concerned shall be sufficient evidence that such person was in charge of the vehicle at all relevant times relating to such offence unless evidence to the contrary is adduced. [15A