On 26/05/2013,
you requested for the version in force on 26/05/2013
incorporating all amendments published on or before 26/05/2013.
The closest version currently available is that of 01/01/2013.
81.
—(1) Where the driver of a motor vehicle is alleged or is suspected to be guilty of an offence under this Act, the owner of the motor vehicle shall give such information as he may be required by a police officer or an employee of the Authority to give as to —
(a)
the identity and address of the person who was driving the motor vehicle at or about the time of the alleged offence; and
(b)
the driving licence held by that person,
and, if he fails to do so within 7 days of the date on which the information was required from him, he shall be guilty of an offence unless he proves, to the satisfaction of the court, that he did not know and could not with reasonable diligence have ascertained the information required.
(1A) For the purposes of subsection (1), where the owner of the motor vehicle is a company, a partnership or an unincorporated body, such owner shall not be deemed to have discharged the burden of proving that it could not, with reasonable diligence, have ascertained the information required under that subsection unless such owner also proves to the satisfaction of the court that —
(a)
it had kept a proper and accurate record as required under subsection (8); but
(b)
the record reveals that no person had been permitted by such owner to drive the motor vehicle at or about the time of the alleged offence.
(2) Where the driver of a motor vehicle is alleged or is suspected to be guilty of an offence under this Act, any other person who was or should have been in charge of the motor vehicle shall, if required by a police officer or an employee of the Authority, give any information which it is in his power to give, and which may lead to the identification of the driver, and if, within 7 days of the date on which the information was required from him, he fails to do so, he shall be guilty of an offence.
[5/98]
(3) Any person who wilfully or recklessly furnishes any false or misleading information under subsection (1) or (2) shall be guilty of an offence.
(4) A police officer or an employee of the Authority may require any information to be furnished under subsection (1) or (2) to be in writing signed by the person required to furnish such information.
[5/98]
(5) Notwithstanding any other written law to the contrary, any information given under this section by any person charged with any offence under this Act or any offence in connection with the driving of a motor vehicle may be used as evidence without proof of signature at the hearing of the charge.
(6) Notwithstanding any other written law to the contrary, any statement made by any person to any police officer or an employee of the Authority —
(a)
that a motor vehicle was on a particular occasion being driven by or belonged to that person; or
(b)
that it belonged to a firm in which that person also stated that he was a partner or to a corporation of which that person stated that he was a director, officer or employee,
shall be admissible in evidence without proof of signature for the purpose of determining by whom the motor vehicle was on that occasion being driven or who was in charge of it or to whom it belonged.
[5/98]
(7) Any person who is guilty of an offence under subsection (1), (2) or (3) shall be liable on conviction to a fine not exceeding $1,000 or to imprisonment for a term not exceeding 6 months or to both.
(8) Where the owner of a vehicle is a company, a partnership or an unincorporated body, it shall be the duty of such owner to keep a proper and accurate record of each occasion on which it permits any person to drive the motor vehicle, whether or not such person is a director, member, partner, officer, employee or agent of such owner or otherwise, and whether or not such person is permitted to drive the motor vehicle in the course of his employment with such owner or otherwise.
(9) The record required to be kept under subsection (8) —
(a)
shall contain —
(i)
the registration number of the motor vehicle;
(ii)
the name, address, driving licence number (whether local or foreign) and identity card or passport number of the person permitted by the owner of the motor vehicle to drive the motor vehicle; and
(iii)
the date and time, or the period, during which the motor vehicle is allocated to such person for him to drive it; and
(b)
shall be retained by the owner of the motor vehicle for a period of at least 6 months beginning with the date, or with the date of the commencement of the period, referred to in paragraph (a)(iii).