SCHEDULES
SCHEDULE 12 Temporary Provisions as to Fixed Penalties
Liability of vehicle owner in respect of fixed penalty
5
1
This paragraph applies where—
a
a notice under paragraph 3 of this Schedule has been given under sub-paragraph (1), or affixed to a vehicle under sub-paragraph (4), of that paragraph;
b
the notice relates to an offence committed in respect of a stationary vehicle and falling within any of paragraphs (a) to (c) or within paragraph (f) of paragraph 2(2) of this Schedule (other than the offence, mentioned in paragraph 2(2)(b) above, of obstructing a road), and
c
the fixed penalty has not been paid within the period of 21 days mentioned in paragraph 3(1) of this Schedule or, if it is longer, the period fixed for payment by the notice.
2
Subject to the following provisions of this paragraph—
a
for the purposes of the institution of proceedings in respect of the alleged offence against any person as being the owner of the vehicle at the relevant time, and
b
in any proceedings in respect of the alleged offence brought against any person as being the owner of the vehicle at the relevant time,
it shall be conclusively presumed (notwithstanding that the person may not be an individual) that he was the driver of the vehicle at that time and, accordingly, that acts or omissions of the driver of the vehicle at that time were his acts or omissions.
3
Sub-paragraph (2) above shall not apply in relation to any person unless, within the period of 6 months beginning on the day on which the notice under paragraph 3 of this Schedule was given or affixed as mentioned in sub-paragraph (1)(a) above, a notice under sub-paragraph (6) below has been served on him by or on behalf of the chief officer of police.
4
If the person on whom a notice under sub-paragraph (6) below is served in accordance with sub-paragraph (3) above was not the owner of the vehicle at the relevant time, sub-paragraph (2) above shall not apply in relation to him if he furnishes a statutory statement of ownership under this Schedule to that effect in compliance with the notice.
5
The presumption in sub-paragraph (2) above shall not apply in any proceedings brought against any person as being the owner of the vehicle at the relevant time if, in those proceedings, it is proved—
a
that at the relevant time the vehicle was in the possession of some other person without the consent of the accused, or
b
that the accused was not the owner of the vehicle at the relevant time and that he has a reasonable excuse for failing to comply with the notice under sub-paragraph (6) below served on him in accordance with sub-paragraph (3) above.
6
A notice under this sub-paragraph shall be in the prescribed form, shall give particulars of the alleged offence and of the fixed penalty concerned, and shall provide that, unless the fixed penalty is paid before the expiry of the appropriate period, the person on whom the notice is served—
a
is required, before the expiry of that period, to furnish to the chief officer of police by or on behalf of whom the notice was served a statutory statement of ownership under this Schedule (as defined by paragraph 9 below), and
b
is invited, before the expiry of that period, to furnish to that chief officer of police a statutory statement of facts under this Schedule (as defined by that paragraph).