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Road Traffic Act 1988

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This is the original version (as it was originally enacted).

6(1)An accused who in any proceedings for an offence under section 17 or 18(4) of this Act wilfully applies to a helmet or, as the case may be, appliance a warranty not given in relation to that helmet or appliance is guilty of an offence.

(2)A person who, in respect of a helmet or appliance sold by him, being a helmet or appliance in respect of which a warranty might be pleaded under paragraph 5 of this Schedule, gives to the purchaser a false warranty in writing, is guilty of an offence, unless he proves that when he gave the warranty he had reason to believe that the statements or description contained in it were accurate.

(3)Where the accused in a prosecution for an offence under section 17 or 18 (4) of this Act relies successfully on a warranty given to him or his employer, any proceedings under sub-paragraph (2) above in respect of the warranty may, at the option of the prosecutor, be taken either—

(a)before a court having jurisdiction in the place where the helmet or appliance, or any of the helmets or appliances, to which the warranty relates was procured, or

(b)before a court having jurisdiction in the place where the warranty was given.

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