116 Liability of vehicle owner for parking offences on Authority’s land
(1) If a parking offence occurs in relation to any vehicle, the person who at the time of the occurrence of the offence is the owner of the vehicle shall, by virtue of this section, be guilty of the parking offence as if the person were the actual offender.(2) Nothing in this section affects the liability of the actual offender, but if a penalty has been imposed on or recovered from any person in relation to a parking offence no further penalty shall be imposed on or recovered from any other person in relation to that offence.(3) The owner of a vehicle is not guilty of an offence by virtue of this section if the owner satisfies:(a) in any case where the offence is dealt with under section 117—an authorised officer described in the penalty notice served under that section, or(b) in any other case—the court,that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used.(4) The 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 117, the owner:(i) within 21 days after service on the owner of a penalty notice under that section alleging that the owner is guilty of the offence, supplies by statutory declaration to an authorised officer described in 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 such an authorised officer that the owner did not know and could not with reasonable diligence have ascertained that name and address, or(b) in any other case, the owner:(i) within 21 days after service on the owner of a summons in respect of the 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) Any such statutory declaration if produced in any proceedings against the person named in it and in relation to the offence in respect of which the statutory declaration was supplied is evidence that that person was in charge of the vehicle at all relevant times relating to that offence.(6) Any such statutory declaration which relates to more than one offence shall be deemed not to be a statutory declaration under, or for the purposes of, subsection (4).(7) In this section:owner, in relation to a vehicle, includes:
(a) every person who is the owner or joint owner or part owner of the vehicle and any person who has the use of the vehicle under a hire-purchase agreement (but not the lessor under any such agreement), and(b) in the case of a motor vehicle:(i) a registered operator of the vehicle within the meaning of the Road Transport (Vehicle Registration) Act 1997, except where the person has sold or otherwise disposed of the vehicle and has complied with any applicable provisions of the Traffic Act 1909 or Road Transport (Vehicle Registration) Act 1997 (or regulations made under either Act) in respect of the sale or disposal, and(ii) in the case of a vehicle to which a trader’s plate within the meaning of the Road Transport (Vehicle Registration) Act 1997 is affixed—the person to whom the trader’s plate has been issued, and(iii) a person who, by a regulation referred to in section 15 (2) (j) of the Road Transport (Vehicle Registration) Act 1997, is to be treated as being, for the purposes of section 18A of the Traffic Act 1909, the owner of the vehicle.parking offence means any offence against a regulation made for or with respect to the standing or parking of vehicles on land vested in RailCorp, Transport Infrastructure Development Corporation, Sydney Ferries or the State Transit Authority.