Road Traffic Act 1988

1 (1) A person against whom proceedings are brought in England and Wales for an offence under section [F1 15A,] 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. E+W+S

(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 [F1 15A,]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.

Textual Amendments

F1 Words in Sch. 1 para. 1 (1)(2)(b) inserted by Motor Vehicles (Safety Equipment for Children) Act 1991 (c. 14, SIF 107:1), s. 2(1)