104BLiability of vehicle owners for parking offences

#### 104B Liability of vehicle owners for parking offences 104B Liability of vehicle owners for parking offences > > (1) If a parking offence occurs in relation to a vehicle, the person who is, when the offence occurs, the owner of the vehicle (the vehicle owner) is, under this section, guilty of an offence as if the vehicle owner were the actual offender guilty of the parking offence unless— > > > > > (a) if the parking offence is dealt with under section 100—the vehicle owner satisfies the authorised officer referred to in the penalty notice issued under that section that, when the offence occurred, the vehicle was stolen or illegally taken or used, or > > > > > (b) otherwise—the court is satisfied that, when the offence occurred, the vehicle was stolen or illegally taken or used. > > > (2) This section does not affect the liability of the actual offender in relation to the parking offence but, if a penalty has been imposed on or recovered from a person in relation to the parking offence, no further penalty may be imposed on or recovered from another person for the parking offence. > > > (3) Despite subsection (2), the vehicle owner is not guilty of an offence under this section if— > > > > > (a) for an offence dealt with under section 100— > > > > > > > (i) within 21 days after being served with the penalty notice under that section alleging that the vehicle owner is guilty of the offence, the vehicle owner provides, in the form required by the penalty notice, the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence, or > > > > > > > (ii) the vehicle owner satisfies the authorised officer referred to in the penalty notice that the vehicle owner does not know, and cannot with reasonable diligence ascertain, the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence, or > > > > > (b) otherwise— > > > > > > > (i) within 21 days after being served with a court attendance notice in relation to the offence, the vehicle owner provides, by statutory declaration, to the prosecutor the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence, or > > > > > > > (ii) the vehicle owner satisfies the court that the vehicle owner does not know, and cannot with reasonable diligence ascertain, the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence. > > > (4) If a form under subsection (3) is produced in proceedings against the person named in the form that relate to the offence in relation to which the form was supplied, the form is evidence the person named was in charge of the vehicle at all relevant times relating to the offence. > > > (5) Without limiting the form that may be required by the penalty notice under subsection (3), the form may be an electronic form accessible at a website specified in the notice. > > > (6) A vehicle owner who provides a statutory declaration setting out the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence is taken to have done so in the required form. > > > (7) In this section— > > > > owner, of a vehicle, includes the registered operator of the vehicle within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018). > > > > parking offence means any of the following offences— > > > > > (a) an offence under section 39(1) committed by a person who fails to comply with a parking-related port operator direction, > > > > > (b) an offence under section 43G(1) committed by a person who fails to comply with a parking-related safety direction, > > > > > (c) an offence under the regulations committed by a person who fails to comply with a direction given by an authorised person relating to the driving, stopping, parking or use of a vehicle. > > > > parking-related port operator direction means a port operator direction that regulates the driving, stopping, parking or use of a vehicle. > > > > parking-related safety direction means a safety direction that regulates the driving, stopping, parking or use of a vehicle. > > > > vehicle has the same meaning as in the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018). > > **s 104B:** Ins 2024 No 67, Sch 2\[70\].