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The Road Traffic Offenders (Northern Ireland) Order 1996

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This is the original version (as it was originally made).

Enforcement or proceedings against owner

69.—(1) This Article applies where—

(a)a fixed penalty notice relating to an offence has been fixed to a vehicle under Article 67,

(b)a notice to owner relating to the offence has been served on any person under Article 68(2) before the end of the period of 6 months beginning with the day on which the fixed penalty notice was fixed to the vehicle, and

(c)the fixed penalty has not been paid in accordance with this Part before the end of the period allowed for response to the notice to owner.

(2) Subject to paragraph (4) and to Article 68(7)(b), a sum equal to the fixed penalty plus one-half of the amount of that penalty may be registered under Article 76 for enforcement against the person on whom the notice to owner was served as a fine.

(3) Subject to paragraph (4) and to Article 70, proceedings may be brought in respect of the offence against the person on whom the notice to owner was served.

(4) If the person on whom the notice to owner was served—

(a)was not the owner of the vehicle at the time of the alleged offence, and

(b)provides a statutory statement of ownership to that effect in response to the notice before the end of the period allowed for response to the notice,

he shall not be liable in respect of the offence by virtue of this Article nor shall any sum determined by reference to the fixed penalty for the offence be so registered by virtue of this Article for enforcement against him as a fine.

(5) Subject to paragraph (6)—

(a)for the purposes of the institution of proceedings by virtue of paragraph (3) against any person on whom a notice to owner has been served, and

(b)in any proceedings brought by virtue of that paragraph against any such person,

it shall be conclusively presumed (notwithstanding that that person may not be an individual) that he was the driver of the vehicle at the time of the alleged offence and, accordingly, that acts or omissions of the driver of the vehicle at that time were his acts or omissions.

(6) That presumption does not apply in any proceedings brought against any person by virtue of paragraph (3) if, in those proceedings, it is proved that at the time of the alleged offence the vehicle was in the possession of some other person without the consent of the accused.

(7) Where—

(a)by virtue of paragraph (3) proceedings may be brought in respect of an offence against a person on whom a notice to owner was served, and

(b)Article 79(1) does not apply,

Article 19(1)(a) of the [1981 NI 26.] Magistrates' Courts (Northern Ireland) Order 1981 (complaint must be made within 6 months of time offence committed) shall have effect as if for the reference to 6 months there were substituted a reference to 12 months.

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