sec.628Defence for driver of vehicle subject to a deficiency

sec.628 Defence for driver of vehicle subject to a deficiency

This section applies to an offence against this Law relating to a deficiency of a heavy vehicle. In a proceeding for an offence mentioned in subsection (1) alleged to be committed by the driver of a heavy vehicle, it is a defence for the driver to prove that the driver— did not cause the deficiency and had no responsibility for or control over the maintenance of the vehicle or its equipment at any relevant time; and did not know and could not reasonably be expected to have known of the deficiency; and could not reasonably be expected to have sought to ascertain whether there was or was likely to be a deficiency of the kind to which the offence relates. s 628 om 2013 No. 4 s 12 (sec.628-ssec.1) This section applies to an offence against this Law relating to a deficiency of a heavy vehicle. (sec.628-ssec.2) In a proceeding for an offence mentioned in subsection (1) alleged to be committed by the driver of a heavy vehicle, it is a defence for the driver to prove that the driver— did not cause the deficiency and had no responsibility for or control over the maintenance of the vehicle or its equipment at any relevant time; and did not know and could not reasonably be expected to have known of the deficiency; and could not reasonably be expected to have sought to ascertain whether there was or was likely to be a deficiency of the kind to which the offence relates.

• (a) did not cause the deficiency and had no responsibility for or control over the maintenance of the vehicle or its equipment at any relevant time; and
• (b) did not know and could not reasonably be expected to have known of the deficiency; and
• (c) could not reasonably be expected to have sought to ascertain whether there was or was likely to be a deficiency of the kind to which the offence relates.