Part IX Further Provisions as to Enforcement

General provisions

112 Information as to identity of driver or rider.

1

This section applies to any offence under any of the foregoing provisions of this Act except—

a

sections 43, 52, 88(7), 104, 105 and 108;

b

the provisions of subsection (2) or (3) of section 108 as modified by subsections (2) and (3) of section 109; and

c

section F135A(5) in its application to England and Wales.

2

Where the driver of a vehicle is alleged to be guilty of an offence to which this section applies—

a

the person keeping the vehicle shall give such information as to the identity of the driver as he may be required to give—

i

by or on behalf of a chief officer of police, or

ii

in the case of an offence under section F235A(1) or against section 47 of this Act, by or on behalf of a chief officer of police or, in writing, by or on behalf of the local authority for the parking place in question; and

b

any other person shall, if required as mentioned in paragraph (a) above, give any information which it is in his power to give and which may lead to the identification of the driver.

3

In subsection (2) above, references to the driver of a vehicle include references to the person riding a bicycle or tricycle (not being a motor vehicle); and—

F3a

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

b

in relation to an offence under section 61(5) of this Act, subsection (2)(a) above shall have effect as if, for sub-paragraphs (i) and (ii), there were substituted the words “by a notice in writing given to him by a local authority in whose area the loading area in question is situated”,

and in subsection (2)(a) above, as modified by paragraph (b) of this subsection, “local authority” means any of the following, that is to say, a county council, F4. . . , a district council, a London borough council and the Common Council of the City of London.

4

Except as provided by subsection (5) below, a person who fails to comply with the requirements of subsection (2)(a) above shall be guilty of an offence unless he shows to the satisfaction of the court that he did not know, and could not with reasonable diligence have ascertained, who was the driver of the vehicle or, as the case may be, the rider of the bicycle or tricycle; and a person who fails to comply with the requirements of subsection (2)(b) above shall be guilty of an offence.

5

As regards Scotland, subsection (4) above shall not apply where the offence of which the driver of the vehicle is alleged to be guilty is an offence under section 61(5) of this Act.