22ALiability of vehicle owner for parking offences

#### 22A Liability of vehicle owner for parking offences 22A Liability of vehicle owner for parking offences > > (1) If a parking offence occurs in relation to any vehicle, the person who at the time of the commission of the offence was the owner of the vehicle is, by virtue of this section, guilty of an offence against the regulation concerned as if the person were the actual offender guilty of the parking offence, unless— > > > > > (a) in any case where the offence is dealt with under section 22B, the person satisfies an officer described in the notice served under that section that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used, or > > > > > (b) in any case where the offence is dealt with by a court, the court is satisfied that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used, or > > > > > (c) the person is exonerated under subsection (2) or (3). > > > (2) An owner of a vehicle is not, by virtue of this section, guilty of an offence if, in any case where the offence is dealt with under section 22B, the person— > > > > > (a) within 21 days after service on the person of a notice under that section for the offence, gives a prescribed officer referred to in the notice an approved nomination notice containing the name and address of the person who was at all relevant times in charge of the vehicle, or > > > > > (b) satisfies that prescribed officer that the person did not know and could not with reasonable diligence have ascertained that name and address. > > > (3) An owner of a vehicle is not, by virtue of this section, guilty of an offence if, in any case where the offence is dealt with otherwise than under section 22B, the person— > > > > > (a) within 21 days after service on the owner of a court attendance notice for the offence, gives the informant an approved nomination notice containing the name and address of the person who was at all relevant times in charge of the vehicle, or > > > > > (b) satisfies the court that the person did not know and could not with reasonable diligence have ascertained that name and address. > > > (3A) Despite any other provision of this Act, an approved nomination notice may be provided by the owner of a vehicle served with a notice under section 22B within 90 days of the notice being served on the owner if the approved nomination notice is provided in the circumstances specified in section 23AA or 23AB of the [Fines Act 1996](/view/html/inforce/current/act-1996-099). > > > (3B) If the owner of a vehicle gives an approved nomination notice to a prescribed officer or informant for the purposes of this section, a prescribed officer or informant may, by written notice served on the owner, require the owner to supply a statutory declaration for use in court proceedings that verifies the nomination contained in the approved nomination notice. > > > (4) A statutory declaration under subsection (3B), if produced in any proceedings against the person named in it and in relation to the offence in respect of which the statutory declaration was supplied, is evidence that that person was in charge of the vehicle at all relevant times relating to that offence. > > > (5) An approved nomination notice or a statutory declaration that relates to more than one offence is not an approved nomination notice or a statutory declaration under, or for the purposes of, this section. > > > (6) Nothing in this section affects the liability of the actual offender, but where a penalty has been imposed on or recovered from any person in relation to a parking offence, no further penalty may be imposed on or recovered from any other person in relation to that offence. > > > (7) In this section— > > > > approved nomination notice has the same meaning as in section 38 of the [Fines Act 1996](/view/html/inforce/current/act-1996-099). > > > > owner of a vehicle includes the responsible person for the vehicle within the meaning of the [Road Transport Act 2013](/view/html/inforce/current/act-2013-018). > > > > parking offence means any offence of causing or allowing a vehicle to stand in contravention of the regulations. > > **s 22A:** Ins 1996 No 20, Sch 1 \[7\]. Am 1997 No 119, Sch 2.25 \[1\] (as am by 1998 No 26, Sch 1 \[13\]) \[2\]; 1999 No 19, Sch 2.40 \[1\] \[2\]; 2005 No 11, Sch 3.38; 2013 No 19, Sch 3; 2016 No 13, Sch 2.12 \[1\]–\[6\].