201Offences involving a vehicle—liability of owner

#### 201 Offences involving a vehicle—liability of owner (1) This regulation identifies who it is that bears liability for the commission of an offence under these Regulations involving a vehicle. (2) If the offence is committed by the person in charge of the vehicle, the owner of the vehicle at the time the offence is committed is taken to have committed the offence. (3) 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 (b) for an owner who is not a body corporate—within 14 days after the date of an infringement notice served under regulation 192 or within 14 days after service of a summons for the alleged offence, the owner gives to the Authority a statutory declaration made by him or her stating: (i) that it is made for subregulation (3) of this regulation; and (ii) that he or she was not in charge of the vehicle at the time of the alleged offence; and (iii) the name and address of the person who was in charge of the vehicle at that time; or (c) for an owner that is a body corporate—within 14 days after the date of an infringement notice served under regulation 192 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 Authority a statutory declaration made by him or her stating: (i) that it is made for subregulation (3) of this regulation; and (ii) that the vehicle was not being used by or for the body corporate at the time of the alleged offence; and (iii) the name and address of the person who was in charge of the vehicle at that time. (4) At the hearing of a prosecution of an owner for an offence involving a vehicle, a certificate signed by the Authority stating that the owner has not given to the Authority a statutory declaration relating to the offence is evidence of the matter so stated. (5) For subregulation (4), a document that purports to have been signed by the Authority is to be taken to have been so signed unless the contrary is proved. (6) This regulation does not affect the liability of a person who is not the owner of a vehicle involved in an offence against these Regulations if the person would otherwise be liable for the offence.