161   Liability of vehicle owner for certain offences

(1)  If an offence against section 160 (6) occurs in relation to a vehicle, the person who at the time of the offence is the owner of the vehicle is, by virtue of this section, guilty of an offence against the subsection as if the person were the actual offender unless:

(a)  the offence is dealt with under section 162 and the person satisfies an authorised person described 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)  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 the actual offender but if a penalty has been imposed on or recovered from any person in relation to the offence no further penalty may be imposed on or recovered from any other person for the offence.

(3)  An owner of a vehicle is not, under subsection (1), guilty of an offence if:

(a)  the offence is dealt with under section 162 and 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 the offence, supplies by statutory declaration to an authorised person 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 that authorised person that the owner did not know and could not with reasonable diligence have found out that name and address, or

(b)  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 found out that name and address.

(4)  If a statutory declaration under subsection (3) is produced in any proceedings against the person named in the declaration that relate to the offence in respect of which it was supplied it is evidence that that person was in charge of the vehicle at all relevant times relating to the offence.

(5)  A statutory declaration which relates to more than one offence is not a statutory declaration for the purposes of subsection (3).

(6)  In this section:

owner of a vehicle includes the responsible person for the vehicle within the meaning of the Road Transport (General) Act 2005.

registered means registered under the Road Transport (Vehicle Registration) Act 1997.

trader’s plate means a trader’s plate within the meaning of the Road Transport (Vehicle Registration) Act 1997.