Suggest a correction

Replacement of section 81 and new sections 81A, 81B and 81C

Road Traffic (Miscellaneous Amendments) Bill

Match the official source exactly.

What needs fixing?

Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

Proposed text

In the RT Act, replace section 81 with —“Duty to give information81.—(1) Where the driver of a motor vehicle is alleged or is suspected to be guilty of an offence under this Act or the rules, the owner of the motor vehicle (called in this section the affected owner), when required under a notice issued by a relevant enforcement officer to do so, must give to the relevant enforcement officer, within 14 days after being served with the notice, such information specified in the notice as to —(a)the identity and address of the person who was driving the motor vehicle at or about the time of the alleged offence; and(b)the driving licence held by that person.(2) In addition, a relevant enforcement officer may issue a notice to any person (other than the affected owner) who was or should have been in charge of the motor vehicle mentioned in subsection (1) (called in this section the affected person), requiring the affected person to give to the relevant enforcement officer, within 14 days after being served with the notice, any information which the affected person has power to give and which may lead to the identification of the driver.(3) An affected owner who fails to give the information as required of the affected owner under subsection (1) is guilty of an offence unless the affected owner proves, on a balance of probabilities, that the affected owner did not know and could not with reasonable diligence have ascertained the information required.(4) In a case where the driver of a motor vehicle is alleged or is suspected to be guilty of an offence specified in Part 1 of the Third Schedule and the affected owner —(a)is guilty of an offence under subsection (3); and(b)holds a driving licence,the affected owner is presumed, until the contrary is proved, to have been the driver of the motor vehicle at the time of the occurrence of the firstmentioned offence.(5) For the purposes of subsection (3), where the affected owner is a company, a partnership or an unincorporated body, the affected owner is not taken to have discharged the burden of proving that it could not, with reasonable diligence, have ascertained the information required under subsection (1) unless the affected owner also proves, on a balance of probabilities, that —(a)the affected owner had kept a proper and accurate record as required under section 81C(1); but(b)the record shows no person having been permitted by the affected owner to drive the motor vehicle at or about the time of the alleged offence.(6) An affected person who fails to give the information as required of the affected person under subsection (2) is guilty of an offence.(7) In this section and sections 81A and 81B, “relevant enforcement officer” means —(a)a police officer;(b)an employee of the Authority;(c)an outsourced enforcement officer; or (d)an individual who is —(i)appointed under this subsection by the Deputy Commissioner of Police as an authorised individual for the purposes of this section and section 81A;(ii)authorised by the Deputy Commissioner of Police to exercise the powers under this section and section 81A; and(iii)acting within that authorisation.Use of computer program to impose requirement to give information81A.—(1) The Deputy Commissioner of Police may authorise the use of a computer program, operated under the Deputy Commissioner of Police’s oversight, for all or any of the following:(a)to assess, based on any recorded image or video recording, if there is sufficient evidence that —(i)a motor vehicle was involved in an unlawful act that, if proven, would constitute a prescribed offence under this Act or the rules (called in this section the alleged offence) which, for every physical element of the offence, there is no corresponding fault element; and(ii)a particular motor vehicle is the motor vehicle mentioned in sub‑paragraph (i);(b)if there is a positive assessment of the evidence mentioned in paragraph (a), to cause a notice to be issued to the owner of the motor vehicle involved (called in this section the affected owner), requiring the affected owner to give to the Deputy Commissioner of Police, within 14 days after being served with the notice, such information specified in the notice as to —(i)the identity and address of the person who was driving the motor vehicle at or about the time of the alleged offence; and(ii)the driving licence held by that person.(2) In addition, a relevant enforcement officer may issue a notice to any person (other than the affected owner) who was or should have been in charge of the motor vehicle mentioned in subsection (1) (called in this section the affected person), requiring the affected person to give to the relevant enforcement officer, within 14 days after being served with the notice, any information which the affected person has power to give and which may lead to the identification of the driver.(3) An affected owner who fails to give the information as required of the affected owner under subsection (1)(b) is guilty of an offence unless the affected owner proves, on a balance of probabilities, that the affected owner did not know and could not with reasonable diligence have ascertained the information required.(4) In a case where it is assessed under subsection (1)(a) that a motor vehicle was involved in an unlawful act that, if proven, would constitute an alleged offence which is specified in Part 1 of the Third Schedule, and the affected owner —(a)is guilty of an offence under subsection (3); and(b)holds a driving licence,the affected owner is presumed, until the contrary is proved, to have been the driver of the motor vehicle at the time of the occurrence of the firstmentioned offence.(5) For the purposes of subsection (3), where the affected owner is a company, a partnership or an unincorporated body, the affected owner is not taken to have discharged the burden of proving that it could not, with reasonable diligence, have ascertained the information required under subsection (1)(b) unless the affected owner also proves, on a balance of probabilities, that —(a)the affected owner had kept a proper and accurate record as required under section 81C(1); but(b)the record shows no person having been permitted by the affected owner to drive the motor vehicle at or about the time of the alleged offence.(6) An affected person who fails to give the information as required of the affected person under subsection (2) is guilty of an offence.(7) Where —(a)a notice under subsection (1)(b) is served on an affected owner; or(b)a notice under subsection (2) is served on an affected person,the affected owner or affected person (as the case may be) may apply within the prescribed time to the Deputy Commissioner of Police to revoke the notice on the basis that —(c)at the time of the alleged offence, the motor vehicle mentioned in subsection (1) was not at the place of the alleged offence; or(d)at the time of the alleged offence, the motor vehicle mentioned in subsection (1) was at the place of the alleged offence, but the alleged offence had not occurred.(8) Where an application is made under subsection (7), the Deputy Commissioner of Police or any public officer authorised by the Deputy Commissioner of Police must —(a)review the evidence mentioned in subsection (1)(a); and(b)confirm or revoke the notice which was issued to the affected owner or affected person, as the case may be.(9) Within the prescribed time and subject to any prescribed conditions, the Deputy Commissioner of Police or any public officer authorised by the Deputy Commissioner of Police may take the steps set out in subsection (8) even if no application is made under subsection (7).Other offences and evidential provisions relating to requirement to give information81B.—(1) A person required under section 81(1) or (2) or 81A(1)(b) or (2) to give information commits an offence if —(a)the person —(i)provides, or causes or permits to be provided, any information in connection with the requirement, which is false or misleading in a material particular; and(ii)knows or ought reasonably to know that, or is reckless as to whether, the information is false or misleading in a material particular; or(b)the person intentionally alters, suppresses or destroys any information which the person is required under section 81(1) or (2) or 81A(1)(b) or (2) to give, for the purpose of not leading to the identification of the driver.(2) A person commits an offence if the person pretends, or falsely represents (by word or conduct) himself or herself, to be a person who was driving the motor vehicle at or about the time of an alleged offence that is the subject of a requirement made under section 81(1) or (2) or 81A(1)(b) or (2), knowing that he or she was not the driver of the motor vehicle.(3) A person who is guilty of an offence under subsection (1) or (2) shall be liable on conviction to a fine not exceeding $10,000 or to imprisonment for a term not exceeding 12 months or to both.(4) Any person required under section 81(1) or (2) or 81A(1)(b) or (2) to give information may also be required to give the information in writing duly signed by that person.(5) Despite any other written law to the contrary, any information given under subsection (4), section 81 or 81A by any person charged with any offence under this Act or the rules or any offence in connection with the driving of a motor vehicle may be used as evidence without proof of signature at the hearing of the charge.(6) Despite any other written law to the contrary, any statement made by any person to a relevant enforcement officer —(a)that a motor vehicle was on a particular occasion being driven by or belonged to that person; or(b)that a motor vehicle belonged to a firm in which that person also stated that he or she was a partner or to a corporation of which that person stated that he or she was a director, officer or employee,is admissible in evidence without proof of signature for the purpose of determining by whom the motor vehicle was on that occasion being driven or who was in charge of it or to whom it belonged.(7) Any person who is guilty of an offence under section 81(3) or (6) or 81A(3) or (6) shall be liable on conviction —(a)to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; and(b)in the case of a second or subsequent conviction, to a fine not exceeding $2,000 or to imprisonment for a term not exceeding 6 months or to both.Record-keeping requirements for corporate owners of motor vehicles, etc.81C.—(1) Where the owner of a motor vehicle is a company, a partnership or an unincorporated body, it is the duty of the owner to keep (and to that end designate at least one of its responsible officers to ensure the keeping of) a proper and accurate record of each occasion on which any person is permitted by the owner to drive the motor vehicle, whether or not the person is a director, member, partner, officer, employee or agent of the owner or otherwise, and whether or not the person is permitted to drive the motor vehicle in the course of his or her employment with the owner or otherwise.(2) The record required to be kept under subsection (1) —(a)must contain —(i)the registration number of the motor vehicle;(ii)the name, address, driving licence number (whether local or foreign) and identity card or passport number of the person permitted by the owner of the motor vehicle to drive the motor vehicle; and(iii)the date and time, or the period, during which the motor vehicle is allocated to the person for him or her to drive it; and(b)must be retained by the owner of the motor vehicle for a period of at least 12 months beginning with the date, or with the date of the start of the period, mentioned in paragraph (a)(iii).(3) In subsection (1), “responsible officer” means —(a)for a company, the person for the time being holding the office of chairperson, managing director or company secretary of, or any position analogous to any of those offices in, the company;(b)for a partnership, any partner of the partnership; or(c)for an unincorporated body of persons, the person for the time being holding the office of president, secretary or treasurer of the governing body or a committee (or an equivalent body) of, or any position analogous to any of those offices in, the body of persons,and includes any person carrying out the duties of any such office mentioned in paragraph (a), (b) or (c) if that office is vacant.”.

What's the problem? (required)

Source link (optional)

Describe the problem (and edit the text or pick an issue type) to submit.

Suggestions are submitted anonymously. No account or personal information is required or sent.