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legal
guide to UK motoring, sections for law enforcement, Driver licensing,
learner and new drivers, buying and selling, speeding fines, owning a
vehicle, wheel clamping, traffic information
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| Road
Traffic Act 1988 (c. 52) |
| 1988
c. 52 - continued |
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SCHEDULES
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SCHEDULE 1 |
| Sections
17 and 18. |
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Supplementary
Provisions in Connection with Proceedings for Offences under
Sections 17 and 18(4)
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Proceedings
in England and Wales
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1.—(1) A
person against whom proceedings are brought in England and Wales
for an offence under section 17 or 18(4) of this Act is, upon
information duly laid by him and on giving the prosecution not
less than three clear days' notice of his intention, entitled
to have any person to whose act or default he alleges that the
contravention of that section was due brought before the court
in the proceedings.
(2) If, after the contravention
has been proved, the original accused proves that the contravention
was due to the act or default of that other person—
(a) that
other person may be convicted of the offence, and
(b) if
the original accused further proves that he has used all due
diligence to secure that section 17 or, as the case may be,
18(4) was complied with, he shall be acquitted of the offence.
(3) Where
an accused seeks to avail himself of the provisions of sub-paragraphs
(1) and (2) above—
(a) the
prosecution, as well as the person whom the accused charges
with the offence, has the right to cross-examine him, if he
gives evidence, and any witness called by him in support of
his pleas, and to call rebutting evidence, and
(b) the
court may make such order as it thinks fit for the payment
of costs by any party to the proceedings to any other party
to the proceedings.
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2.—(1) Where—
(a) it
appears that an offence under section 17 or 18(4) of this
Act has been committed in respect of which proceedings might
be taken in England and Wales against some person (referred
to below in this paragraph as "the original offender" ), and
(b) a
person proposing to take proceedings in respect of the offence
is reasonably satisfied—
(i) that
the offence of which complaint is made was due to an act
or default of some other person, being an act or default
which took place in England and Wales, and
(ii) that
the original offender could establish a defence under paragraph
1 of this Schedule,
the
proceedings may be taken against that other person without
proceedings first being taken against the original offender.
(2) In
any such proceedings the accused may be charged with, and on
proof that the contravention was due to his act or default be
convicted of, the offence with which the original offender might
have been charged. |
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3.—(1) Where
proceedings are brought in England and Wales against a person
(referred to below in this paragraph as "the accused" ) in respect
of a contravention of section 17 or 18(4) of this Act and it
is proved—
(a) that
the contravention was due to the act or default of some other
person, being an act or default which took place in Scotland,
and
(b) that
the accused used all due diligence to secure compliance with
that section,
the
accused shall, subject to the provisions of this paragraph,
be acquitted of the offence.
(2) The accused is not entitled
to be acquitted under this paragraph unless within seven days
from the date of the service of the summons on him—
(a) he
has given notice in writing to the prosecution of his intention
to rely upon the provisions of this paragraph, specifying
the name and address of the person to whose act or default
he alleges that the contravention was due, and
(b) he
has sent a like notice to that person.
(3) The
person specified in a notice served under this paragraph is
entitled to appear at the hearing and to give evidence and the
court may, if it thinks fit, adjourn the hearing to enable him
to do so.
(4) Where it is proved that the
contravention of section 17 or 18(4) of this Act was due to
the act or default of some person other than the accused, being
an act or default which took place in Scotland, the court must
(whether or not the accused is acquitted) cause notice of the
proceedings to be sent to the Secretary of State. |
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Proceedings
in Scotland
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4.—(1) Where
a contravention of section 17 or 18(4) of this Act committed
by a person in Scotland (referred to in this sub-paragraph as
"the original offender" ) was due to the act or default of any
other person, being an act or default which took place in Scotland
then, whether or not proceedings are taken against the original
offender, that other person may be charged with and convicted
of the contravention and shall be liable on conviction to the
same punishment as might have been inflicted on the original
offender if he had been convicted of the contravention.
(2) Where a person (referred to
in this sub-paragraph as "the accused") who is charged in Scotland
with a contravention of section 17 or 18(4) of this Act proves
to the satisfaction of the court—
(a) that
he used all due diligence to secure that the provision in
question was complied with, and
(b) that
the contravention was due to the act or default of some other
person,
the
accused shall be acquitted of the contravention. |
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Proceedings
in Great Britain
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5.—(1) Subject
to the provisions of this paragraph, in any proceedings (whether
in England and Wales or Scotland) for an offence under section
17 or 18(4) of this Act it shall be a defence for the accused
to prove—
(a) that
he purchased the helmet or appliance in question as being
of a type which—
(i) in
the case of section 17, could be lawfully sold or offered
for sale under that section, and
(ii) in
the case of section 18(4), could be lawfully sold or offered
for sale under section 18 as authorised for use in the manner
in question,
and
with a written warranty to that effect, and
(b) that
he had no reason to believe at the time of the commission
of the alleged offence that it was not of such a type, and
(c) that
it was then in the same state as when he purchased it.
(2) A
warranty is only a defence in any such proceedings if—
(a) the
accused—
(i) has,
not later than three clear days before the date of the hearing,
sent to the prosecutor a copy of the warranty with a notice
stating that he intends to rely on it and specifying the
name and address of the person from whom he received it,
and
(ii) has
also sent a like notice of his intention to that person,
and
(b) in
the case of a warranty given by a person outside the United
Kingdom, the accused proves that he had taken reasonable steps
to ascertain, and did in fact believe in, the accuracy of
the statement contained in the warranty.
(3) Where
the accused is a servant of the person who purchased the helmet
or appliance in question under a warranty, he is entitled to
rely on the provisions of this paragraph in the same way as
his employer would have been entitled to do if he had been the
accused.
(4) The person by whom the warranty
is alleged to have been given is entitled to appear at the hearing
and to give evidence and the court may, if it thinks fit, adjourn
the hearing to enable him to do so. |
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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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7. In
this Schedule, "appliance" means an appliance to which section
18 of this Act applies. |
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