In section 96 of the 1968 Act (restrictions on drivers’ hours), after subsection (11A) (added by the M1) 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.”