131CLiability for vehicle-related offences

131C Liability for vehicle-related offences (1) If an infringement notice for a vehicle-related offence is served on a person under section 131B, the person is liable for the offence, and may be convicted of and punished for the offence, even though the person who actually committed the offence (the actual offender) may have been someone else. (2) If the actual offender is not the responsible person (or a responsible person) for the vehicle at the time of the offence, subsection (1) does not affect the liability of the actual offender, but— (a) an additional penalty for the offence may not be recovered from or imposed on the actual offender if an infringement notice penalty for the offence has been paid by, or a penalty has been imposed on, the responsible person (or a responsible person) for the vehicle at that time; and (b) an additional penalty for the offence may not be recovered from or imposed on the responsible person (or a responsible person) for the vehicle at that time if an infringement notice penalty for the offence has been paid by, or a penalty has been imposed on, the actual offender. (3) However, in a prosecution against a responsible person for a vehicle- related offence, it is a defence if the responsible person establishes— (a) that the vehicle was stolen, or illegally taken or used, at the time of the offence; or (b) that the person made and gave to the administering authority a known offender declaration in accordance with section 131E (Known offender declaration) for the offence; or (c) that the vehicle (or all of the person’s interest in the vehicle) had been sold or disposed of by the person before the time of the offence, and that at that time the person did not have an interest in the vehicle; or (d) that the person— (i) was not the driver of the vehicle at the time of the offence; and (ii) does not know, and could not with reasonable diligence have found out, the name and address of the driver of the vehicle at that time.