IMPOUNDING ACT 1993 - SECT 32A
Owner liable for offences concerning motor vehicles
IMPOUNDING ACT 1993 - SECT 32A
Owner liable for offences concerning motor vehicles
32A Owner liable for offences concerning motor vehicles
(1) The owner of a vehicle with respect to which an offence under section 32
is committed is, by virtue of this section, guilty of the offence as if the
person were the actual offender, unless--
(a) if the offence is dealt with by
way of penalty notice, the owner satisfies a person specified in the notice
that the vehicle was, at the relevant time, a stolen vehicle or a vehicle
illegally taken or used, or
(b) 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 affects the liability of
an actual offender in respect of the offence but, if a penalty has been
imposed on, or recovered from, any person in relation to the offence, no
further penalty can be imposed on or recovered from any other person in
relation to the offence.
(3) The owner of a vehicle is not, by virtue of this
section, guilty of the offence if, where the offence is dealt with by way of
penalty notice--
(a) within 21 days after service on the owner of the penalty
notice for the offence, the owner gives a person specified in the notice an
approved nomination notice containing the name and address of the person who
was at all relevant times in charge of the vehicle, or
(b) the owner
satisfies a person specified in the notice that the owner did not know, and
could not with reasonable diligence have ascertained, that name and address.
(4) The owner of a vehicle is not, by virtue of this section, guilty of the
offence if, in any other case--
(a) within 21 days after the service on the
owner of a court attendance notice for the offence, the owner gives the
informant an approved nomination notice containing the name and address of the
person who was at all relevant times in charge of the vehicle, or
(b) the
owner satisfies the court that the owner did not know, and could not with
reasonable diligence have ascertained, that name and address.
(4B) If the owner of a vehicle gives an approved nomination notice to a
person or an informant for the purposes of this section, the person or
informant may, by written notice served on the owner, require the owner to
supply a statutory declaration for use in court proceedings that verifies the
nomination contained in the approved nomination notice.
(5) If a statutory
declaration supplying the name and address of a person for the purposes of
this section is produced in any proceedings against the person in respect of
the offence to which the declaration relates, the declaration is evidence that
the person was, at all relevant times relating to that offence, in charge of
the vehicle involved in the offence.
(6) An approved nomination notice or a
statutory declaration that relates to more than one offence is taken not to be
an approved nomination notice or a statutory declaration supplying a name and
address for the purposes of this section.
(7) This section does not limit any
other provision of this Act, any provision of any other Act or any provision
of an instrument in force under this or any other Act.
