43HANotification of driver by statutory declaration

### 43HA Notification of driver by statutory declaration > *\[Section 43HA Inserted by No. 86 of 1995, s. 10 \]*[*\[Section 43HA Substituted by No. 72 of 2007, Sched. 1, Applied:28 Apr 2008\]*](/view/html/inforce/2008-04-28/act-2007-072#JS1@Ja39@GC3@EN) > > > (1)  [*\[Section 43HA Subsection (1) amended by No. 27 of 2022, s. 18, Applied:23 Jun 2023\]*](/view/html/inforce/2023-06-23/act-2022-027#GS18@EN) Where a person on whom a traffic infringement notice has been served under [section 43H](#GS43H@EN) provides, within 28 days following service of the notice, a statutory declaration to the issuing authority specified on the notice stating the name and address of the person who was in charge of the vehicle at all relevant times relating to the alleged offence, the statutory declaration, if produced in any proceedings against the person named in the declaration and in respect of the offence to which the declaration relates, is evidence – > > > > > > (a) in the case of a parking offence, that the person named in the declaration was in charge of the vehicle at all times relevant to that offence; or > > > > > > > (b) in the case of any other prescribed offence, that the person named in the declaration was the driver of the vehicle at the time when the offence occurred. > > > (2)  A statutory declaration made in accordance with this section is to be treated as an application for withdrawal of the traffic infringement notice under [section 23(1)(a)](/view/html/inforce/2026-04-12/act-2005-057#GS23@Gs1@Hpa@EN) or [24(1)(a)](/view/html/inforce/2026-04-12/act-2005-057#GS24@Gs1@Hpa@EN) of the [Monetary Penalties Enforcement Act 2005](/view/html/inforce/2026-04-12/act-2005-057) .