244Liability of vehicle owner for certain driving offences

244 Liability of vehicle owner for certain driving offences

244 Liability of vehicle owner for certain driving offences

(1) This section applies to any offence against this Act or the regulations—

(a) that arises from a failure or refusal to pay any toll or charge (including a private toll or charge) in respect of vehicles using any tollway, bridge, tunnel or road-ferry, or

(b) that arises from the driving, using, standing, waiting or parking of a vehicle and that is prescribed by the regulations for the purposes of this section,

in this section referred to as a driving offence.

(2) The owner of a vehicle with respect to which a driving offence is committed is, by virtue of this section, guilty of the offence as if the person were the actual offender, unless—

(a) if the offence is dealt with by penalty notice, the owner satisfies an authorised officer 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.

(3) Nothing in this section affects the liability of an actual offender in respect of a driving offence but, if a penalty has been imposed on, or recovered from, any person in relation to a driving offence, no further penalty can be imposed on or recovered from any other person in relation to the offence.

(4) The owner of a vehicle is not, by virtue of this section, guilty of an offence if, where the offence is dealt with by penalty notice—

(a) within 21 days after service on the owner of the penalty notice for the offence, the owner gives the authorised officer a relevant nomination document containing the name and address of the person who was at all relevant times in charge of the vehicle, or

(b) the owner satisfies the authorised officer that the owner did not know, and could not with reasonable diligence have ascertained, that name and address.

(5) The owner of a vehicle is not, by virtue of this section, guilty of an offence if, in any other case—

(a) within 21 days after service on the owner of a court attendance notice for the offence, the owner gives the informant a relevant nomination document containing the name and address of the person who was at all relevant times in charge of the vehicle, or