Section 175: Certificate of ownership or driver admissible
consolidated text (as at 2016, amended since). juris shows the text as it was consolidated; it does not confirm that this is the law in force today.
175. Certificate of ownership or driver admissible
(1) In any proceedings for an offence under this Act, a certificate in the
prescribed form—
(a) purporting to be signed by a road transport inspector or by a police officer of or above the rank of Sergeant; and
(b) certifying that a person specified in the certificate stated to the
road transport inspector or to the police officer that a particular
motor vehicle—
(i) was being driven by, or belonged to, that person on a particular occasion;
(ii) belonged, on a particular occasion, to a firm in which that
person also stated that he was, at the time of the statement, a partner; or
(iii) belonged, on a particular occasion, to a corporation of
which that person also stated that he was, at the time of
the statement, a director, officer or employee,
shall be admissible as evidence for the purpose of determining by whom the
vehicle was being driven, or to whom it belonged, as the case may be, on
that occasion.
(2) This section shall not be deemed to make a certificate admissible as
evidence in proceedings for an offence—
(a) unless a copy of the certificate has, not less than 7 days before
the hearing or trial, been served on the person charged with the
offence; or
(b) where the person charged with the offence—
(i) not later than 3 days before the hearing or trial; or
(ii) within such additional time as the Court may, in special
circumstances, allow,
serves notice on the prosecutor requiring the attendance at the trial of the
person who signed the certificate.
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Questions this section answers
- How many days before trial must I be served a copy of a certificate naming me as a vehicle's driver or owner?
- Can I demand that the police officer who signed the certificate attend the trial in person?