18BLiability of vehicle owner for certain offences

18B Liability of vehicle owner for certain offences

18B Liability of vehicle owner for certain offences

(1) Where an offence against any regulation 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 against the regulation as if the person were the actual offender guilty of the offence unless—

(a) in any case where the offence is dealt with under section 24, the person satisfies a prescribed 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 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 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 such offence no further penalty shall be imposed on or recovered from any other person in relation thereto.

(3) Notwithstanding subsection (1), no owner of a vehicle shall, by virtue of that subsection, be guilty of an offence if—

(a) in any case where the offence is dealt with under section 24, the person—

(i) within 21 days after service on the person of a notice under that section in respect of the offence, gives a prescribed officer referred to in the notice an approved nomination notice containing the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence, or

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

(b) in any other case, the person—

(i) within 21 days after service on the person of a court attendance notice in respect of the offence, gives the informant an approved nomination notice containing the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence, or

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

(3A) Despite any other provision of this Act, an approved nomination notice may be provided by a person served with a notice under section 24 within 90 days of the notice being served on the person if the approved nomination notice is provided in the circumstances specified in section 23AA or 23AB of the .