46Exceptions to towing fee

#### 46 Exceptions to towing fee 46 Exceptions to towing fee > > (1) A towing fee is only payable if— > > > > > (a) a person is convicted of a sanctionable offence within the meaning of the Act, Part 7.6, or > > > > > (b) a penalty notice, issued under the Act, Part 7.3, Division 3 in relation to the alleged offence, is dealt with by payment of— > > > > > > > (i) the penalty prescribed under the Division, or > > > > > > > (ii) a penalty notice enforcement order under the [Fines Act 1996](/view/html/inforce/current/act-1996-099) made, or is taken to have been made, against the person and not subsequently quashed or set aside. > > > (2) A towing fee is refundable if it has been paid for the towing of a vehicle in circumstances other than subsection (1). > > > (3) A fee is not payable under this section by the responsible person for the vehicle if the person provides the Commissioner of Police with a statutory declaration stating— > > > > > (a) the offence concerned was not committed with the responsible person’s consent, and > > > > > (b) the responsible person did not know, and could not reasonably be expected to have known, the vehicle would be used for the commission of the offence, and > > > > > (c) that— > > > > > > > (i) at the time of the offence, the vehicle was being driven by a person whose name and address are supplied in the declaration, or > > > > > > > (ii) the responsible person does not know, and could not with reasonable diligence have ascertained, the name and address of the person who was driving the vehicle at the time. > > > (4) A fee that, in accordance with subsection (3), is not payable by the responsible person for the vehicle is payable by the person driving the vehicle at the time of the offence concerned. > > > (5) A statutory declaration of a responsible person alleging another person was the driver of the vehicle at the time of the offence is, if produced in proceedings for recovery of a fee under section 45, evidence of the driver’s identity unless evidence to the contrary is adduced. > > > (6) If a court finds an offence proven in relevant proceedings it may, to avoid undue hardship to a person or a perceived injustice, order— > > > > > (a) the fee payable for the towing of the vehicle in connection with the alleged offence be reduced by an amount specified by the court, or > > > > > (b) in the circumstances of the case, no fee is payable. > > > (7) In subsection (6)— > > > > relevant proceedings means— > > > > > (a) proceedings for an alleged sanctionable offence within the meaning of the Act, Part 7.6, or > > > > > (b) an application under the Act, section 249 following the impounding of a vehicle for an alleged offence.