South Australian Consolidated Acts

ROAD TRAFFIC ACT 1961 - SECT 174A

174A—Liability of vehicle owners and expiation of certain offences

        (1)         In this section—

"owner", in relation to a vehicle, has the meaning assigned to the term by section 5, and includes the operator of the vehicle;

"prescribed offence" means an offence against a prescribed provision of this Act.

        (2)         Without derogating from the liability of any other person, but subject to this section, if a vehicle is involved in a prescribed offence, the owner of the vehicle is guilty of an offence and liable to the same penalty as is prescribed for the principal offence and the expiation fee that is fixed for the principal offence applies in relation to an offence against this section.

        (3)         The owner and driver of a vehicle are not both liable through the operation of this section to be convicted of an offence arising out of the same circumstances, and consequently conviction of the owner exonerates the driver and conversely conviction of the driver exonerates the owner.

        (4)         An expiation notice or expiation reminder notice given under the Expiation of Offences Act 1996 to the owner of a vehicle for an alleged offence against this section involving the vehicle must be accompanied by a notice inviting the owner, if he or she was not the driver at the time of the alleged prescribed offence, to provide the council or officer specified in the notice, within the period specified in the notice, with a statutory declaration—

            (a)         setting out the name and address of the driver; or

            (b)         if he or she had transferred ownership of the vehicle to another prior to the time of the alleged offence and has complied with the Motor Vehicles Act 1959 in respect of the transfer—setting out details of the transfer (including the name and address of the transferee).

        (5)         Before proceedings are commenced against the owner of a vehicle for an offence against this section involving the vehicle, the complainant must send the owner a notice—

            (a)         setting out particulars of the alleged prescribed offence; and

            (b)         inviting the owner, if he or she was not the driver at the time of the alleged prescribed offence, to provide the complainant, within 21 days of the date of the notice, with a statutory declaration setting out the matters referred to in subsection (4).

        (6)         Subsection (5) does not apply to—

            (a)         proceedings commenced where an owner has elected under the Expiation of Offences Act 1996 to be prosecuted for the offence; or

            (b)         proceedings commenced against an owner of a vehicle who has been named in a statutory declaration under this section as the driver of the vehicle.

        (7)         Subject to subsection (8), in proceedings against the owner of a vehicle for an offence against this section, it is a defence to prove—

            (a)         that, in consequence of some unlawful act, the vehicle was not in the possession or control of the owner at the time of the alleged prescribed offence; or

            (b)         that the owner provided the complainant with a statutory declaration in accordance with an invitation under this section.

        (8)         The defence in subsection (7)(b) does not apply if it is proved that the owner made the declaration knowing it to be false in a material particular.

        (9)         If—

            (a)         an expiation notice is given to a person named as the alleged driver in a statutory declaration under this section; or

            (b)         proceedings are commenced against a person named as the alleged driver in such a statutory declaration,

the notice or summons, as the case may be, must be accompanied by a notice setting out particulars of the statutory declaration that named the person as the alleged driver.

        (9a)         The particulars of the statutory declaration provided to the person named as the alleged driver must not include the address of the person who provided the statutory declaration.

        (10)         In proceedings against a person named in a statutory declaration under this section for the offence to which the declaration relates, it will be presumed, in the absence of proof to the contrary, that the person was the driver of the vehicle at the time at which the alleged offence was committed.

        (11)         In proceedings against the owner or driver of a vehicle for an offence against this Act, an allegation in the complaint that a notice was given under this section on a specified day will be accepted as proof, in the absence of proof to the contrary, of the facts alleged.