Clause 8

by inserting, immediately after subsection (1), the following subsection:“(1A) For the purposes of subsection (1), where the owner of the motor vehicle is a company, a partnership or an unincorporated body, such owner shall not be deemed to have discharged the burden of proving that it could not, with reasonable diligence, have ascertained the information required under that subsection unless such owner also proves to the satisfaction of the court that —

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

by inserting, immediately after the word “wilfully” in subsection (3), the words “or recklessly”; and

by inserting, immediately after subsection (7), the following subsections:“(8) Where the owner of a vehicle is a company, a partnership or an unincorporated body, it shall be the duty of such owner to keep a proper and accurate record of each occasion on which it permits any person to drive the motor vehicle, whether or not such person is a director, member, partner, officer, employee or agent of such owner or otherwise, and whether or not such person is permitted to drive the motor vehicle in the course of his employment with such owner or otherwise.(9) The record required to be kept under subsection (8) —

shall contain —

the registration number of the motor vehicle;

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

the date and time, or the period, during which the motor vehicle is allocated to such person for him to drive it; and

shall be retained by the owner of the motor vehicle for a period of at least 6 months beginning with the date, or with the date of the commencement of the period, referred to in paragraph (a)(iii).”.