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In section 96 of the 1968 Act (restrictions on drivers' hours), after subsection (11 A) (added by the [1972 c. 68.] European Communities Act 1972, with a view to penalising contraventions of the applicable Community rules), there shall be inserted—
“(11B)But a person shall not be liable to be convicted under subsection (11A) if—
(a)he proves the matters specified in paragraph (i) of subsection (11); or
(b)being charged as the offender's employer or a person to whose orders the offender was subject, he proves the matters specified in paragraph (ii) of that subsection”.
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