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24 1961

ROAD TRAFFIC ACT, 1961

PART II.

General Provisions relating to Vehicles.

Regulations in relation to use of vehicles in public places.

11. —(1) The Minister may make regulations in relation to the use of vehicles in public places.

(2) Regulations under this section may, in particular and without prejudice to the generality of subsection (1) of this section, make provision in relation to all or any of the following matters :

(a) the construction of vehicles;

(b) vehicle equipment;

(c) the use and misuse of vehicles and vehicle equipment;

(d) the conditions subject to which vehicles and vehicle equipment may be used;

(e) the duties of drivers of vehicles and passengers therein;

(f) the equipment of such drivers and passengers;

(g) the use of loudspeakers (including any equipment or devices used in connection therewith) in or on vehicles;

(h) particulars to be affixed to or painted on vehicles.

(3) Different regulations may be made under this section—

(a) in respect of different classes of vehicles,

(b) for different circumstances and for different areas.

(4) A person shall not use in a public place a vehicle which does not comply with a regulation under this section applying in relation to the vehicle.

(5) (a) A person who contravenes subsection (4) of this section or a regulation under this section shall be guilty of an offence and, where the contravention is of the said subsection (4) and such person is not the owner of the vehicle, such owner shall also, in such cases as may be prescribed, be guilty of an offence.

(b) Where a person who contravenes subsection (4) of this section is not the owner of the vehicle and the owner is charged with an offence under this section, it shall be a good defence to the charge for such owner to show that the use of the vehicle on the occasion in question was unauthorised.

(6) In this section “vehicle equipment” includes all equipment, fittings and instruments fitted to a vehicle or carried on it, and, without prejudice to the generality of the foregoing, lights, reflectors and towing gear.

Maximum weights.

12. —(1) The Minister may make regulations for all or any of the following purposes:

(a) specifying the maximum weight unladen of mechanically propelled vehicles, of vehicles drawn thereby and of combinations of vehicles;

(b) specifying the maximum weight laden of mechanically propelled vehicles, of vehicles drawn thereby and of combinations of vehicles;

(c) specifying the maximum weight to be transmitted to the ground or any specified area of the ground by any part of a mechanically propelled vehicle or of a vehicle drawn thereby;

(d) specifying the manner in which and the conditions under which any particular weights (other than weights unladen) prescribed by the regulations are to be ascertained.

(2) Different regulations may be made under this section—

(a) in respect of different classes of vehicles or of combinations of vehicles,

(b) for different circumstances.

(3) A person shall not use on a public road—

(a) a vehicle or combination of vehicles of which the weight unladen exceeds the maximum weight specified by a regulation under this section applying in relation to the vehicle or combination,

(b) a laden vehicle or combination of vehicles of which the weight as then laden exceeds the maximum weight laden specified by a regulation under this section applying in relation to the vehicle or combination, or

(c) a vehicle any part of which transmits to the ground a greater weight than the maximum weight specified in respect of such transmission by a regulation under this section applying in relation to the vehicle.

(4) Where a person contravenes subsection (3) of this section, he and, if he is not the owner of the vehicle or combination of vehicles, such owner shall each be guilty of an offence.

(5) Where a person charged with an offence under this section is the owner of the vehicle or combination of vehicles, it shall be a good defence to the charge for him to show that the vehicle or combination was being used on the occasion in question by another person and that such use was unauthorised.

Special permits for particular vehicles.

13. —(1) The Minister may make regulations for all or any of the following purposes:

(a) the issue of special permits authorising particular vehicles or combinations of vehicles which contravene one or more regulations under section 11 or 12 of this Act to be used notwithstanding such contravention;

(b) specifying the limitations, restrictions and conditions which are to be, or may be, inserted in the special permits, including conditions as to compensation, or as to securing by deposit the payment of compensation, for damage to public roads which may arise from the use of the vehicles or combinations of vehicles to which the special permits relate;

(c) specifying the persons by whom the special permits may be issued;

(d) specifying the manner in which applications for the special permits are to be made.

(2) Notwithstanding anything contained in this Part of this Act, the use of a vehicle or combination of vehicles under and in accordance in all respects with a special permit issued in respect of the vehicle or combination under regulations under this section shall not constitute an offence under section 11 or 12 (as the case may be) of this Act.

Weight unladen.

14. —(1) For the purposes of this Act, the weight unladen of a vehicle or combination of vehicles shall be taken to be the weight of the vehicle or combination inclusive of all additions, but exclusive of the weight of water, fuel or accumulators (other than boilers) used for the purpose of propulsion and of loose tools or loose equipment.

(2) For the purposes of subsection (1) of this section—

(a) each of the following shall, with respect to a vehicle or combination of vehicles, be an addition:

(i) a body,

(ii) a part,

(iii) a fitting,

(iv) a receptacle,

(b) in a case in which there is one addition only, the reference to all additions shall be construed as a reference to that addition,

(c) in a case in which, there being two additions (and not more), on no occasion are both of them used, the reference to all additions shall be construed as a reference to the heavier only of the additions or, where they are of equal weight, to one of them only,

(d) in a case in which, there being three or more additions, on no occasion are all of them used, the reference to all additions shall be construed as a reference to the heaviest combination of the additions which is used on any occasion.

(3) In a case coming within paragraph (d) of subsection (2) of this section, where one only of the additions is used on a particular occasion, “combination of the additions” in that paragraph shall, in relation to that occasion, be taken as referring to that addition.

(4) (a) Anything placed on a vehicle or combination of vehicles for the purpose of the conveyance of goods or burden of any other description shall, subject to the next paragraph, be a receptacle for the purposes of the foregoing subsections of this section.

(b) Anything so placed is excepted from the foregoing paragraph if in relation to no journey are goods or burden of any other description both loaded into and unloaded from it without its being removed from the vehicle or combination.

(5) In a prosecution under this Act, the onus of proving that anything comes within the exception specified in subsection (4) of this section shall lie on the defendant.

Weighbridges.

15. —(1) (a) A road authority may declare any weighbridge (whether maintained by them or not, whether within or outside their functional area and whether a road traffic weighbridge or not) to be an appointed weighbridge for the purposes of this Act, and every weighbridge so declared shall be known and is in this Act referred to as an appointed weighbridge.

(b) Any such declaration may be revoked by a subsequent declaration made by the same road authority.

(c) Where a road authority make a declaration under this subsection, they shall give the prescribed notice to the public of the making of the declaration.

(2) A road authority may (and, if required by the Minister, shall) provide on or adjacent to any public road in their charge a weighbridge of such dimensions, power, design and construction as may be approved of by the Minister.

(3) Every road authority owning a weighbridge erected under an enactment repealed by the repealed Act, under the repealed Act or under this section shall maintain the weighbridge in good condition and proper order and shall make the weighbridge available for the weighing of vehicles and their loads at all reasonable times.

(4) A weighbridge maintained under subsection (3) of this section shall be known and is in this Act referred to as a road traffic weighbridge.

(5) The road authority by whom a road traffic weighbridge is maintained may charge for weighings on the weighbridge (except weighings requisitioned under this Act by a member of the Garda Síochána or an officer of a road authority) such fees as they may fix from time to time.

(6) A road authority may contribute, on such conditions as they think fit, to the cost of the provision, maintenance or operation of an appointed weighbridge other than a road traffic weighbridge provided by themselves.

(7) (a) A road authority may acquire and operate a weighbridgewhich is transportable and may make it available for use by members of the Garda Síochána.

(b) References in this Act to a mobile weighbridge are to a weighbridge under this subsection.

Requirements with respect to weighing.

16. —(1) Where an authorised officer observes a vehicle or combination of vehicles on any occasion on a public road and he suspects that the weight laden of the vehicle or combination or the weight transmitted to the ground by any part of the vehicle or combination is such that the use of the vehicle or combination constitutes an offence under this Act—

(a) in case the officer has with him a mobile weighbridge, the officer may require the person in charge of the vehicle or combination—

(i) to permit the officer to ascertain by means of the mobile weighbridge the weight transmitted to the ground by any part of the vehicle or combination with the load or loads (if any) thereon; and

(ii) to do all such things as may be indicated by the officer and are reasonably necessary to facilitate him in effecting such ascertainment;

(b) in any other case, the officer may require the person in charge of the vehicle or combination to do all or any of the following things:

(i) forthwith to bring the vehicle or combination with the load or loads (if any) thereon to any appointed weighbridge named by the officer and not more than five miles distant by the shortest available route from the place at which the requisition is made;

(ii) to carry the officer to the weighbridge in the vehicle or combination;

(iii) to cause the vehicle (or any part thereof) or combination (or any part thereof) with the load or loads (if any) thereon to be weighed on the weighbridge in the presence of the officer.

(2) Where—

(a) an authorised officer observes a vehicle or combination of vehicles on any occasion on a public road,

(b) the officer suspects that the weight unladen of the vehicle or combination is such that use of the vehicle or combination constitutes an offence under this Act, and

(c) the vehicle or combination either has no load or has a load or loads which can be unloaded without undue inconvenience, the officer may require the person in charge of the vehicle or combination to do all or any of the following things :

(i) forthwith to bring the vehicle or combination, inclusive of all additions with it on the said occasion, to any appointed weighbridge named by the officer and not more than five miles distant by the shortest available route from the place at which the requisition is made;

(ii) to carry the officer to the weighbridge in the vehicle or combination;

(iii) to unload the vehicle or combination if it has a load or loads;

(iv) to cause the vehicle or combination, inclusive of all additions with it on the said occasion, to be weighed on the weighbridge in the presence of the officer.

(3) For the purposes of subsection (2) of this section—

(a) each of the following shall, with respect to a vehicle or combination of vehicles, be an addition:

(i) a body,

(ii) apart,

(iii) a fitting,

(iv) a receptacle,

(b) in a case in which there is one addition only, any reference to all additions shall be construed as a reference to that addition.

(4) Anything placed on a vehicle or combination of vehicles for the purpose of the conveyance of goods or burden of any other description shall be a receptacle for the purposes of subsections (2) and (3) of this section.

(5) A person who contravenes a requirement under this section shall be guilty of an offence.

(6) Where a weighing is, consequent upon a requirement under this section, carried out on an appointed weighbridge not maintained by a road authority, the fee for the weighing shall be recouped to the person paying it by—

(a) in case the weighbridge was declared to be an appointed weighbridge by one road authority only—that authority, and

(b) in any other case—by such one of the road authorities by whom the weighbridge was declared to be an appointed weighbridge as may be agreed upon between those authorities or, in default of agreement, as may be determined by the Minister.

(7) (a) In this section “authorised officer” means—

(i) a member of the Garda Síochána, or

(ii) an officer of the road authority charged with the maintenance of the public road on which the vehicle or combination of vehicles is observed, authorised by that authority as an authorised officer for the purposes of this section.

(b) Where a person appointed to be an authorised officer for the purposes of this section makes a requirement under this section, he shall, if requested by the person to whom the requirement is addressed, produce his authorisation as such officer for examination by that person.

Expenses of extraordinary traffic.

17. —(1) Where it appears to the road authority charged with the maintenance of a public road that, having regard to the average expense of repairing that road, extraordinary expenses have been or will be incurred in repairing the road by reason of the damage caused by excessive weight passing along the road or other extraordinary traffic thereon, the amount of the extraordinary expenses shall be paid to the road authority by the person by whom or in consequence of whose order such weight or traffic has been conducted and, in default of that amount being so paid, it shall be recoverable as a simple contract debt in any court of competent jurisdiction.

(2) Subsection (1) of this section shall have effect subject to the following provisos:

(a) any person required by the subsection to pay extraordinary expenses may enter into an agreement with a road authority for the payment to them of a composition in respect of the relevant weight or traffic and, on paying the composition, shall not be liable under the subsection;

(b) the subsection shall be construed as not applying to damage caused as a result of—

(i) Córas Iompair Éireann carrying on a passenger road service,

(ii) a person carrying on a passenger road service under a licence granted under the Road Transport Act, 1932 , or

(iii) a person carrying on a business authorised by a merchandise licence granted under the Road Transport Act, 1933 ;

(c) proceedings under the subsection shall be commenced within twelve months after the time at which the damage was done, or, where the damage is in consequence of any particular building contract or work extending over a long period, shall be commenced not later than six months after the completion of the contract or work;

(d) in any such proceedings the amount for which judgment may be given shall be the amount of the expenses shown to the satisfaction of the court to have been or to be likely to be incurred by the road authority by reason of the damage from the extraordinary traffic.

Tests of mechanically propelled vehicles.

18. —(1) A person shall not use in a public place a mechanically propelled vehicle to which this section applies unless at that time there is in force in respect of the vehicle a test certificate.

(2) Where a person contravenes subsection (1) of this section, he and, if he is not the owner of the vehicle, such owner shall each be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

(3) Where, in a prosecution for an offence under this section, it is shown that, a demand having been made under section 19 of this Act,—

(a) the person on whom the demand was made refused or failed to produce a test certificate then and there, or

(b) such person, having duly produced a test certificate consequent upon the demand, refused or failed to permit the member of the Garda Síochána to whom such certificate was produced to read and examine it,

it shall be presumed, until the contrary is shown by the defendant, that the vehicle was being used in contravention of this section.

(4) Where a person charged with an offence under this section is the owner of the vehicle, it shall be a good defence to the charge for the person to show that the vehicle was being used without his consent and either that he had taken all reasonable precautions to prevent its being used or that it was being used by his servant acting in contravention of his orders.

(5) Where a person charged with an offence under this section was the servant of the owner of the vehicle, it shall be a good defence to the charge for the person to show that he was using the vehicle in obedience to the express orders of the owner.

(6) In this section “the issuing authority” means the person who, in the case in question and in accordance with the regulations under this section, is the issuing authority.

(7) The owner of a mechanically propelled vehicle to which this section applies may apply to the issuing authority for a test certificate in respect of the vehicle.

(8) Where an application is duly made under subsection (7) of this section and the prescribed fee is paid—

(a) the issuing authority shall test or cause to be tested the vehicle in accordance with the regulations under this section,

(b) in case the issuing authority is satisfied as a result of the test that the vehicle complies with the prescribed requirements, it shall issue a certificate (in this Act referred to as a test certificate) certifying such compliance,

(c) in case the issuing authority is not so satisfied—

(i) the issuing authority shall refuse to issue a test certificate and shall issue to the applicant a statement of the reasons for the refusal,

(ii) if the applicant is aggrieved by the refusal or the grounds thereof, he may appeal to the Justice of the District Court having jurisdiction in the place where the vehicle is ordinarily kept and the Justice may either refuse the appeal or direct a new test of the vehicle.

(9) The Minister may make regulations for the purpose of giving effect to this section.

(10) Regulations under this section may, in particular and without prejudice to the generality of subsection (9) of this section, make provision for all or any of the following matters:

(a) the classes of mechanically propelled vehicles to which this section applies;

(b) exempting from subsection (1) of this section the use of vehicles for specified purposes or in specified circumstances;

(c) the specifying of the persons to be issuing authorities for the purposes of this section;

(d) the specifying of the persons by whom issuing authorities may cause tests to be carried out for the purposes of this section;

(e) the specifying of the persons by whom new tests directed pursuant to subparagraph (ii) of paragraph (c) of subsection (8) of this section are to be carried out;

(f) the making of applications for test certificates and the specifying of conditions subject to which such applications may be made;

(g) the fees to be paid by applicants for test certificates and the disposition of such fees;

(h) the requirements in respect of which tests are to be carried out;

(i) the nature of tests;

(j) the manner in which, the conditions under which and the apparatus with which tests are to be carried out;

(k) the maintenance of apparatus used for carrying out tests;

(l) powers of inspection of premises and apparatus used for testing mechanically propelled vehicles;

(m) the keeping of records by specified persons;

(n) the form and period of validity of test certificates;

(o) the delegation by issuing authorities to specified persons of the functions of such authorities under paragraphs (b) and (c) of subsection (8) of this section.

(11) Regulations under this section may make different provisions for different classes of cases coming within the same matter.

(12) A person who contravenes a regulation under this section which is stated to be a penal regulation shall be guilty of an offence.

(13) The existence of a test certificate shall not affect any prosecution for an offence under any other section of this Act.

Production of test certificate on demand.

19. —(1) (a) Where a member of the Garda Síochána has reasonable grounds for believing that a mechanically propelled vehicle to which section 18 of this Act applies has been used in a public place on a particular occasion (including a case in which the member has himself observed the use) and that the actual user of the vehicle on that occasion was a particular person, the member may, at any time not later than one month after the occasion, demand of the person the production of a test certificate in respect of the vehicle in force on the occasion and, if the person refuses or fails to produce any such certificate then and there, he shall, unless within ten days after the day on which the production was demanded he produces such certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the person at the time at which the production was demanded, be guilty of an offence.

(b) In a prosecution for an offence under this subsection, it shall be presumed, until the contrary is shown by the defendant, that he did not, within ten days after the day on which the production was demanded produce the certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the defendant at the time at which the production was demanded.

(c) It shall be a good defence in a prosecution for an offence under this subsection if the defendant shows that on the occasion in question—

(i) he did not use the vehicle, or

(ii) he was the servant of the owner of the vehicle and was using the vehicle in obedience to the express orders of the owner.

(2) (a) Where a member of the Garda Síochána has reasonable grounds for believing that a mechanically propelled vehicle to which section 18 of this Act applies has been used in a public place on a particular occasion (including a case in which the member has himself observed the use), the member may, at any time not later than one month after the occasion, demand of the owner of the vehicle the production of a test certificate in respect of the vehicle in force on the occasion and, if the owner refuses or fails to produce any such certificate then and there, he shall, unless within ten days after the day on which the production was demanded he produces such certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the owner at the time at which such production was demanded, be guilty of an offence.

(b) In a prosecution for an offence under this subsection, it shall be presumed, until the contrary is shown by the defendant, that he did not, within ten days after the day on which production was demanded, produce the certificate in person to a member of the Garda Síochána at a Garda Síochána station named by the defendant at the time at which the production was demanded.

(c) It shall be a good defence in a prosecution for an offence under this subsection if the defendant shows—

(i) that the vehicle was not used on the occasion in question, or

(ii) that a person other than himself used the vehicle on the occasion in question, that it was so used without his consent and either that he had taken all reasonable precautions to prevent its being so used or that the person so using it was his servant acting in contravention of his orders.

(3) Where a person produces pursuant to this section a certificate to a member of the Garda Síochána but refuses or fails to permit the member to read and examine it, he shall be guilty of an offence and the member may demand of him his name and address.

(4) Where a person whose name and address is demanded under subsection (3) of this section refuses or fails to give his name and address or gives a name or address which is false or misleading, he shall be guilty of an offence.

(5) A member of the Garda Síochána may arrest without warrant—

(a) a person who pursuant to this section produces a certificate but refuses or fails to permit the member to read and examine it, or

(b) a person who, when his name and address is demanded of him by the member under this section, refuses or fails to give his name and address or gives a name or address which the member has reasonable grounds for believing to be false or misleading.

Powers of occasional examination, inspection and test.

20. —(1) Where a member of the Garda Síochána observes a mechanically propelled vehicle or combination of vehicles in a public place and he suspects that there is a defect affecting the vehicle or combination which is such that it is, when in use, a danger to the public or, in the case of a public service vehicle, there is a defect affecting it which is such that either it is a danger to the public or it is rendered unfit for the carriage of passengers, he may inspect and examine the vehicle or combination and, for the purpose of carrying out the inspection and examination, may do all such things and make all such requirements in relation to it as are reasonably necessary.

(2) For the purposes of subsection (1) of this section and without prejudice to the generality of the powers conferred thereby, a member of the Garda Síochána may—

(a) require the person in charge of a mechanically propelled vehicle or combination of vehicles to bring it to a convenient place indicated by the member suitable for the carrying out of an inspection and examination under this section and not more than five miles distant by the shortest available route from the place at which the requisition is made, and to carry the member in the vehicle or combination,

(b) drive a mechanically propelled vehicle or combination of vehicles for a reasonable time and distance,

(c) require the person in charge of a mechanically propelled vehicle or combination of vehicles to drive it or cause it to be driven for a reasonable time and distance in such direction and manner and at such speed as the member directs, and to carry the member in it while it is being so driven,

(d) carry out or cause to be carried out such tests as the member considers reasonable.

(3) Where a member of the Garda Síochána has, consequent upon having inspected and examined under this section a mechanically propelled vehicle, reasonable grounds for believing that there is a defect affecting it which is such that it is, when in use, a danger to the public, he may—

(a) instruct the person in charge that it is not to be driven in a public place until the defect has been remedied,

(b) require the person in charge or the owner to submit it for a further examination and test at a specified time and place.

(4) Where a member of the Garda Síochána has, consequent upon having inspected and examined under this section a public service vehicle, reasonable grounds for believing that there is a defect (other than a defect referred to in subsection (3) of this section) affecting it which is such that it is rendered unfit for the carriage of passengers, he may—

(a) instruct the person in charge that it is not to be used for the carriage of passengers for reward until the defect is remedied,

(b) require the person in charge or the owner to submit it for a further examination and test at a specified time and place.

(5) Where a member of the Garda Síochána has, consequent upon having inspected and examined under this section a vehicle drawn by a mechanically propelled vehicle, reasonable grounds for believing that there is a defect affecting it which is such that it is, when in use, a danger to the public, he may—

(a) instruct the person in charge that the vehicle is not tobe drawn in a public place by a mechanically propelled vehicle until the defect is remedied,

(b) require the person in charge or the owner to submit the vehicle for a further examination and test at a specified time and place.

(6) A member of the Garda Síochána may test any pedal cycle and, for the purpose of carrying out the test, may do all such things and make all such requirements in relation to the cycle as are reasonably necessary.

(7) For the purposes of subsection (6) of this section and without prejudice to the generality of the powers conferred thereby, a member of the Garda Síochána may—

(a) drive any pedal cycle for a reasonable time and distance,

(b) require any person in charge of a pedal cycle to drive it or cause it to be driven for a reasonable time and distance in such a direction as the member directs.

(8) Where a member of the Garda Síochána has, consequent upon having tested under this section a pedal cycle, reasonable grounds for believing that it has a dangerous defect, he may—

(a) instruct the person in charge of the cycle that it is not to be driven in a public place until the defect is remedied,

(b) require such person to submit the cycle for a further test at a specified time and place.

(9) A person who, in a case in which a requirement under subsection (1), (2), (6) or (7) of this section has been made on him, contravenes the requirement shall be guilty of an offence.

(10) (a) A person who, in a case in which an instruction under subsection (3) of this section that a vehicle is not to be driven in a public place until a defect is remedied has been given to him or in which he is aware that such an instruction has been given, so drives it or causes or permits it to be so driven before the defect is remedied shall be guilty of an offence and shall be liable on summary conviction to a fine not exceeding fifty pounds or, at the discretion of the court, to imprisonment for any term not exceeding three months or to both such fine and such imprisonment.

(b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the instruction was given, there was not a defect affecting the vehicle which was such that the vehicle was, when in use, a danger to the public.

(11) (a) A person who, in a case in which a requirement undersubsection (3) of this section has been made on him, contravenes the requirement shall be guilty of an offence.

(b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the requirement was made, there was not a defect affecting the vehicle which was such that the vehicle was, when in use, a danger to the public.

(12) (a) A person who, in a case in which an instruction under subsection (4) of this section that a vehicle is not to be used for the carriage of passengers until a defect is remedied has been given to him or in which he is aware that such an instruction has been given, so uses it or causes or permits it to be so used before the defect is remedied shall be guilty of an offence.

(b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the instruction was given, there was not a defect affecting the vehicle which was such that the vehicle was rendered unfit for the carriage of passengers.

(13) (a) A person who, in a case in which a requirement under subsection (4) of this section has been made on him, contravenes the requirement shall be guilty of an offence.

(b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the requirement was made, there was not a defect affecting the vehicle which was such that the vehicle was rendered unfit for the carriage of passengers.

(14) (a) A person who, in a case in which an instruction undersubsection (5) of this section that a vehicle drawn by a mechanically propelled vehicle is not to be so drawn in a public place until a defect is remedied has been given to him or in which he is aware that such an instruction has been given, so draws it or causes or permits it to be so drawn before the defect is remedied shall be guilty of an offence.

(b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the instruction was given, there was not a defect affecting the vehicle which was such that the vehicle was, when in use, a danger to the public.

(15) (a) A person who, in a case in which a requirement under subsection (5) of this section has been made on him, contravenes the requirement shall be guilty of an offence.

(b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the requirement was made, there was not a defect affecting the vehicle which was such that the vehicle was, when in use, a danger to the public.

(16) (a) A person who, in a case in which an instruction under subsection (8) of this section that a cycle is not to be driven in a public place until a defect is remedied has been given or in which he is aware that such an instruction has been given, so drives it or causes or permits it to be so driven before the defect is remedied shall be guilty of an offence.

(b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the instruction was given, the cycle had not a dangerous defect.

(17) (a) A person who, in a case in which a requirement under subsection (8) of this section has been made on him, contravenes the requirement shall be guilty of an offence.

(b) Where a person is charged with an offence under this subsection, it shall be a good defence for him to show that, at the time the requirement was made, the cycle had not a dangerous defect.

(18) Where a requirement is made under subsection (3), (4), (5) or (8) of this section—

(a) the person required shall have the right to be present at the examination and, if he exercises this right—

(i) he shall be afforded an opportunity of observing the examination,

(ii) he shall have the further right to bring with him to the examination another person selected by him and, if he exercises this right, the person accompanying him shall also be afforded an opportunity of observing the examination,

(b) if he does not exercise his right to be present at the examination, he shall have the right to be represented at it by another person selected by him and, if he exercises this right, the person representing him shall be afforded an opportunity of observing the examination.

In this subsection “examination” includes “test”.