69Liability of vehicle owner for parking
offences
(1)
In this section—
owner of a vehicle includes the
responsible person for the vehicle within the meaning of the Road Transport Act 2013.
parking offence means
the offence committed by a person who, in contravention of the regulations
made under this Act—
(a)
moors or parks a vehicle, or
(b)
causes or permits a vehicle to be moored or
parked or to stand or wait.
vehicle includes motor vehicle
and vessel.
(2)
If a parking offence occurs in relation to a
vehicle, the person who at the time of the occurrence of the offence is the
owner of the vehicle is, by virtue of this section, guilty of an offence under
the regulation concerned as if the owner were the actual offender guilty of
the parking offence unless—
(a)
in any case where the parking offence is dealt
with under section 70—the person satisfies the authorised officer
referred to 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 other case—the court is satisfied
that the vehicle was, at the relevant time, a stolen vehicle or a vehicle
illegally taken or used.
(3)
This section does not affect the liability of an
actual offender in respect of a parking offence but, if a penalty has been
imposed on or recovered from any person in relation to any parking offence, no
further penalty may be imposed on or recovered from any other person for the
offence.
(4)
Despite subsection (2), an owner of a vehicle is
not, by virtue of this section, guilty of an offence if—
(a)
in any case where the offence is dealt with under
section 70, the owner—
(i)
within 21 days after service on the owner of a
notice under that section alleging that the owner has been guilty of that
offence, supplies, in the form required by the notice, the name and address of
the person who was in charge of the vehicle at all relevant times relating to
the offence, or
(ii)
satisfies the authorised officer that the owner
does not know, and cannot with reasonable diligence ascertain, that name and
address, or
(b)
in any other case, the owner—
(i)
within 21 days after service on the owner of a
court attendance notice in respect of that offence supplies by statutory
declaration to the informant the name and address of the person who was in
charge of the vehicle at all relevant times relating to the offence,
or
(ii)
satisfies the court that the owner did not know
and could not with reasonable diligence have ascertained that name and
address.
(5)
If a form under subsection (4) is produced in any
proceedings against the person named in the form that relate to the offence in
respect of which it was supplied, the form is evidence that the person so
named was in charge of the vehicle at all relevant times relating to that
offence.
(6)
Without limiting the form that may be required by
the notice under subsection (4), the required form may be an electronic form
accessible at a website specified in the notice.
(7)
An owner of a vehicle who supplies a statutory
declaration setting out the name and address of the person who was in charge
of the vehicle at all relevant times relating to the offence is taken to have
done so in the required form.
s 69: Am 2017 No 25,
Sch 2.8 [1]–[3].