SCHEDULES
F1SCHEDULE 12
Hired vehicles
7
1
This paragraph shall apply where—
a
a notice under paragraph 5(6) of this Schedule has been served on a vehicle-hire firm, and
b
at the relevant time the vehicle in respect of which the notice was served was let to another person by the vehicle-hire firm under a hiring agreement to which this paragraph applies.
2
Where this paragraph applies, it shall be a sufficient compliance with the notice served on the vehicle-hire firm if the firm furnishes to the chief officer of police by or on behalf of whom the notice was served a statement in the prescribed form, signed by or on behalf of the vehicle-hire firm, stating that at the relevant time the vehicle concerned was hired under a hiring agreement to which this paragraph applies, together with—
a
a copy of that hiring agreement, and
b
a copy of a statement of liability under this Schedule in the prescribed form, signed by the hirer under that hiring agreement;
and accordingly, in relation to the vehicle-hire firm on whom the notice is served, the reference in paragraph 6(2) above to a statutory statement of ownership under this Schedule shall be construed as a reference to a statement under this sub-paragraph together with the copies specified in this sub-paragraph.
3
If, in a case where this paragraph applies, the vehicle-hire firm has complied with the notice served on the firm by furnishing the statement and copies of the documents specified in sub-paragraph (2) above, then paragraphs 5 and 6 of this Schedule shall have effect as if in those paragraphs—
a
any referecnee to the owner of the vehicle were a reference to the hirer under the hiring agreement, and
b
any reference to a statutory statement of ownership under this Schedule were a reference to a statutory statement of hiring under this Schedule (as defined by paragraph 9 below).
4
Where, in compliance with a notice under paragraph 5(6) of this Schedule, a vehicle-hire firm has furnished copies of a hiring agreement and statement of liability under this Schedule as mentioned in sub-paragraph (2) above, a person authorised in that behalf by the chief officer of police to whom the documents are furnished may, at any reasonable time within 6 months after service of that notice, and on production of his authority, require the production by the firm of the originals of those documents; and if, without reasonable excuse, a vehicle-hire firm fails to produce the original of a document when required to do so under this sub-paragraph, the firm shall be treated as not having complied with the notice under paragraph 5(6) of this Schedule.
5
This paragraph applies to a hiring agreement under the terms of which the vehicle concerned is let to the hirer for a fixed period of less than 6 months (whether or not that period is capable of extension by agreement between the parties or otherwise)X; and any reference in this paragraph to the currency of the hiring agreement includes a reference to any period during which, with the consent of the vehicle-hire firm, the hirer continues in possession of the vehicle as hirer, after the expiry of the fixed period specified in the agreement, but otherwise on terms and conditions specified in it.
6
Any reference to a statement of liability under this Schedule is a reference to a statement made by the hirer under a hiring agreement to which this paragraph applies to the effect that the hirer acknowledges that he will be liable, as owner of the vehicle, in respect of any offence which may be committed during the currency of the agreement and is an offence committed in respect of a stationary vehicle and falling within any of paragraphs (a) to (c) or within paragraph (f) of paragraph 2(2) of this Schedule (other than the offence, mentioned in paragraph 2(2)(b) above, of obstructing a road).
Sch. 12 repealed (19.11.1998) by 1998 c. 43, s. 1(1), Sch. 1 Pt. I Group 2