Road Traffic (Miscellaneous Amendments) Bill

in subsection (1), replace “any period” with “any disqualification period”; and

after subsection (4), insert —“(5) In this section, “disqualification period”, for an offender against whom an order is made under subsection (1) in addition to the punishment imposed for an offence (called in this subsection the relevant offence), means the period for which the offender is disqualified from holding or obtaining a driving licence by that order, starting on the later of the following dates:

the date of the offender’s conviction for the relevant offence;

the date the offender is released from prison and is no longer serving any sentence of imprisonment, if the offender is or was sentenced to imprisonment (whether for the relevant offence or any other offence) before or at the same hearing where the offender is sentenced for the relevant offence.”.

in subsection (1), replace “or an order of a court” with “(called in this section the relevant conviction) or an order of a court (called in this section the relevant order)”;

in subsection (1), replace “the date of commencement of section 3 of the Road Traffic (Miscellaneous Amendments) Act 2025” with “1 January 2026”;

in subsection (2), replace the definition of “disqualification period” with —“ “disqualification period” means the period for which a person is disqualified from holding or obtaining a driving licence because of the relevant conviction or the relevant order, starting on the later of the following dates:

the date of the relevant conviction or the relevant order;

the date the person is released from prison and is no longer serving any sentence of imprisonment, if the person was sentenced to imprisonment (whether in relation to the relevant conviction or any other conviction) before or at the same hearing where the person was sentenced for the relevant conviction or at which the relevant order was made;”; and

in subsection (2), in the definition of “period of imprisonment”, replace “of the person’s release from prison” with “the person is released from prison and is no longer serving any sentence of imprisonment”.

A person (X) commits an offence if —

X drives a motor vehicle on a road in such a manner which endangers the life or safety of any person (whether or not the person is in a vehicle);

X drives in that manner for the purpose of endangering the life or safety of a particular person (Y) (whether or not Y is in a vehicle); and

death or grievous hurt is caused to any person (whether or not the person is Y and whether or not the person is in a vehicle) by the driving of the motor vehicle by X.Illustrations (a) A is driving a motor car on a road. B is driving another motor car in front of A. A manoeuvres A’s car in front of B’s car and brakes suddenly. This endangers B’s personal safety. A does so for the purpose of endangering B’s personal safety. B loses control of B’s car and crashes into C who is riding a motor cycle. C dies as a result. A is guilty of an offence under subsection (1). (b) A is driving a motor car on a road. B is riding a motor cycle in front of A. A drives closely behind B and presses A’s car horn several times. This endangers B’s personal safety. A does so for the purpose of endangering B’s personal safety. A loses control of A’s car and collides with the back of B’s motor cycle. B crashes and dies as a result. A is guilty of an offence under subsection (1). (c) A is driving a motor car on a road. B is riding a motor cycle on the same road. Both parties start racing with one another. A swerves into B’s lane for the purpose of endangering B’s personal safety. This endangers B’s personal safety. B fails to take evasive action and collides into A’s car. B is thrown off B’s motor cycle and dies as a result. A is guilty of an offence under subsection (1).(2) A person who is guilty of an offence under subsection (1) —

shall on conviction be punished with imprisonment for a term not exceeding 15 years; and

in addition, shall be liable on conviction to a fine or to caning, or to both.(3) A court convicting a person of an offence under subsection (1) is to order that the person be disqualified from holding or obtaining a driving licence for life, starting on the date of the person’s conviction, unless the court for special reasons thinks fit to order a shorter disqualification period that is equal to or longer than 10 years.(4) Where a person is convicted of abetting the commission of an offence under subsection (1) and it is proved that the person was present in the motor vehicle used in the commission of the offence at the time of the commission of the offence, the person is, for the purposes of sections 42(1)(a) and 44(1), deemed to be a person convicted of an offence in connection with the driving of a motor vehicle. (5) Any police officer may arrest without warrant any person who has committed or is committing an offence under subsection (1).(6) Despite the Criminal Procedure Code 2010, a District Court or a Magistrate’s Court has jurisdiction to try an offence under subsection (1) and has power to impose the full punishment specified in this section.(7) In this section —“disqualification period”, for an offender convicted of an offence (called in this subsection the relevant offence) under subsection (1), means the period for which the offender is disqualified from holding or obtaining a driving licence because of that conviction for the relevant offence, starting on the later of the following dates:

the date of the offender’s conviction for the relevant offence;

the date the offender is released from prison and is no longer serving any sentence of imprisonment, if the offender is or was sentenced to imprisonment (whether for the relevant offence or any other offence) before or at the same hearing where the offender is sentenced for the relevant offence;“grievous”, in relation to hurt, has the meaning given by section 320 (except paragraph (aa)) of the Penal Code 1871;“hurt” has the meaning given by section 319 of the Penal Code 1871.”.

in subsection (7)(a), replace “5 years” with “7 years”;

in subsection (7)(b), replace “10 years” with “13 years”;

in subsection (7)(c), replace “one year” with “18 months”;

in subsection (7)(d), replace “2 years” with “3 years and 6 months”;

in subsection (9), replace “shorter period of disqualification” with “shorter disqualification period”;

in the following provisions, replace “the date of commencement of section 5 of the Road Traffic (Miscellaneous Amendments) Act 2025” wherever it appears with “12 June 2025”:Subsection (9)(b), (e), (h) and (j)Subsection (10)(a), (b), (c) and (d)Subsection (11)(a) and (b)(i);

in subsection (10), replace “shorter period” with “shorter disqualification period”;

in subsection (11)(a)(ii), after “section”, insert “63A,”;

replace subsection (12) with —“(12) Where a person is convicted of abetting the commission of an offence under this section and it is proved that the person was present in the motor vehicle used in the commission of the offence at the time of the commission of the offence, the person is, for the purposes of sections 42(1)(a) and 44(1), deemed to be a person convicted of an offence in connection with the driving of a motor vehicle.”; and

in subsection (16), replace the definition of “disqualification period” with —“ “disqualification period”, for an offender convicted of an offence (called in this subsection the relevant offence) under this section or section 65 (as the case may be), means the period for which the offender is disqualified from holding or obtaining a driving licence because of that conviction for the relevant offence, starting on the later of the following dates:

the date of the offender’s conviction for the relevant offence;

the date the offender is released from prison and is no longer serving any sentence of imprisonment, if the offender is or was sentenced to imprisonment (whether for the relevant offence or any other offence) before or at the same hearing where the offender is sentenced for the relevant offence;”.

in subsection (7)(c), replace “12 months” with “18 months”;

in subsection (7)(d), replace “2 years” with “3 years and 6 months”;

in subsection (9), replace “shorter period of disqualification” with “shorter disqualification period”;

in the following provisions, replace “the date of commencement of section 5 of the Road Traffic (Miscellaneous Amendments) Act 2025” wherever it appears with “12 June 2025”:Subsection (9)(b), (e), (h) and (j)Subsection (10)(a), (b), (c) and (d)Subsection (11)(a) and (b)(i);

in subsection (10), replace “shorter period” with “shorter disqualification period”; and

in subsection (11)(a)(ii), after “section”, insert “63A,”.

in the section heading, replace “Use of” with “Holding”;

in subsection (1), delete “and operates any of its communicative or other functions,”;

after subsection (1A), insert —“(1B) To avoid doubt, for the purposes of subsection (1), a driver who touches with his or her hand a mobile communication device which is secured in a mounting affixed to the vehicle, in the manner intended by the manufacturer of the mounting, does not hold the device.”; and

in subsection (3), in the definition of “repeat offender”, replace paragraphs (a), (b) and (c) with —“(a)an offence under subsection (1); or

an offence under section 65B as in force immediately before 1 February 2015,”.

in subsection (1)(a), delete “or” at the end;

in subsection (1)(b), after “blood”, insert “is equal to or”;

in subsection (1)(b), replace the comma at the end with “; or”;

in subsection (1), after paragraph (b), insert —“(c)has a specified substance present in his or her blood,”;

after subsection (1), insert —“(1A) In any proceedings for an offence under subsection (1)(c), it is a defence for the defendant to prove, on a balance of probabilities, that —

the specified substance was present in the defendant’s blood at the time of the alleged offence because the specified substance was lawfully smoked, inhaled, used or consumed by, or lawfully administered to or by, the defendant as authorised or exempted under —

the Misuse of Drugs Act 1973;

the Tobacco and Vaporisers Control Act 1993; or

the Intoxicating Substances Act 1987; and

the defendant did not know or have reason to believe that the smoking, inhalation, use or consumption by, or the administration to or by, the defendant, of the specified substance would affect his or her capacity, at the time of the alleged offence, to have proper control of a motor vehicle.”;

in subsection (2), replace “period of disqualification, order that the person be disqualified from holding or obtaining a driving licence for a period that is equal to or longer than the specified period corresponding to that case, starting on the date of the person’s conviction or, where the person is sentenced to imprisonment, on the date of the person’s release from prison” with “disqualification period, order that the person be disqualified from holding or obtaining a driving licence for a disqualification period that is equal to or longer than the specified period corresponding to that case”;

in subsection (2A), replace “shorter period of disqualification” with “shorter disqualification period”; and

replace subsection (4) with —“(4) In this section —“disqualification period”, for an offender convicted of an offence (called in this subsection the relevant offence) under this section, means the period for which the offender is disqualified from holding or obtaining a driving licence because of that conviction for the relevant offence, starting on the later of the following dates:

the date of the offender’s conviction for the relevant offence;

the date the offender is released from prison and is no longer serving any sentence of imprisonment, if the offender is or was sentenced to imprisonment (whether for the relevant offence or any other offence) before or at the same hearing where the offender is sentenced for the relevant offence;“repeat offender” means a person who is convicted of an offence under this section and who has been convicted (whether before, on or after 1 November 2019) on one other earlier occasion of —

an offence under subsection (1) or section 68; or

an offence under subsection (1) as in force immediately before 1 November 2019.”.

in paragraph (a), delete “64(1) (as in force immediately before the date of commencement of section 5 of the Road Traffic (Miscellaneous Amendments) Act 2025),”;

after paragraph (a), insert —“(aa)section 64(1) that is committed before 12 June 2025;”;

in paragraphs (b) and (ba), replace “the date of commencement of section 5 of the Road Traffic (Miscellaneous Amendments) Act 2025” with “12 June 2025”;

in paragraph (ba), delete “or” at the end; and

after paragraph (ba), insert —“(bb)section 63A(1) that is committed on or after the date of commencement of section 6 of the Road Traffic (Miscellaneous Amendments) Act 2026; or”.

in subsection (1)(a), delete “or” at the end;

in subsection (1)(b), after “blood”, insert “is equal to or”;

in subsection (1)(b), replace the comma at the end with “; or”;

in subsection (1), after paragraph (b), insert —“(c)has a specified substance present in his or her blood,”;

after subsection (1), insert —“(1A) In any proceedings for an offence under subsection (1)(c), it is a defence for the defendant to prove, on a balance of probabilities, that —

the specified substance was present in the defendant’s blood at the time of the alleged offence because the specified substance was lawfully smoked, inhaled, used or consumed by, or lawfully administered to or by, the defendant as authorised or exempted under —

the Misuse of Drugs Act 1973;

the Tobacco and Vaporisers Control Act 1993; or

the Intoxicating Substances Act 1987; and

the defendant did not know or have reason to believe that the smoking, inhalation, use or consumption by, or the administration to or by, the defendant, of the specified substance would affect his or her capacity, at the time of the alleged offence, to have proper control of a motor vehicle.”;

replace subsection (2) with —“(2) For the purpose of subsection (1), a person is deemed not to have been in charge of a motor vehicle if the person proves, on a balance of probabilities —

that at the material time the circumstances were such that there was no likelihood of the person’s driving the vehicle so long as —

he or she remained so unfit to drive;

the proportion of alcohol in his or her breath or blood remained equal to or in excess of the prescribed limit; or

the specified substance was present in his or her blood; and

that the person had not driven the vehicle on a road or other public place between —

the time he or she became so unfit to drive and the material time;

the time when the proportion of alcohol in his or her breath or blood first became equal to, or first exceeded, the prescribed limit and the material time; or

the time when the specified substance became present in his or her blood and the material time.”; and

in subsection (3), replace “of the offender’s release from prison” with “the offender is released from prison and is no longer serving any sentence of imprisonment”.

replace the section heading with “Breath tests, etc.”;

in subsections (1), (3A) and (5)(a) and (b), replace “preliminary breath test” with “breath test”;

after subsection (1), insert —“(1A) A police officer may, for the prevention or detection of an offence under section 67 or 68 and before requiring the person to provide a specimen of his or her breath for a breath test under subsection (1), subject the person to a passive breath test.”;

replace subsection (2) with —“(2) A person may be required under subsection (1) to provide a specimen of his or her breath —

at or near the place where the requirement is made; or

if the police officer making the requirement thinks fit, at a police station specified by the police officer.”;

in subsection (3), replace “A preliminary breath test required under subsection (1)” with “A breath test required under subsection (1), and a passive breath test mentioned in subsection (1A),”;

in subsection (4), replace “pursuant to this section” with “under subsection (1) or (3A)”;

after subsection (4), insert —“(4A) If a person (X) is convicted of an offence under subsection (4) and it is shown that at the time of X’s involvement in an accident mentioned in subsection (1)(d) (if any) or of X’s arrest under subsection (5)(b) or (c), as the case may be —

X was driving or attempting to drive a motor vehicle on a road or any other public place — X shall, in lieu of the punishment prescribed under subsection (4), be liable to be punished as if the offence which X is convicted of were an offence under section 67; or

X was in charge of a motor vehicle on a road or any other public place — X shall, in lieu of the punishment prescribed under subsection (4), be liable to be punished as if the offence which X is convicted of were an offence under section 68.”; and

in subsection (5)(a), after “blood”, insert “is equal to or”.

in the section heading, after “Provision of”, insert “blood”;

replace subsections (1), (2) and (3) with —“(1) A police officer may, subject to the provisions of this section, require a person (X) to provide to a registered medical practitioner or nurse, at any place that may be determined by the police officer, a specimen of blood for a laboratory test for the purpose of investigating whether X has committed an offence under section 67 or 68 if —

X is arrested under section 69(5); or

X is at a hospital as a patient and the police officer making the requirement has reasonable cause to suspect that —

X has alcohol in X’s body; or

X is under the influence of a drug, a psychoactive substance or an intoxicating substance.(2) A requirement under subsection (1)(a) to provide a specimen of blood must not be made unless —

the police officer making the requirement has reasonable cause to believe that for medical reasons a specimen of breath for a breath test under section 69(1) or (3A) cannot be provided or should not be required;

when the requirement is made, there is no breath analysing device of a type approved for a breath test under section 69(1) or (3A) at the hospital, or at the police station or at or near the place where the arrest was made, or it is for any other reason not practicable to conduct a breath test under that section; or

the police officer making the requirement has reasonable cause to suspect that the person required to provide the specimen is under the influence of a drug, a psychoactive substance or an intoxicating substance.(3) A requirement under this section to provide a specimen of blood may be made even though the person required to provide the specimen has already provided or been required to provide a specimen of his or her breath for a breath test under section 69(1) or (3A).”;

in subsection (4), after “specimen”, insert “of blood for a laboratory test”; and

in subsection (5), after “under this section to provide a specimen”, insert “of blood”.

Before taking a specimen of breath for a breath test from a person (X) who is at a hospital as a patient, the police officer taking the specimen, the registered medical practitioner or nurse in immediate charge of X’s case, and any other person who is giving instruction in relation to or overseeing the taking of the specimen, must each satisfy himself or herself that it does not endanger X.(2) Before taking a specimen of blood for a laboratory test from a person (Y) mentioned in section 70(1), the registered medical practitioner or nurse taking the specimen, and any other person who is giving instruction in relation to or overseeing the taking of the specimen, must each satisfy himself or herself that it does not endanger Y.”.

replace subsection (1) with —“(1) In proceedings for an offence under section 67 or 68, evidence of the proportion of alcohol or of any drug, psychoactive substance or intoxicating substance in a specimen of breath or blood provided by the accused under section 69 or 70 (as the case may be) is to be taken into account.(1A) Where the proceedings are for an offence under —

section 67(1)(a) or 68(1)(a) and it is alleged that, at the time of the offence, the accused was unfit to drive in that he or she was under the influence of drink; or

section 67(1)(b) or 68(1)(b),subject to subsection (2), it is to be assumed that the proportion of alcohol in the accused’s breath or blood at the time of the alleged offence was not less than that in the accused’s specimen of breath or blood provided under section 69 or 70, as the case may be.(1B) Where the proceedings are for an offence under section 67(1)(c) or 68(1)(c), subject to subsection (2A), it is to be assumed that the specified substance was present in the accused’s blood at the time of the alleged offence if it is present in the accused’s specimen of blood provided under section 70.”;

in subsection (2), replace “subsection (1) must not be made if the accused proves” with “subsection (1A) must not be made if the accused proves, on a balance of probabilities”;

after subsection (2), insert —“(2A) Where the proceedings are for an offence under section 67(1)(c) or 68(1)(c), the assumption mentioned in subsection (1B) must not be made if the accused proves, on a balance of probabilities —

that he or she smoked, inhaled, used, consumed, administered, or was administered, the specified substance after he or she had ceased to drive, attempt to drive or be in charge of a motor vehicle on a road or any other public place and before he or she provided the specimen of blood; and

that had he or she not done so (or been so administered) the specified substance would not have been present in his or her blood.”; and

in subsection (4), after “registered medical practitioner” wherever it appears, insert “or nurse”.

in the section heading, after “registered medical practitioner”, insert “or nurse”; and

in subsection (1), after “registered medical practitioner” wherever it appears, insert “or nurse”.

in subsection (1), in the definition of “authorised analyst”, after “registered medical practitioner”, insert “, nurse”;

in subsection (1), after the definition of “intoxicating substance”, insert —“ “nurse” means a registered nurse or enrolled nurse within the meaning given by section 2 of the Nurses and Midwives Act 1999;“passive breath test” means a contactless test using ambient air samples to assess whether there is alcohol present in a person’s breath, by means of a breath analysing device of a type approved by the Deputy Commissioner of Police;”;

in subsection (1), delete the definition of “preliminary breath test”;

in subsection (1), in the definition of “prescribed limit”, in paragraph (a), replace “35 microgrammes” with “15 microgrammes”;

in subsection (1), in the definition of “prescribed limit”, in paragraph (b), replace “80 milligrammes” with “30 milligrammes”;

in subsection (1), in the definition of “psychoactive substance”, in paragraph (b), replace the full‑stop at the end with a semi‑colon;

in subsection (1), after the definition of “psychoactive substance”, insert —“ “specified substance” means any substance which is —

a controlled drug within the meaning given by section 2 of the Misuse of Drugs Act 1973;

a psychoactive substance; or

an intoxicating substance.”;

in subsection (1A), replace “definition of “breath test”” with “definition of “breath test” or “passive breath test” (as the case may be)”; and

in subsection (3), after “registered medical practitioner”, insert “or nurse”.

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 —

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.(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 —

is guilty of an offence under subsection (3); and

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 —

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 police officer;

an employee of the Authority;

an outsourced enforcement officer; or (d)an individual who is —

appointed under this subsection by the Deputy Commissioner of Police as an authorised individual for the purposes of this section and section 81A;

authorised by the Deputy Commissioner of Police to exercise the powers under this section and section 81A; and

acting within that authorisation.Use of computer program to impose requirement to give information81A.—

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:

to assess, based on any recorded image or video recording, if there is sufficient evidence that —

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

a particular motor vehicle is the motor vehicle mentioned in sub‑paragraph (i);

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 —

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.(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 —

is guilty of an offence under subsection (3); and

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 —

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 notice under subsection (1)(b) is served on an affected owner; or

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 —

at the time of the alleged offence, the motor vehicle mentioned in subsection (1) was not at the place of the alleged offence; or

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 —

review the evidence mentioned in subsection (1)(a); and

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.—

A person required under section 81(1) or (2) or 81A(1)(b) or (2) to give information commits an offence if —

the person —

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

knows or ought reasonably to know that, or is reckless as to whether, the information is false or misleading in a material particular; or

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 —

that a motor vehicle was on a particular occasion being driven by or belonged to that person; or

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 —

to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 3 months or to both; and

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.—

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) —

must 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 the person for him or her to drive it; and

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 —

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;

for a partnership, any partner of the partnership; or

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.”.

replace subsection (9) with —“(9) Where —

a person (A) is convicted of an offence under subsection (7) arising from A’s failure to comply with subsection (3); and

the court convicting A is satisfied that A had in driving or attempting to drive a motor vehicle at the time of the accident mentioned in subsection (3) caused any serious injury or death to another person,the court is to order that A be disqualified from holding or obtaining a driving licence for a disqualification period that is equal to or longer than 12 months, unless the court for special reasons thinks fit to not so order, or to order a shorter disqualification period.”; and

after subsection (11), insert —“(12) In this section, “disqualification period”, for an offender (A) convicted of an offence (called in this subsection the relevant offence) under subsection (7) arising from A’s failure to comply with subsection (3), means the period for which A is disqualified from holding or obtaining a driving licence because of that conviction for the relevant offence, starting on the later of the following dates:

the date of A’s conviction for the relevant offence;

the date A is released from prison and is no longer serving any sentence of imprisonment, if A is or was sentenced to imprisonment (whether for the relevant offence or any other offence) before or at the same hearing where A is sentenced for the relevant offence.”.

in subsection (9), replace “, unless the court for special reasons thinks fit to not order or to order a shorter period of disqualification, order that the person be disqualified from holding or obtaining a driving licence for a period that is equal to or longer than 12 months starting on the date of the person’s conviction or, if the person is sentenced to imprisonment, on the date of the person’s release from prison” with “order that the person be disqualified from holding or obtaining a driving licence for a disqualification period that is equal to or longer than 12 months, unless the court for special reasons thinks fit to not so order, or to order a shorter disqualification period”; and

after subsection (9), insert —“(10) In this section, “disqualification period”, for an offender convicted of an offence (called in this subsection the relevant offence) under subsection (7), means the period for which the offender is disqualified from holding or obtaining a driving licence because of that conviction for the relevant offence, starting on the later of the following dates:

the date of the offender’s conviction for the relevant offence;

the date the offender is released from prison and is no longer serving any sentence of imprisonment, if the offender is or was sentenced to imprisonment (whether for the relevant offence or any other offence) before or at the same hearing where the offender is sentenced for the relevant offence.”.

in subsection (3), replace “period of disqualification” with “disqualification period”;

in subsection (3), replace “period of 12 months starting on the date of the person’s conviction or, if the person is sentenced to imprisonment, on the date of the person’s release from prison” with “disqualification period of 12 months”; and

after subsection (8), insert —“(9) In this section, “disqualification period”, for an offender convicted of an offence (called in this subsection the relevant offence) under this section, means the period for which the offender is disqualified from holding or obtaining a driving licence because of that conviction for the relevant offence, starting on the later of the following dates:

the date of the offender’s conviction for the relevant offence;

the date the offender is released from prison and is no longer serving any sentence of imprisonment, if the offender is or was sentenced to imprisonment (whether for the relevant offence or any other offence) before or at the same hearing where the offender is sentenced for the relevant offence.”.