Using vehicle without prescribed licence an offence

(1) Except as is otherwise in this Act provided, if after the commencement thereof– (a) the owner of any motor vehicle or trailer keeps for use or allows to be kept for use such vehicle or trailer without having obtained, or otherwise fails or omits to obtain, the relevant licence prescribed in respect of that motor vehicle or trailer; (b) any motor vehicle or trailer is used upon any road for a purpose which is not authorised by the licence issued in respect thereof or in contravention of any provisions of this Act; or (c) any motor vehicle or trailer is used upon a road being loaded so as to exceed the maximum gross weight or the number of passengers respectively covered by the licence, the owner or the driver or other person in charge of the motor vehicle, as the case may be, who contravenes any of the provisions of paragraphs (a), (b) and (c), commits an offence and is liable to a fine not exceeding fifty dollars. (2) Where the driver of any vehicle is charged with an offence under sub-section (1), the magistrate may order that a summons be issued against the owner in the case of a registered vehicle or in the case of an unregistered vehicle against any person alleged by the driver to be the owner of the vehicle, making such alleged owner the co-defendant in the case, and the magistrate may, after hearing the evidence and witnesses of all parties, make such order in regard to the payment of a fine and costs as to the magistrate seems just. Motor Vehicles and Road Traffic [CAP. 230 25 (3) A person shall not be convicted of an offence under this section if he proves that he has not had a reasonable opportunity of obtaining a licence for the motor vehicle or trailer and that it was being driven for the purpose of obtaining a licence. (4) Every vehicle shall, in all proceedings under this Act, be deemed to be kept for use, until the contrary is proved by the owner of such vehicle. (5) Upon any conviction for an offence under paragraph (a) of sub-section (1), the magistrate, in addition to any other fine which may be inflicted, shall order the owner of the motor vehicle or trailer to pay into court to the credit of the Consolidated Revenue Fund the amount of the relevant licence duty which would have been payable if such licence had been taken out at the proper time, and in default of payment of such amount, the owner shall be liable to imprisonment for three months, but no such order shall be made if the magistrate is satisfied that such licence duty has been paid subsequent to the commission of the offence.