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Road Traffic Act 1974

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This is the original version (as it was originally enacted).

5Provisions supplementary to sections 1 to 4 and Schedule 1

(1)In sections 1 to 4 above and Schedule 1 to this Act,—

  • " appropriate period ", in relation to a notice under section 1(6) or section 2(6) above, means the period of 14 days from the date on which the notice is served, or such longer period as may be specified in the notice or as may be allowed by the chief officer of police or authority by or on behalf of whom the notice was served;

  • " driver ",—

    (a)

    in relation to the alleged offence referred to in section 1(1) above, means the person by whom, assuming the alleged offence to have been committed, it was committed ; and

    (b)

    in relation to an excess charge, as defined below, and in relation to an offence of failing duly to pay such a charge, means the person driving the vehicle at the time it was left in the parking place concerned;

  • " excess charge " has the same meaning as in section 36 of the 1967 Act;

  • " fixed penalty " means a fixed penalty under section 80 of the 1967 Act and " fixed penalty notice" means a notice under that section offering a person the opportunity of the discharge of any liability to conviction of an offence by payment of such a fixed penalty;

  • " prescribed" means prescribed by regulations made by the Secretary of State contained in a statutory instrument subject to annulment by a resolution of either House of Parliament;

  • " relevant time ",—

    (a)

    in relation to the alleged offence referred to in section 1(1) above, means the time at which the offence is alleged to have been committed; and

    (b)

    in relation to an excess charge, as defined above, means the time when the vehicle was left in the parking place concerned, notwithstanding that the period in respect of which the excess charge was incurred did not begin at that time.

(2)Any reference in sections 1 to 4 above to a statutory statement of any description shall be construed in accordance with Schedule 1 to this Act.

(3)For the purposes of the provisions of this Act referred to in subsection (1) above, the owner of a vehicle shall be taken to be the person by whom the vehicle is kept; and for the purpose of determining, in the course of any proceedings brought by virtue of those provisions, who was the owner of a vehicle at any time, it shall be presumed that the owner was the person in whose name the vehicle was at that time registered under the Vehicles (Excise) Act 1971.

(4)Notwithstanding the presumption in subsection (3) above, it shall be open to the defence in any proceedings to prove that the person in whose name a vehicle was so registered at a particular time was not the person by whom the vehicle was kept at that time and to the prosecution to prove that the vehicle was kept by some other person at that time.

(5)A notice under section 1(6) or section 2(6) above may be served on any person—

(a)by delivering it to him or by leaving it at his proper address, or

(b)by sending it to him by post,

and where the person on whom such a notice is to be served is a body corporate it shall be duly served if it is served on the secretary or clerk of that body.

(6)For the purposes of subsection (5) above and of section 26 of the Interpretation Act 1889 (service of documents by post) in its application to that subsection, the proper address of any person on whom such a notice is to be served shall, in the case of the secretary or clerk of a body corporate, be that of the registered or principal office of that body, and in any other case shall be the last known address of the person to be served.

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