On 20/06/2013,
you requested for the version in force on 20/06/2013
incorporating all amendments published on or before 20/06/2013.
The closest version currently available is that of 31/12/2004.
83.
—(1) When an offence under Part IA or a parking offence is committed, the person who at the time of the occurrence of the offence is the owner of the motor vehicle in respect of which the offence is committed shall, by virtue of this section, be guilty of an offence under the rule or section concerned in all respects as if he were the actual offender guilty of the offence under Part IA or the parking offence, as the case may be, unless —
(a)
in any case where that offence is dealt with under section 132 or 133, the owner satisfies the police officer or employee of the Authority referred to in section 132 or 133(7), as the case may be, that the vehicle was at the relevant time a stolen vehicle or a vehicle illegally taken or used; and
(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.
[19/74; 5/98]
(2) Nothing in this section shall affect the liability of the actual offender but where a penalty has been imposed on or recovered from a person in relation to any offence under Part IA or any parking offence no further penalty shall be imposed on or recovered from any other person in relation thereto.
[5/98]
(3) Notwithstanding subsection (1), no owner of a motor vehicle shall by virtue of this section be guilty of an offence under Part IA or a parking offence if —
(a)
in any case where the offence is dealt with under section 132 or 133, he —
(i)
within 7 days after service on him of a notice under section 132 or 133 alleging that he has been guilty of such offence, furnishes by statutory declaration to the police officer or employee of the Authority referred to in section 132 or 133(7), as the case may be, the name and address of the person who was in charge of the vehicle at all relevant times relating to the offence concerned; or
(ii)
satisfies the police officer or employee of the Authority that he did not know and could not with reasonable diligence have ascertained such name and address; and
(b)
in any other case he satisfies the court that he did not know and could not with reasonable diligence have ascertained such name and address.
[5/98]
(4) A statutory declaration made under subsection (3) if produced in any proceedings against the person named therein and in respect of the offence concerned shall be prima facie evidence that the person was in charge of the vehicle at all relevant times relating to that offence.
[5/98]
(5) A statutory declaration which relates to more than one offence under Part IA or to more than one parking offence shall not be regarded as a statutory declaration under or for the purposes of subsection (3).
[5/98]
(6) In this section —
“offence under Part IA” means any offence in contravention of any of the provisions of Part IA or the rules made under section 34D;
“owner”, in relation to a motor 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;
(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 provisions of the rules 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, the person to whom the general licence is issued;
“parking offence” means an offence of parking a motor vehicle or of causing or permitting a motor vehicle to stand, wait or be parked in contravention of any rules or an offence under section 122.
[5/98]