11(1)In this Schedule—
“appropriate period”, in relation to a notice under paragraph 5(6) of this Schedule, means the period of 14 days from the date on which the notice is served, or such longer period as may be allowed by the chief officer of police by or on behalf of whom the notice is served;
“driver”, in relation to the alleged offence referred to in paragraph 5(1) of this Schedule, means the person by whom, assuming the alleged offence to have been committed, it was committed;
“the interim period” has the meaning assigned to it by paragraph 1 of this Schedule;
“relevant time”, in relation to the alleged offence referred to in paragaph 5(1) of this Schedule, means the time at which the offence is alleged to have been committed.
(2)For the purposes of this Schedule the owner of a vehicle shall be taken to be the peson by whom the vehicle is kept; and for the purpose of determining, in the course of any proceedings brought by virtue of this Schedule, who was the owner of the vehicle at any time, it shall be presumed that the owner was the person who was the registered keepr of the vehicle at that time.
(3)Notwithstanding the presumption in sub-paragraph (2) above it shall be open to the defence in any proceedings to prove that the person who was the registered keeper of a vehicle at a particular time was not the person by whom the vehicle was kept at that time, and it shall be open to the prosecution to prove that the vehicle was kept by some other person at that time.
(4)References in this Schedule to the person who was or is the registered keeper of a vehicle at any time are references to the person in whose name the vehicle was or is at that time registered under the M1Vehicles (Excise) Act 1971; and, in relation to any such person, the reference in paragraph 10(2)(a) above to that person’s registered address is a reference to the address recorded in the record kept under that Act with respect to that vehicle as being that person’s address.
Marginal Citations
M11971 c. 10(107:2).