New South Wales Consolidated Acts

MARITIME SERVICES ACT 1935 - SECT 30C

30C Liability of vehicle owner for parking offences

(1) When a parking offence occurs in relation to any vehicle the person who at the time of the occurrence of the offence is the owner of the vehicle shall, by virtue of this section, be guilty of an offence under the regulation concerned in all respects as if the owner were the actual offender guilty of the parking offence unless:

(a) in any case where such offence is dealt with under section 30D, such owner satisfies the prescribed officer under section 30D that such vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used,

(b) in any other case the court is satisfied that such 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 any person in relation to any parking offence no further penalty shall be imposed on or recovered from any other person in relation thereto.

(3) Notwithstanding anything in the foregoing provisions of this section no owner of a vehicle shall by virtue of this section be guilty of an offence if:

(a) in any case where such offence is dealt with under section 30D, the owner:

(i) within twenty-one days after service on the owner of a notice under section 30D alleging that the owner has been guilty of such offence, supplies by statutory declaration to the prescribed officer under section 30D the name and address of the person who was in charge of the vehicle at all relevant times relating to the parking offence concerned, or

(ii) satisfies such prescribed officer that the owner did not know and could not with reasonable diligence have ascertained such name and address,

(b) in any other case the owner:

(i) within twenty-one days after service on the owner of a summons in respect of such offence, supplies by statutory declaration to the informant the name and address of the person who was in charge of the vehicle at all relevant times relating to the parking offence concerned, or

(ii) 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 under subsection (3) if produced in any proceedings against the person named therein and in respect of the parking offence concerned shall be prima facie evidence that such person was in charge of the vehicle at all relevant times relating to such parking offence.

(5) A statutory declaration which relates to more than one parking offence shall not be deemed to be a statutory declaration under or for the purposes of subsection (3).

(6) In this section:
"Owner" of a vehicle includes the responsible person for the vehicle within the meaning of the Road Transport (General) Act 2005 .
"Parking offence" means any offence of standing or parking a vehicle or of causing or permitting a vehicle to stand, wait or be parked in contravention of any regulation under this Act.

(7) The provisions of this section shall be in addition to and not in derogation of any other provisions of this or any other Act.