CAP. 2371
Fixed Penalty (Traffic Contraventions)
[1989 Ed.
(b) that at the time the contravention was committed the motor vehicle was driven by or was in charge of a person other than the registered owner:
Provided that it shall be a good defence for the registered owner to prove that, at the time the contravention was committed, the motor vehicle was taken and driven away without his consent by a person other than a driver employed by him or was stolen.
15. Notice and payment of fixed penalty
(1) If a police officer has reasonable cause to believe that a contravention is being or has been committed, he may give the registered owner of the vehicle concerned or, where section 3(2) applies, the driver liable an opportunity to discharge his liability in respect of that contravention by payment of a fixed penalty. (Amended 59 of 1977 s. 10)
(2) For the purposes of subsection (1) notice in the prescribed form shall be delivered personally to the person in charge of the vehicle or fixed on the vehicle: (Amended 56 of 1981 s. 4)
Provided that the operation of this section or section 16 shall not be affected by a failure to comply with this subsection. (Added 56 of 1981 s. 4)
(3) If the fixed penalty is not paid within 21 days after the date of a contravention a notice shall be served on the person liable-
(a) demanding payment of the fixed penalty; and
(b) informing the person that if he wishes to dispute liability for the contravention he should so notify the Commissioner of Police:
Provided that no notice shall be served under this subsection-
(i) if the Commissioner of Police is of the opinion that no further proceedings should be taken in respect of the contravention; or
(ii) after the expiry of 6 months from the date of the contravention.
(Replaced 56 of 1981 s. 4)
(4) A notice under subsection (3) may be served by sending it by post-
(a) where it is directed to a registered owner, to his registered address; or
(b) where it is directed to a driver under section 3(2), to the address where the driver normally works.
(5) A notice under subsection (3) shall be in such form as may be prescribed and shall state that the person liable is required-
(a) to pay the fixed penalty; or
(b) to notify the Commissioner of Police that he wishes to dispute liability for the contravention,
within 10 days after the date of the notice. (Replaced 56 of 1981 s. 4)
(5A) Subject to section 20B, no payment shall be accepted after the time prescribed in the notice served under subsection (3). (Added 59 of 1977 s. 10)