New South Wales Repealed Acts New South Wales Repealed ActsThis legislation has been repealed.
(cf Traffic Act, s 18A)
(1) Responsible person for vehicle taken to have committed designated offences If a designated offence occurs in relation to any registrable vehicle, the person who at the time of the occurrence of the offence is the responsible person for the vehicle is taken to be guilty of an offence under the provision concerned in all respects as if the responsible person were the actual offender guilty of the designated offence unless:(a) in any case where the offence is dealt with under Division 1—the person satisfies the authorised officer under section 15 that:(i) the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used, or(ii) the actual offender would have a defence to any prosecution for the designated offence brought against the offender, or(b) in any other case—the person satisfies the court hearing the proceedings for the offence that:(i) the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used, or(ii) the actual offender would have a defence to any prosecution for the designated offence brought against the offender.
(2) Liability of actual offender unaffected Nothing in this section affects the liability of the actual offender. However, if a penalty has been imposed on or recovered from any person in relation to any designated offence, no further penalty may be imposed on or recovered from any other person in relation the offence.
(3) When responsible person not liable for parking offence Despite subsection (1), the responsible person for a vehicle is not guilty of a parking offence by the operation of that subsection if:(a) in any case where such an offence is dealt with under Division 1—the responsible person:(i) within 21 days after service on the responsible person of a penalty notice alleging that the responsible person has been guilty of such offence, supplies by statutory declaration to the authorised officer under section 15 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 authorised officer that the responsible person did not know and could not with reasonable diligence have ascertained such name and address, or(b) in any other case—the responsible person:(i) within 21 days after service on the responsible 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 parking offence concerned, or(ii) satisfies the court hearing the proceedings for the offence that the responsible person did not know and could not with reasonable diligence have ascertained such name and address.
(4) Duty to inform if person not driver of vehicle committing camera recorded offence A person who:(a) is served with a penalty notice or a summons in respect of a camera recorded offence, and(b) was not the driver of the vehicle to which the offence relates at the time the offence occurred,must, within 21 days after service of the notice or summons, supply by statutory declaration to the authorised officer under section 15 (in the case of a notice) or the informant (in the case of a summons) the name and address of the person who was in charge of the vehicle at the time the offence occurred.
(4A) For the purposes of subsections (3) and (4), it is presumed that a penalty notice served on a person by post is served on the person 21 days after it is posted, unless the person establishes that it was not received by the person, or was not received by the person within the 21-day period.
(5) Offence—failure to comply with subsection (4) A person must comply with subsection (4) unless the person satisfies:(a) in the case of a notice—the authorised officer, or(b) in the case of a summons—the court dealing with the camera recorded offence, or(c) in either case—the court dealing with the offence of failing to comply with subsection (4),that he or she did not know and could not with reasonable diligence have ascertained that name and address.Maximum penalty:(a) if the offence relates to a vehicle registered otherwise than in the name of a natural person—20 penalty units, or(b) in any other case—5 penalty units.
(6) Offence—false nomination of person in charge of vehicle A person must not, in a statutory declaration supplied under subsection (4), falsely nominate another person as the person who was in charge of the vehicle at the time the offence occurred.Maximum penalty:(a) if the offence relates to a vehicle registered otherwise than in the name of a natural person—10 penalty units, or(b) in any other case—5 penalty units.
(7) When responsible person for vehicle not liable for camera recorded offence A person who is served with a penalty notice or a summons in respect of a camera recorded offence is not guilty of that offence by operation of this section if the person:(a) complies with subsection (4) in relation to the offence, or(b) satisfies the authorised officer (in the case of a notice) or the court (in the case of a summons) that he or she did not know and could not with reasonable diligence have ascertained the name and address of the person who was in charge of the vehicle at the time the offence occurred.
(8) Statutory declaration is evidence (unless contrary evidence is adduced) A statutory declaration under subsection (3) or (4), if produced in any proceedings against the person named in the declaration and in respect of the designated offence concerned, is evidence (unless contrary evidence is adduced):(a) in the case of a statutory declaration relating to a parking offence—that the person was in charge of the vehicle at all relevant times relating to the parking offence, or(b) in the case of a statutory declaration relating to a camera recorded offence—that the person was the driver of the vehicle at the time the offence occurred.
(9) Statutory declaration to relate to one designated offence A statutory declaration that relates to more than one designated offence does not constitute a statutory declaration under, or for the purposes of, subsection (3) or (4).
(10) Section does not derogate from any other law The provisions of this section are in addition to and not in derogation of any other provisions of this or any other Act.
(11) Definitions In this section:
"camera recorded offence" means:(a) a public transport lane offence as defined in section 57B of the Road Transport (Safety and Traffic Management) Act 1999 in respect of which the penalty notice or the summons indicates that the offence was detected by an approved traffic lane camera device (within the meaning of that Act), or(b) a traffic light offence as defined in section 57 of the Road Transport (Safety and Traffic Management) Act 1999 in respect of which the penalty notice or the summons indicates that the offence was detected by an approved camera detection device (within the meaning of that Act), or(c) a speeding offence in respect of which the penalty notice or the summons indicates that the offence was detected by an approved speed measuring device and recorded by an approved camera recording device (within the meaning of the Road Transport (Safety and Traffic Management) Act 1999 )."designated offence" means:(a) a camera recorded offence, or(b) a parking offence."parking offence" means any offence of standing or parking a motor vehicle or trailer or of causing or permitting a motor vehicle or trailer to stand, wait or be parked in contravention of any regulation made under the Road Transport (Safety and Traffic Management) Act 1999 .