Section 79 D (6) of the Road Traffic Act 1974 deems the owner of the vehicle fully responsible.
79D. Release of impounded vehicles
(6) For the purposes of subsection (2) (j) none of these factors by itself means manifest injustice or manifest unfairness will be suffered by a person —
- If the offence in respect of which the vehicle was impounded was an impounding offence (driver’s licence), the fact that a person responsible for the vehicle concerned had no grounds to suspect the alleged offender was not authorised to drive the vehicle at the time of the offence;
- The fact that, although a responsible person for the vehicle expressly or impliedly authorised the person who allegedly committed the offence in respect of which the vehicle was impounded (the alleged offender) to drive the vehicle, the responsible person had no grounds to suspect the alleged offender would drive in a manner that contravened this Act.