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Contents

Long Title

Part I PRELIMINARY

Part II ESTABLISHMENT, INCORPORATION AND CONSTITUTION OF TOWN COUNCILS

Part III GENERAL PROVISIONS AS TO MEMBERS OF TOWN COUNCIL

Part IV FUNCTIONS AND POWERS OF TOWN COUNCIL

Part IVA LIFT UPGRADING WORKS

Part V PROCEEDINGS OF TOWN COUNCIL

Part VI FINANCIAL PROVISIONS

Part VII MISCELLANEOUS PROVISIONS

THE SCHEDULE

Legislative History

Comparative Table

 
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Print   Link to In-Force Version
On 20/12/2014, you requested the version in force on 20/12/2014 incorporating all amendments published on or before 20/12/2014. The closest version currently available is that of 15/08/2005.
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Liability of owners of vehicles for parking offences
48.
—(1)  When a parking offence is committed within a Town, the person who, at the time of the commission of the offence, is the owner of the vehicle in respect of which the offence is committed shall be guilty of an offence under any by-law made by the Town Council in all respects as if he were the actual offender guilty of the parking offence unless the court is satisfied that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used.
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(2)  Nothing in this section shall affect the liability of the actual offender except that where a penalty has been imposed on or recovered from a person in relation to any parking offence, no further penalty shall be imposed on or recovered from any other person in relation thereto.
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(3)  Notwithstanding subsection (1), no owner of a vehicle shall by virtue of this section be guilty of an offence if he —
(a)
within 7 days after service on him by a Town Council of a notice alleging that he has been guilty of the offence, furnishes by statutory declaration to the Town Council the name and address of the person who was in charge of the vehicle at all relevant times relating to the parking offence;
(b)
satisfies the Town Council that he did not know and could not with reasonable diligence have ascertained such name and address; or
(c)
satisfies the court that he did not know and could not with reasonable diligence have ascertained such name and address.
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(4)  A statutory declaration made under subsection (3)(a), if produced in any proceedings against the person named therein and in respect of any parking offence, shall be prima facie evidence that the person was in charge of the vehicle at all relevant times relating to the parking offence.
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(5)  A statutory declaration which relates to more than one parking offence shall not be regarded as a statutory declaration under, or for the purposes of, subsection (3)(a).
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(6)  In this section —
“owner”, in relation to a vehicle, includes —
(a)
any person who has the use of the vehicle under a hire-purchase agreement but excludes the owner under any such agreement;
(b)
the person in whose name the vehicle is registered except where the person has sold or otherwise disposed of the vehicle and has complied with the rules made under the Road Traffic Act (Cap. 276) applicable to him in regard to such sale or disposal; and
(c)
in the case of a vehicle in respect of which a general licence is issued under section 28 of the Road Traffic Act, the person to whom the general licence is issued;
“parking offence” means an offence of parking a vehicle or of causing or permitting a vehicle to stand, wait or be parked in contravention of any by-law made by a Town Council.
[43D
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