In forceAmended2020 Revised Edition

Contents

Active Mobility Act 2017 · 2020 Revised Edition · Part 4 · Dealing in Personal Mobility Devices, Etc.

36A. Presumption concerning vehicle owner for section 35 offence

Amended

Last amended by an amending law of 2020.

Without limiting section 36, in proceedings for an offence under section 35, it is presumed, until the contrary is proved, that the person who is the owner of the vehicle in respect of which the offence is committed had altered or caused to be altered (whether in the course of repair or otherwise) the vehicle so as to render it a non‑compliant personal mobility device, non‑compliant PAB, non‑compliant bicycle or non‑compliant mobility vehicle (as the case may be) if it is proved that —

(a)

a certificate was issued under section 35C in respect of the vehicle; and

(b)

the person was the owner of the vehicle when the certificate under section 35C was issued.

Terms defined in s 2

non‑compliant bicycle
Defined · s 2
“non‑compliant bicycle” means a bicycle the construction, weight or accessories of which do not comply with the requirements as to construction, weight and accessories prescribed either for all bicycles generally or for the particular type of that bicycle;
Open s 2
non‑compliant mobility vehicle
Defined · s 2
“non‑compliant mobility vehicle” means a mobility vehicle the construction, weight or accessories of which do not comply with the requirements as to construction, weight and accessories prescribed under this Act either for all mobility vehicles generally or for the particular type of that mobility vehicle;
Open s 2
non‑compliant personal mobility device
Defined · s 2
“non‑compliant personal mobility device” means a personal mobility device the construction, weight or accessories of which do not comply with the requirements as to construction, weight and accessories prescribed either for all personal mobility devices generally or for the particular type of that personal mobility device;
Open s 2
owner
Defined · s 2
“owner”, in relation to a bicycle, PAB, personal mobility device or mobility vehicle, means —(a)for a registrable personal mobility device — the person who is recorded in the registrable PMD register as the registered responsible person for that device at the relevant time;(aa)for a registrable mobility vehicle — the person who is recorded in the registrable MV register as the registered responsible person for that vehicle at the relevant time;(b)for a PAB — the person who is registered as the owner of the PAB under the Road Traffic Act 1961 at the relevant time;(c)for a registrable personal mobility device the registration of which under Part 3A is cancelled, a registrable mobility vehicle the registration of which under Part 3B is cancelled or a PAB the registration of which under the Road Traffic Act 1961 is cancelled — the following person, as applicable:(i)the person who is last recorded in the registrable PMD register as the registered responsible person for that device;(ia)the person who is last recorded in the registrable MV register as the registered responsible person for that mobility vehicle;(ii)the person who is last recorded as the owner for that PAB under the Road Traffic Act 1961; and(d)for any other vehicle — the person who is —(i)a sole or joint owner of the vehicle;(ii)a person who solely, or jointly or in common with any other person, is entitled to the immediate possession of the vehicle; or(iii)for a vehicle which is the subject of a hiring agreement or hire‑purchase agreement, the person in possession or entitled to possession of the vehicle under that agreement;
Open s 2
PAB
Defined · s 2
“power‑assisted bicycle” or “PAB” means a bicycle that —(a)is equipped with an electric motor; and(b)may be propelled by human power or by the electric motor with which it is equipped, or by both;
Open s 2
repair
Defined · s 2
“repair” includes examine, detect faults in, adjust, carry out maintenance on, overhaul, replace, alter and paint;
Open s 2
vehicle
Defined · s 2
“vehicle” means any means of conveyance that runs on wheels, other than a train;
Open s 2

Report

Part 5

Administration and Enforcement

Read on from Part 5

Part 6

Miscellaneous

Read on from Part 6