42CLiability of vehicle owner for certain offences

42C Liability of vehicle owner for certain offences

42C Liability of vehicle owner for certain offences

(1) This section applies if this Act or the regulations provide for an offence in relation to a vehicle.

(2) The person who, at the time of the offence, is the owner of the vehicle is guilty of the offence as if the person were the actual offender.

(3) Subsection (2) does not apply if the owner of the vehicle—

(a) for an offence dealt with by penalty notice—

(i) satisfies the prescribed officer the vehicle was, at the time of the offence, stolen or otherwise illegally taken or used, or

(ii) within 21 days after receiving the penalty notice, gives the prescribed officer an approved nomination notice containing the name and address of the person who was in charge of the vehicle at the time of the offence, or

(iii) satisfies the prescribed officer the owner did not know, and could not with reasonable diligence have ascertained, the name and address of the person who was in charge of the vehicle at the time of the offence, or

(b) otherwise—

(i) satisfies the court the vehicle was at the time of the offence stolen or otherwise illegally taken or used, or

(ii) 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 in charge of the vehicle at the time of the offence, or

(iii) satisfies the court the owner did not know, and could not with reasonable diligence have ascertained, the name and address of the person who was in charge of the vehicle at the time of the offence.

(4) An approved nomination notice may be given by a person issued with a penalty notice within 90 days of the notice being issued if the approved nomination notice is provided in the circumstances specified in the Fines Act 1996, section 23AA or 23AB.

(5) If the owner of a vehicle gives an approved nomination notice to a prescribed officer or an informant under this section, the prescribed officer or informant may, by written notice served on the owner, require the owner to give a statutory declaration that verifies the nomination contained in the approved nomination notice.