155ALiability of owner of vehicle etc for offences

#### 155A Liability of owner of vehicle etc for offences (1) The owner of a vehicle at the time when an offence relating to the vehicle under these Regulations is committed is taken to have committed the offence. (2) However, the owner of the vehicle is not taken to have committed the offence if: (a) the vehicle was, at the time of the offence, stolen or illegally taken or used; or (b) for an owner who is not a body corporate—within 14 days (or a longer notified period) after service of an infringement notice under the relevant provision, or within 14 days after service of a summons for the alleged offence, the owner gives to the airport‑operator company for the airport where the offence is alleged to have been committed a statutory declaration made by him or her stating: (i) that it is made for this regulation; and (ii) that he or she was not the driver of the vehicle at the time of the alleged offence; and (iii) the name and address of the person who was the driver of the vehicle at that time; or (c) for an owner that is a body corporate—within 14 days (or a longer notified period) after service of an infringement notice under the relevant provision or within 14 days after service of a summons for the alleged offence, a director, manager or secretary of the body corporate gives to the airport‑operator company for the airport where the offence is alleged to have been committed a statutory declaration made by him or her stating: (i) that it is made for this regulation; and (ii) that the vehicle was not being used for the body corporate at the time of the alleged offence; and (iii) the name and address of the person who was the driver of the vehicle at that time; or (d) for an owner who is not a body corporate—within 14 days (or a longer notified period) after service of an infringement notice under the relevant provision, or within 14 days after service of a summons for the alleged offence, the owner gives to the airport‑operator company for the airport where the offence is alleged to have been committed a statutory declaration made by him or her stating: (i) that it is made for this regulation; and (ii) that he or she had sold or otherwise disposed of the vehicle before the time of the alleged offence; and (iii) the date and, if relevant, time of the sale or disposal; and (iv) the name and address of the person to whom the vehicle was sold or disposed of; or (e) for an owner that is a body corporate—within 14 days (or a longer notified period) after service of an infringement notice under the relevant provision or within 14 days after service of a summons for the alleged offence, a director, manager or secretary of the body corporate gives to the airport‑operator company for the airport where the offence is alleged to have been committed a statutory declaration made by him or her stating: (i) that it is made for this regulation; and (ii) that the body corporate had sold or otherwise disposed of the vehicle before the time of the alleged offence; and (iii) the date and, if relevant, time of the sale or disposal; and (iv) the name and address of the person to whom the vehicle was sold or disposed of. (3) If an infringement notice has been served under regulation 146, or a summons has been served, on the owner of a vehicle for an alleged offence under these Regulations, the owner may: (a) for an owner who is a not a body corporate—within 14 days (or a longer notified period) after service of the infringement notice, or within 14 days after service of the summons, give to the airport‑operator company for the airport where the offence is alleged to have been committed a statutory declaration made by him or her or by a person having knowledge of the facts stating: (i) that it is made for this regulation; and (ii) that the owner was not the driver of the vehicle at the time of the alleged offence; and (iii) that he or she has not been able to find out who was the driver of the vehicle at that time; and (iv) the nature of the inquiries made to find out the name and address of the person who was the driver of the vehicle at that time; or (b) for an owner that is a body corporate—a director, manager or secretary of the body corporate may, within 14 days (or a longer notified period) after service of the infringement notice, or within 14 days after service of the summons, give to the airport‑operator company for the airport where the offence is alleged to have been committed a statutory declaration made by him or her or by a person having knowledge of the facts stating: (i) that it is made for this regulation; and (ii) that, to his or her knowledge, from the facts as set out in the declaration, the vehicle was not being used for the body corporate at the time of the alleged offence; and (iii) that he or she has not been able to find out who was the driver of the vehicle at that time; and (iv) the nature of the inquiries made to find out the name and address of the person who was the driver of the vehicle at that time. (4) At the hearing of a prosecution for an infringement notice offence under Division 2, 3 or 4 of Part 4 against the owner of a vehicle: (a) if the owner has given a statutory declaration under paragraph (3)(a)—the court must dismiss the charge if it is satisfied (whether on the statements contained in the statutory declaration or otherwise) that: (i) the owner was not the driver of the vehicle at the time of the alleged offence; and (ii) the inquiries made to find out the name and address of the person who was the driver of the vehicle at that time were reasonable in the circumstances of the case and were carried out with due diligence; or (b) if a director, manager or secretary of the owner has given a statutory declaration under paragraph (3)(b)—the court must dismiss the charge if it is satisfied (whether on the statements contained in the statutory declaration or otherwise) that: (i) the vehicle was not being used for the body corporate at the time of the alleged offence; and (ii) the inquiries made to find out the name and address of the person who was the driver of the vehicle at that time were reasonable in the circumstances of the case and were carried out with due diligence. (5) This regulation and regulations 146 and 155B apply as if a person named in a statutory declaration given under paragraph (2)(d) or (e) as the person to whom a vehicle was sold or otherwise disposed of were the owner of the vehicle from the time of the sale or disposal. (6) At the hearing of a prosecution for an infringement notice offence under Division 2, 3 or 4 of Part 4, a certificate issued by the airport‑operator company for the airport where the offence is alleged to have been committed stating that a person named in the certificate has not, in relation to that offence, given the airport‑operator company a statutory declaration for a provision of this regulation is evidence of the matter so stated. (7) For subregulation (6), a document that purports to have been issued by the airport‑operator company is to be taken to have been so issued unless the contrary is proved. (8) This regulation does not affect the liability of an actual offender other than the owner of the vehicle, but: (a) the owner and the actual offender must not both be liable for the same offence; and (b) if a penalty has been imposed on a person for an infringement notice offence under Division 2, 3 or 4 of Part 4, a further penalty must not be imposed on or recovered from another person for the same offence. (9) In this regulation: > driver has the same meaning as in regulation 106. > longer notified period, in relation to an original period of 14 days after the date of an infringement notice served on an owner of a vehicle for an alleged offence at an airport, means a period longer than 14 days, notice of which is given, in writing: (a) to the owner by the airport‑operator company for the airport; and (b) before the end of the original period.