—(1) Where a person is prosecuted for an offence under section 64 or 65 or under any of the provisions of this Part relating to the maximum speed at which motor vehicles may be driven, he shall not be convicted unless either —
he was warned at the time the offence was committed that the question of prosecuting him for an offence under any such provision as aforesaid would be taken into consideration;
within 30 days of the commission of the offence a summons for the offence was served on him; or
within the said 30 days a notice of the intended prosecution specifying the nature of the alleged offence and the time and place where it is alleged to have been committed was served on or sent by registered post to him or to the person registered as the owner of the motor vehicle at the time of the commission of the offence.
(2) Failure to comply with the requirement of subsection (1) shall not be a bar to the conviction of the accused in any case in which the court is satisfied that —
neither the name and address of the accused nor the name and address of the registered owner of the motor vehicle could with reasonable diligence have been ascertained in time for a summons to be served or for a notice to be served or sent as aforesaid; or
the accused by his own conduct contributed to the failure.
(3) The requirement of this section shall in every case be deemed to have been complied with unless the contrary is proved.
(4) This section shall not apply in any case in which the person prosecuted was, in connection with the incident in respect of which a charge against that person is preferred, arrested either on the day on which the incident occurred or within 30 days of that date.