Onus of proof in vehicle offence may be shifted
225 Onus of proof in vehicle offence may be shifted
In this section —
vehicle offence means an offence of which the parking, standing or leaving of a vehicle is an element.
Where a vehicle offence is alleged to have been committed and the identity of the person committing the alleged offence is not known and cannot immediately be ascertained an officer of the relevant responsible authority who is a designated person under section 228 may give the owner of the vehicle a notice under this section.
The notice is to be in the form prescribed in the regulations and is to contain particulars of the alleged offence and require the owner to identify the person who was the driver or person in charge of the vehicle at the time when the offence is alleged to have been committed.
The notice may be addressed to the owner of the vehicle without naming, or stating the address of, the owner and may be given by —
attaching it to the vehicle or leaving it in or on the vehicle at or about the time that the alleged offence is believed to have been committed; or
giving it to the owner within 21 days after the alleged offence is believed to have been committed.
The notice is to include a short statement of the effect of subsection (6).
Unless, within 28 days after being served with the notice, the owner of the vehicle —
informs the responsible authority or an officer of the responsible authority authorised for the purposes of this paragraph as to the identity and address of the person who was the person in charge of the vehicle at the time the offence is alleged to have been committed; or
satisfies the responsible authority that the vehicle had been stolen or unlawfully taken, or was being unlawfully used, at the time the offence is alleged to have been committed,
the owner is, in the absence of proof to the contrary, deemed to have committed the offence.
[Section 225 amended: No. 8 of 2009 s. 100(5).]
This provision refers to the regulations (prescribed in the regulations
). Made under this Act:
- By-law providing for enforcement of any by-law made under section 30 · Regulation
- By-law under the Second Schedule of the Town Planning and Development Act 1928, clauses 4 and 11 · Regulation
- By-laws for the Control of Hoardings · Regulation
18 more instruments made under this Act are listed on the Act’s overview.
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