Enforcement etc.

43 Evidence by certificate.

1

In any proceedings for an offence under this Act a certificate such as is mentioned in subsection (2) shall be evidence, and in Scotland sufficient evidence, of the facts stated in it.

2

The certificate referred to in subsection (1) is a certificate signed by or on behalf of a traffic commissioner which states—

a

that, on any date, a person was or was not the holder of an operator’s licence issued by the commissioner;

b

that, by virtue of a direction given by the commissioner under regulations made under section 48(2)(b) or (3), a person is to be treated as having been the holder of an operator’s licence on any date;

c

the date of the coming into force of any operator’s licence issued by the commissioner;

d

the date on which any operator’s licence issued by the commissioner ceased to be in force;

e

the terms and conditions of any operator’s licence issued by the commissioner;

f

that a person is by virtue of an order of the commissioner disqualified from holding or obtaining an operator’s licence, either indefinitely or for a specified period;

g

that a direction, having effect indefinitely or for a specified period, has been given by the commissioner under section 28(4) in relation to any person;

h

that an operator’s licence was on any date or during any specified period suspended by virtue of a direction given by the commissioner under section 26(1); or

i

that, by virtue of a direction given by the commissioner under regulations made under section 48(2)(a), an operator’s licence is to be treated as having been suspended on any date or during any specified period.

3

Any such certificate which purports to be signed by or on behalf of a traffic commissioner shall be taken to be so signed unless the contrary is proved.