7Owners and drivers of vehicles that emit offensive noise when used away from roads

7 Owners and drivers of vehicles that emit offensive noise when used away from roads

7 Owners and drivers of vehicles that emit offensive noise when used away from roads

(1) The owner and driver of a motor vehicle are each guilty of an offence under clause 6 if any person causes the motor vehicle to be used in a place (other than on a road or road related area) in such a manner that it emits offensive noise.

(2) This clause does not affect the liability of the actual offender but, if a penalty (including a penalty under a penalty notice) has been imposed on or recovered from any person in relation to the offence (whether the actual offender, the driver or the owner), no further penalty may be imposed on or recovered from any other person.

(3) This clause does not apply to the owner of a motor vehicle if—

(a) the motor vehicle was at the time of the commission of the offence a stolen motor vehicle or a motor vehicle illegally taken or used, or

(b) the owner was not in the motor vehicle at the relevant time and—

(i) gives notice in accordance with this clause of the name and address of the person who was in charge of the motor vehicle at the relevant time, or

(ii) satisfies the officer who gave the penalty notice for the offence or the court dealing with the offence (as the case requires) that the owner did not know, and could not with reasonable diligence have ascertained, that name and address.

(4) A notice of the kind referred to in subclause (3) (b) (i) must be in the form of an approved nomination notice and—

(a) if a penalty notice has been issued for the offence—the notice must be given to an officer specified in the penalty notice for the purpose within 21 days after the issue of the penalty notice, and

(b) if a court is dealing with the offence—the notice must be given to the prosecutor within 21 days after service of the summons or court attendance notice for the offence.

(5) Despite any other provision of this Regulation, an approved nomination notice may be provided by the owner of a motor vehicle issued with a penalty notice within 90 days of the penalty notice being issued to the owner if the approved nomination notice is provided in the circumstances specified in section 23AA or 23AB of the Fines Act 1996.