Road Traffic Act 2010

Transitional measure — onus of proof in respect of named driver and discharge duties of registered owner — section 103(4) of Principal Act.

48.— (1) Where a registered owner is giving or sending in accordance with subsection (4)(i) of section 103 (inserted by section 11 of the Act of 2002) of the Principal Act the name and address of the person who was driving or otherwise using the vehicle concerned, the onus is on the registered owner to be able to show proof of giving or sending the name and address. In a prosecution for an offence under subsection (13) of that section in the absence of such proof it shall be presumed, until the contrary is shown, that no such name or address was so given or sent.

(2) For the purposes of subsection (5)(b) of section 103 of the Principal Act where the registered owner of the vehicle concerned is not an individual, the obligation under that provision shall be discharged by a person acting on behalf of or employed by the owner.

(3) Subsection (4) of section 103 of the Principal Act is amended by substituting for paragraph (b) (inserted by section 18(b) of the Act of 2004) the following:

“(b) the registered owner of the vehicle was not driving or otherwise using the vehicle at the time of the commission of the alleged offence to which the notice relates,”.

(4) This section stands repealed on the commencement of section 35 .