38.—(1) If any obstruction is caused to vehicles using the authorised busway by a vehicle waiting, loading, unloading or breaking down on any part of the authorised busway, the person in charge of the vehicle shall forthwith remove it; and if he fails to do so the undertaker may take all reasonable steps to remove the obstruction and may recover the expenses reasonably incurred in doing so from—
(a)any person by whom the vehicle was put or left so as to become an obstruction to vehicles using the authorised busway; or
(b)any person who was the owner of the vehicle at that time unless he shows that he was not, at that time, concerned in or aware of the vehicle being so put or left.
(2) If any obstruction is caused to vehicles using the authorised busway by a load falling on the authorised busway from a vehicle, the person in charge of the vehicle shall forthwith remove the load from the authorised busway; and if he fails to do so, the undertaker may take all reasonable steps to remove the load and may recover the expenses reasonably incurred in doing so from—
(a)any person who was in charge of the vehicle at the time when the load fell from it; or
(b)any person who was the owner of the vehicle at that time unless he shows that he was not concerned in, or aware of, the vehicle being in the place at which the load fell from it.
(3) For the purposes of this article the owner of a vehicle shall be taken to be the person by whom the vehicle is kept; and in determining for those purposes who was the owner of the vehicle at any time, it shall be presumed (unless the contrary appears) that the owner was the person in whose name the vehicle was at that time registered under the Vehicles Excise and Registration Act 1994(1).