Parks and Trees Act 2005 · 2020 Revised Edition · Part 8 · Offences, Penalties and Proceedings
45. Liability of owner, etc., of vehicle for offence committed
Feedback & supportWhen an offence under this Act 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 the person 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.
Nothing in this section affects 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 may be imposed on or recovered from any other person in relation thereto.
Despite subsection (1), no owner of a vehicle shall, by virtue of this section, be guilty of an offence if the owner —
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 the person 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 1961, the person to whom the general licence is issued;
within 14 days after service on the owner of a notice alleging that the owner has been guilty of an offence, provides 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 the owner 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 is 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.