Forestry Act 2012 No 96
87 Liability of vehicle owner for parking offences
(1916 Act, s 38C)
(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 is, by virtue of this section, guilty of an offence under the regulation concerned as if the person were the actual offender guilty of the parking offence unless—(a) in any case where the parking offence is dealt with under section 85—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.(2) 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 the offence no further penalty may be imposed on or recovered from any other person for the offence.(3) Despite subsection (1), an owner of a vehicle is not, by virtue of that subsection, guilty of an offence if—(a) in any case where the offence is dealt with under section 85—the person—(i) within 21 days after service on the person of a notice under that section in respect of the offence, gives an authorised person referred to in the notice an approved nomination notice containing 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 person that the person did not know and could not with reasonable diligence have ascertained that name and address, or(b) in any other case—the person—(i) within 21 days after service on the person of a court attendance notice in respect of 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 all relevant times relating to the offence, or(ii) satisfies the court that the person did not know and could not with reasonable diligence have ascertained that name and address.(3A) Despite any other provision of this Act, an approved nomination notice may be provided by a person served with a notice under section 85 within 90 days of the notice being served on the person if the approved nomination notice is provided in the circumstances specified in section 23AA or 23AB of the Fines Act 1996.(3B) If the owner of a vehicle supplies an approved nomination notice to an authorised person or an informant for the purposes of this section, an authorised person or informant may, by written notice served on the owner, require the owner to supply a statutory declaration for use in court proceedings that verifies the nomination contained in the approved nomination notice.(4) If a statutory declaration under subsection (3B) is produced in any proceedings against the person named in the declaration that relate to the offence in respect of which it was supplied, the declaration is evidence that the person so named was in charge of the vehicle at all relevant times relating to that offence.(5) An approved nomination notice or a statutory declaration that relates to more than one parking offence is not an approved nomination notice or a statutory declaration for the purposes of subsection (3) or (3B).(6) In this section—approved nomination notice has the same meaning as in section 38 of the Fines Act 1996.owner of a motor 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—(a) parks a motor vehicle, or(b) causes or permits a motor vehicle to be parked or to stand or wait.