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18
Fixed Penalty (Traffic Contraventions) Bill-second reading
[Explanatory Memorandum]
Clause 14. The person liable for the fixed penalty is the registered owner for the time being of the motor vehicle when the contravention is committed. It is no defence that the con- travention was committed without the knowledge or consent of the registered owner or that at the time of the contravention the vehicle was driven by or was in charge of a person other than the registered owner. This clause, however, makes provision for cases. where a motor vehicle is taken and driven away without the consent of the registered owner by a person other than a driver employed by him or is stolen. If any contravention is committed in such circumstances it is a good defence for the registered owner to prove any such fact in proceedings for recovery of the fixed penalty.
Clause 15. Subclause (1) enables a police officer to give the person liable for a traffic contravention an opportunity to dis- charge his liability by paying the fixed penalty by notice which may be delivered personally to the driver of the vehicle or fixed on the vehicle. If the fixed penalty is not paid within 7 days of the contravention a notice is to be served by post on the registered owner demanding payment of the fixed penalty within 21 days after the date of the contravention or 10 days after the date of the notice, whichever is the later. To safeguard against service of notices after a considerable lapse of time the proviso to subclause (3) provides that no notice is to be served on expiry of 6 months from the date of a contravention. On the production of a certificate of posting due service of the notice is presumed.
Clause 16. This clause provides for the recovery of the fixed penalty summarily as a civil debt by complaint made to a magistrate. These proceedings may be commenced if the fixed penalty is not paid within the time allowed in the notice.
Clause 17 provides for service of summons by post in addition to the other forms of service provided under the Magis- trates Ordinance. On the production of a certificate of posting due service of the summons is presumed.
Clause 18 enables a complaint to be heard ex parte where a defendant, who is served with a summons, fails to appear.
Clause 19 provides for proof of complaint in ex parte pro- ceedings under clause 18.
Clause 20 prescribes the procedure at the hearing of a complaint where the defendant is present.