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Change 1
As published
17 Provisions as to proceedings for certain offences in connection with the construction and use of vehicles and equipment.
(1) If in any proceedings for an offence under section 40A, 41A, 41B or 42 of the Road Traffic Act 1988 (using vehicle in dangerous condition or contravention of construction and use regulations)—
(a) any question arises as to a weight of any description specified in the plating certificate for a goods vehicle, and
(b) a weight of that description is marked on the vehicle,
it shall be assumed, unless the contrary is proved, that the weight marked on the vehicle is the weight so specified.
(2) If, in any proceedings for an offence—
(a) under Part II of the Road Traffic Act 1988, except sections 47 and 75, or
(b) under section 174(2) or (5) (false statements and deception) of that Act,
any question arises as to the date of manufacture of a vehicle, a date purporting to be such a date and marked on the vehicle in pursuance of regulations under that Part of that Act shall be evidence (and in Scotland sufficient evidence) that the vehicle was manufactured on the date so marked.
(3) If in any proceedings for the offence of driving a . . . vehicle on a road, or causing or permitting a . . . vehicle to be so driven, in contravention of a prohibition under section 70(2) of the Road Traffic Act 1988 any question arises whether a weight of any description has been reduced to a limit imposed by construction and use requirements , or so that it has ceased to be excessive,, the burden of proof shall lie on the accused.
(4) If in any proceedings in Scotland for an offence under the Traffic Acts any question arises as to a weight of any description in relation to a vehicle—
(a) a certificate purporting to be signed by an inspector of weights and measures and certifying the accuracy of a weighbridge or other machine for weighing vehicles shall be sufficient evidence of the facts stated in the certificate, and
(b) where the inspector is called as a witness his evidence shall be sufficient evidence of those facts.
In this subsection “inspector of weights and measures” has the same meaning as in the Weights and Measures Act 1985, except that it includes a chief inspector within the meaning of that Act.
Your change, as a redline
17 Provisions as to proceedings for certain offences in connection with the construction and use of vehicles and equipment.
(1) If in any proceedings for an offence under section 40A, 41A, 41B or 42 of the Road Traffic Act 1988 (using vehicle in dangerous condition or contravention of construction and use regulations)—
(a) any question arises as to a weight of any description specified in the plating certificate for a goods vehicle, and
(b) a weight of that description is marked on the vehicle,
it shall be assumed, unless the contrary is proved, that the weight marked on the vehicle is the weight so specified.
(2) If, in any proceedings for an offence—
(a) under Part II of the Road Traffic Act 1988, except sections 47 and 75, or
(b) under section 174(2) or (5) (false statements and deception) of that Act,
any question arises as to the date of manufacture of a vehicle, a date purporting to be such a date and marked on the vehicle in pursuance of regulations under that Part of that Act shall be evidence (and in Scotland sufficient evidence) that the vehicle was manufactured on the date so marked.
(3) If in any proceedings for the offence of driving a . . . vehicle on a road, or causing or permitting a . . . vehicle to be so driven, in contravention of a prohibition under section 70(2) of the Road Traffic Act 1988 any question arises whether a weight of any description has been reduced to a limit imposed by construction and use requirements , or so that it has ceased to be excessive,, the burden of proof shall lie on the accused.
(4) If in any proceedings in Scotland for an offence under the Traffic Acts any question arises as to a weight of any description in relation to a vehicle—
(a) a certificate purporting to be signed by an inspector of weights and measures and certifying the accuracy of a weighbridge or other machine for weighing vehicles shall be sufficient evidence of the facts stated in the certificate, and
(b) where the inspector is called as a witness his evidence shall be sufficient evidence of those facts.
In this subsection “inspector of weights and measures” has the same meaning as in the Weights and Measures Act 1985, except that it includes a chief inspector within the meaning of that Act.
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