53Proceedings against owner or registered operator in certain cases

### 53 Proceedings against owner or registered operator in certain cases > *\[Section 53 Substituted by 1 Geo. VI No. 74, s. 2 \]**\[Section 53 Substituted by 25 Geo. V No. 78 \]* > > > (1)  [*\[Section 53 Subsection (1) amended by No. 22 of 2001, s. 10, Applied:01 Nov 2001\]*](/view/html/inforce/2001-11-01/act-2001-022#GS10@Hpi@EN) [*\[Section 53 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja26@GC25@Hpb@EN) If in any proceedings in respect of an offence against this Act or the [Vehicle and Traffic Act 1999](/view/html/inforce/2026-04-12/act-1999-070) – > > > > > > (a) [*\[Section 53 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja26@GC24@Hpe@EN) the offence charged is in relation to driving or using a motor vehicle or trailer which, or any prescribed equipment of which, is alleged to have been in an unsafe condition, or to have been lacking; and > > > > > > > (b) [*\[Section 53 Subsection (1) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja26@GC25@Hpa@EN) the court is of opinion, on the evidence before it, that the offence has been caused by any neglect or default of the owner or registered operator of such vehicle – > > > > the court, before disposing of the original proceedings, may direct that proceedings be taken against such owner or registered operator, and that a summons be issued calling upon him to show cause against the infliction upon him of a penalty for having caused or procured the commission of the offence charged in the original proceedings. > > > (2)  [*\[Section 53 Subsection (2) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja26@GC25@Hpd@EN) [*\[Section 53 Subsection (2) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja26@GC25@Hpc@EN) Upon the hearing of such proceedings against such owner or registered operator, the court may impose on him any penalty which it might have imposed on the defendant in the original proceedings, unless such owner or registered operator satisfies the court that he had taken reasonable precautions to ensure compliance with the provisions of this Act in respect of the matter in relation to which such proceedings were initiated; and may order him to pay the costs of all or any of such proceedings as aforesaid. > > > (3)  [*\[Section 53 Subsection (3) amended by No. 90 of 1999, Sched. 1, Applied:14 Aug 2000\]*](/view/html/inforce/2000-08-14/act-1999-090#JS1@Ja26@GC25@Hpe@EN) Where the owner or registered operator is punished as aforesaid, the court may dismiss the complaint against the original defendant.