Last Updated: 16 October 2023

[LAT 85] Owner onus for parking offences85 

85
(1) If a parking offence occurs in relation to a motor vehicle, the person who at the time of the occurrence of the offence was the owner of the motor vehicle is deemed to have committed the offence as if the owner was the person driving or in charge of the vehicle at the time of the offence.
(2) If more than one person owns a motor vehicle in relation to which a parking offence occurs, each such owner shall be jointly and severally liable under subsection (1).
(3) It is a defence to proceedings in relation to an offence under subsection (1) for the offender to establish that he or she was not driving or in charge of the motor vehicle at the time of the offence by providing a statutory declaration stating that at the time of the occurrence of the offence—
  • (a)the motor vehicle was being driven by some other person without his or her knowledge or consent;
  • (b)the motor vehicle was in the charge of another person and stating the name and address of that person; or
  • (c)the person did not own the motor vehicle.

[subs (3) am Act 11 of 2017 s 3, effective 7 April 2017]

(4) 
[subs (4) rep Act 11 of 2017 s 3, effective 7 April 2017]
(5) 
[subs (5) rep Act 11 of 2017 s 3, effective 7 April 2017]
(6) 
[subs (6) rep Act 11 of 2017 s 3, effective 7 April 2017]
(7) 
[subs (7) rep Act 11 of 2017 s 3, effective 7 April 2017]