New South Wales Consolidated Acts

ROAD TRANSPORT ACT 2013 - SECT 185

185 When responsible person not liable for parking offence

(cf Gen Act, s 179(3) and (5))

(1) Despite section 184, the responsible person for a vehicle is not guilty of a parking offence by the operation of that section if--

(a) the offence is dealt with under Division 3 and the authorised officer under section 195 receives a relevant nomination document containing the nomination details of the person who was in charge of the vehicle at all relevant times relating to the offence (the
"liable person" ) within 21 days after the issue to the responsible person of a penalty notice for the offence, or

(b) the offence is not dealt with under Division 3 and the informant receives a statutory declaration containing the nomination details of the liable person within 21 days after the issue to the responsible person of a court attendance notice for the offence, or

(c) the responsible person satisfies the authorised officer or the court hearing the proceedings for the offence (as the case requires) that the responsible person did not know and could not with reasonable diligence have ascertained the nomination details of the liable person.

(2) For the purposes of this section, it is presumed that a penalty notice issued to a person by post is issued to the person 7 days after it is posted, unless the person establishes that it was not received by the person, or was not received by the person within the 7-day period.

(3) Despite any other provision of this Act, a relevant nomination document may be provided by a person issued with a penalty notice for a parking offence within 90 days of the notice being issued to the person if the relevant nomination document is provided in the circumstances specified in section 23AA or 23AB of the Fines Act 1996 .