Clause 20

by deleting subsections (1) and (1A) and substituting the following subsections:“(1) Where the driver of a motor vehicle is alleged or is suspected to be guilty of an offence under this Act, the owner of the motor vehicle, when required by a police officer or an employee of the Authority to do so, must give to the police officer or the Authority’s employee, within 14 days after being so required, such information as to —

the identity and address of the person who was driving the motor vehicle at or about the time of the alleged offence; and

the driving licence held by that person.(1A) An owner of a motor vehicle who fails to give the information required of the owner under subsection (1) is guilty of an offence unless the owner proves, on a balance of probabilities, that the owner did not know and could not with reasonable diligence have ascertained the information required.(1B) Where the owner of a motor vehicle who is guilty of an offence under subsection (1A) holds a driving licence, and the driver of the motor vehicle is alleged or suspected to be guilty of an offence specified in Part I of the Third Schedule, the owner of the motor vehicle is presumed, until the contrary is proved, to be driving the motor vehicle at the time of the occurrence of the second‑mentioned offence.(1C) For the purposes of subsection (1A), where the owner of the motor vehicle is a company, a partnership or an unincorporated body, the owner is not deemed to have discharged the burden of proving that it could not, with reasonable diligence, have ascertained the information required under subsection (1) unless the owner also proves, on a balance of probabilities, that —

it had kept a proper and accurate record as required under subsection (8); but(b)the record shows no person having been permitted by the owner to drive the motor vehicle at or about the time of the alleged offence.”;

by deleting subsection (2) and substituting the following subsection:“(2) Where the driver of a motor vehicle is alleged or is suspected to be guilty of an offence under this Act, any other person who was or should have been in charge of the motor vehicle, when required by a police officer or an employee of the Authority to do so, must give to the police officer or the Authority’s employee, within 14 days after being so required, any information which the person has power to give, and which may lead to the identification of the driver, and if that person fails to do so, that person is guilty of an offence.”; and

by deleting the words “subsection (1)” in subsection (7) and substituting the words “subsection (1A)”.