24AOffences involving a vehicle or vessel — liability of owner

24A Offences involving a vehicle or vessel — liability of owner

(1) The owner of a vehicle or vessel at the time when an offence relating to the vehicle or vessel under these Regulations (a relevant offence) is committed is taken to have committed the offence.

Known user declaration

(2) However, the owner of the vehicle or vessel is not taken to have committed a relevant offence if:

(a) the vehicle or vessel was, at the time of the offence, stolen or illegally taken or used; or

(b) for an owner who is not a body corporate — within 14 days after service of an infringement notice or a summons for the alleged offence, the owner makes, and gives to a Trust officer, a statutory declaration stating:

(ii) that he or she was not in charge of the vehicle or vessel at the time of the alleged offence; and

(iii) the name and address of the person who was in charge of the vehicle or vessel at that time; or

(c) for an owner that is a body corporate — within 14 days after service of an infringement notice or a summons for the alleged offence, a director, manager or secretary of the body corporate makes, and gives to a Trust officer, a statutory declaration stating:

(ii) that the vehicle or vessel was not being used for the body corporate at the time of the alleged offence; and

(iii) the name and address of the person who was in charge of the vehicle or vessel at that time.

Unknown user declaration

(3) If an infringement notice, or a summons, has been served on the owner of a vehicle or vessel for an alleged relevant offence:

(a) if the owner is a not a body corporate — the owner (or another person having knowledge of the facts) may within 14 days after service of the notice or summons make, and give to a Trust officer, a statutory declaration stating:

(ii) that the owner was not in charge of the vehicle or vessel at the time of the alleged offence; and

(iii) that the owner (and the declarant, if the declarant is not the owner) has not been able to find out who was in charge of the vehicle or vessel at that time; and

(iv) the nature of the inquiries made to find out the name and address of the person who was in charge of the vehicle or vessel at that time; or

(b) if the owner is a body corporate — a director, manager or secretary of the body corporate may, within 14 days after service of the notice or summons, make, and give to a Trust officer, a statutory declaration stating:

(ii) that, to the knowledge of the declarant, from the facts as set out in the declaration, the vehicle or vessel was not being used for the body corporate at the time of the alleged offence; and