133AOwner liability for stationary vehicle offences

1. Proceedings for a stationary vehicle offence may be taken against 1 or more of the following persons (whether or not, in the case of a person referred to in paragraph (b) or (c), the person is an individual or was the driver, person in charge, or user of the vehicle at the time the alleged offence was committed):

2. the person who allegedly committed the offence:
3. the person who, at the time of the alleged offence,—
   1. was registered as the owner, or one of the owners, of the vehicle involved in the offence in a register kept under section 18 of the Transport (Vehicle and Driver Registration and Licensing) Act 1986; or
   2. was the registered person in respect of the vehicle under Part 17 of this Act:
4. the person who, at the time of the alleged offence, was lawfully entitled to possession of the vehicle involved in the offence (whether or not jointly with any other person).

5. Subject to subsection (4), in any proceedings taken against a person under subsection (1)(b) or (c), in the absence of proof to the contrary, it must be presumed that—

6. the person was the driver, person in charge, and user of the vehicle at the time of the alleged offence (whether or not the person is an individual); and
7. the acts or omissions of the driver, person in charge, or user of the vehicle at that time were the acts or omissions of the first-mentioned person.

8. It is a defence to proceedings taken against a person for a stationary vehicle offence if the person proves that another person has, by virtue of an order under the Criminal Procedure Act 2011 or the Summary Proceedings Act 1957, become liable to pay a fine or costs, or both, in respect of the offence.

9. It is a defence to proceedings taken against a person under subsection (1)(b) or (c) if—

10. the person proves that, at the time the alleged offence was committed,—
    1. they were was not lawfully entitled to possession of the vehicle (either jointly with any other person or individually); or
    2. another person was unlawfully in charge of the vehicle; and
11. as soon as practicable after becoming aware of the alleged offence, he or she advised the enforcement authority in writing that, at the time the offence was committed, he or she was not lawfully entitled to possession of the vehicle or another person unlawfully had charge of the vehicle, as the case may be; and
12. he or she has given the enforcement authority a statutory declaration that—
    1. identifies another person who was, at the time of the alleged offence, lawfully entitled to possession, or was unlawfully in charge, of the vehicle by providing—
       1. the full name and full address of the other person; and
       2. any other identifying particulars of the other person that are known to the person making the declaration (for example, the other person's date of birth, occupation, telephone number, or electronic address); or
    2. establishes that the person making the declaration was unable to identify the other person after taking all reasonable steps to do so.

13. In the case of any stationary vehicle offence, any defence available under subsection (3) or (4) is in addition to and not in substitution for any defences available under the enactment creating the offence.