95.—(1) Any person who, being in charge of a vehicle on a road, permits any solid or liquid matter from the vehicle, or being carried on the vehicle, to drop or be spilled on the carriageway of a road in such quantity as to create, or be likely to create, a danger or substantial inconvenience to persons using the road, shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.
(2) For the purposes of paragraph (1)—
(a)a person is in charge of a vehicle if, as owner or otherwise, he has immediate charge or control of the vehicle, or if he is entitled to give orders to the person having such charge or control; and
(b)“vehicle” includes anything towed by a vehicle.
(3) Any person who intentionally or recklessly permits any filth, dirt, lime, oil or other offensive matter to run or flow onto a road from any adjoining land shall be guilty of an offence and liable on summary conviction to a fine not exceeding level 2 on the standard scale.
(4) Where—
(a)a person permits any matter to drop or be spilled on, or run or flow onto, a road in contravention of paragraph (1) or (3); and
(b)does not remove that matter as soon as is practicable,
then (whether or not proceedings are instituted for an offence under paragraph (1) or (3)) the Department may—
(i)remove that matter from the road, and
(ii)recover from that person any expenses thereby reasonably incurred by it.
(5) The Department may dispose of any matter removed by it under paragraph (4) in such manner as it thinks fit.
(6) Where a person is convicted of an offence under paragraph (3), the Department may serve a notice on him requiring him to carry out such works as are necessary to prevent further matter running or flowing onto a road in contravention of that paragraph.
(7) Article 58 applies to a notice served under paragraph (6) as it applies to a notice served as mentioned in paragraph (1) of that Article.