32AOwner liable for offences
concerning motor vehicles
(1)
The owner of a vehicle with respect to which an
offence under section 32 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 way of penalty
notice, the owner satisfies a person specified in the notice 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.
(2)
Nothing in this section affects the liability of
an actual offender in respect of the offence but, if a penalty has been
imposed on, or recovered from, any person in relation to the offence, no
further penalty can be imposed on or recovered from any other person in
relation to the offence.
(3)
The owner of a vehicle is not, by virtue of this
section, guilty of the offence if, where the offence is dealt with by way of
penalty notice:
(a)
within 21 days after service on the owner of the
penalty notice for the offence, the owner gives notice in writing to a person
specified in the notice (verified by statutory declaration) of the name and
address of the person who was, at all relevant times, in charge of the
vehicle, or
(b)
the owner satisfies a person specified in the
notice that the owner did not know, and could not with reasonable diligence
have ascertained, that name and address.
(4)
The owner of a vehicle is not, by virtue of this
section, guilty of the offence if, in any other case:
(a)
within 21 days after service on the owner of a
summons for the offence, the owner gives notice in writing to the informant
(verified by statutory declaration) of the name and address of the person who
was, at all relevant times, in charge of the vehicle, or
(b)
the owner satisfies the court that the owner did
not know, and could not with reasonable diligence have ascertained, that name
and address.
(5)
If a statutory declaration supplying the name and
address of a person for the purposes of this section is produced in any
proceedings against the person in respect of the offence to which the
declaration relates, the declaration is evidence that the person was, at all
relevant times relating to that offence, in charge of the vehicle involved in
the offence.
(6)
A statutory declaration that relates to more than
one offence is taken not to be a statutory declaration supplying a name and
address for the purposes of this section.
(7)
This section does not limit any other provision
of this Act, any provision of any other Act or any provision of an instrument
in force under this or any other Act.
s 32A: Ins 1994 No
44, Sch 19.