New South Wales Consolidated Acts

ROYAL BOTANIC GARDENS AND DOMAIN TRUST ACT 1980 - SECT 22A

22A Liability of vehicle owner for parking offences

(1) If a parking offence occurs in relation to any vehicle, the person who at the time of the commission of the offence was the owner of the vehicle is, by virtue of this section, guilty of an offence against the regulation concerned as if the person were the actual offender guilty of the parking offence, unless:

(a) in any case where the offence is dealt with under section 22B, the person satisfies an officer described in the notice served under that section that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used, or

(b) in any case where the offence is dealt with by a court, the court is satisfied that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used, or

(c) the person is exonerated under subsection (2) or (3).

(2) An owner of a vehicle is not, by virtue of this section, guilty of an offence if, in any case where the offence is dealt with under section 22B, the person:

(a) within 21 days after service on the person of a notice under that section alleging that the person is guilty of the offence, supplies by statutory declaration to a prescribed officer described in the notice the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence, or

(b) satisfies that prescribed officer that the person did not know and could not with reasonable diligence have ascertained that name and address.

(3) An owner of a vehicle is not, by virtue of this section, guilty of an offence if, in any case where the offence is dealt with otherwise than under section 22B, the person:

(a) within 21 days after service on the person of a summons in respect of the 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 offence, or

(b) satisfies the court that the person did not know and could not with reasonable diligence have ascertained that name and address.

(4) A statutory declaration under subsection (2) or (3), if produced in any proceedings against the person named in it and in relation to the offence in respect of which the statutory declaration was supplied, is evidence that that person was in charge of the vehicle at all relevant times relating to that offence.

(5) A statutory declaration that relates to more than one offence is not a statutory declaration under, or for the purposes of, subsection (2) or (3).

(6) Nothing in this section affects the liability of the actual offender, but where a penalty has been imposed on or recovered from any person in relation to a parking offence, no further penalty may be imposed on or recovered from any other person in relation to that offence.

(7) 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 causing or allowing a vehicle to stand in contravention of the regulations.