Section 96Part 7 — Control of Road Users
Enforcement of proceedings against owner
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96. (1) This section applies where —
a traffic ticket relating to an offence has been fixed to a vehicle under section 94;
a notice to owner relating to the offence has been served on a person; and
the prescribed fine has not been paid in accordance with this Act before the end of the period allowed for response to the notice to owner.
Subject to subsection (4), proceedings may be brought in respect of the offence against the person on whom the notice to owner was served.
If the person on whom the notice to owner was served —
was not the owner of the vehicle at the time of the alleged offence; and
provides a statement of ownership in the prescribed form to that effect in response to the notice before the end of the period allowed for response to the notice, that person is not liable in respect of an offence under this section.
Subject to subsection (5) —
for the purposes of the instituting of proceedings under subsection (2) against a person on whom a notice to owner has been served; and
in proceedings brought under that subsection against any such person, it shall be conclusively presumed, notwithstanding that that person may not be an individual, that that person was the driver of the vehicle at the time of the alleged offence and, accordingly, that acts or omissions of the driver of the vehicle at that time were that person’s acts or omissions.
The presumption in subsection (4) does not apply in proceedings brought against a person under subsection (3) if, in those proceedings, it is proved that at the time of the alleged offence the vehicle was in the possession of some other person without the consent of the accused.