Provisions as to evidence
139.—(1)  An extract of the records maintained under rules made under section 34(1) certified under the hand of the Registrar, or a licence issued by the Registrar in respect of any vehicle is prima facie evidence of the registration of the vehicle or of the fact that the vehicle was licensed for the period specified in the licence, as the case may be.
[4/2006]
(2)  When in any proceedings for an offence under this Act and the rules it is necessary to prove —
(a)that a vehicle was, or was not, registered in the name of any person;
(b)that any person was, or was not, the registered owner of a vehicle; or
(c)that any person was, or was not, the holder of a licence granted under this Act,
a certificate purporting to be signed by the Registrar or the Deputy Commissioner of Police (as the case may be) and certifying the matters aforesaid is admissible as evidence, and constitutes prima facie proof of the facts certified in the certificate, without proof of the signature of the Registrar or the Deputy Commissioner of Police (as the case may be), to the certificate.
[10/2017]
(3)  When in any proceedings for an offence under this Act or the rules any question arises as to whether a vehicle does, or does not, comply with any of the provisions of this Act or the rules relating to the construction, equipment or conditions of use of the vehicle, or to any identification mark or sign carried by or fixed on it or the seal of that mark or sign, or to any marking on it, a certificate from an officer of the Registrar’s office that he or she has examined the vehicle and the result of the examination is admissible in evidence, and is sufficient prima facie evidence of any fact or opinion stated therein relating to the construction, equipment or conditions of use of the vehicle, or to any identification mark or sign carried by or fixed on it or the seal of that mark or sign, or to any marking on it.
[4/2006; 10/2017]
(4)  The officer may not be called for cross-examination on the certificate unless contrary evidence is given which appears to the court to be credible, or unless for any reason the court considers cross-examination to be necessary or desirable in the interests of justice.
(5)  In any case in which the prosecution intends to give in evidence any such certificate, there must be delivered to the defendant a copy thereof at least 10 clear days before the start of the trial.
(6)  When in any proceedings it is necessary to prove the weight unladen or laden of any vehicle, or the weight of any load carried on any vehicle, a certificate purporting to be signed by any public officer in charge of the weighbridge or weighing machine on which such vehicle or load was weighed, and certifying the weight of the vehicle or load and that the weighbridge or weighing machine had been examined within the previous 12 months and found to be accurate, is to be accepted by any court as prima facie proof of the facts certified in the certificate.
(7)  When in any proceedings before any court it is necessary to prove that any police officer, public officer or the Registrar or the Deputy Commissioner of Police (as the case may be) has sent or served, or has received or has not received, any badge, document, licence, notice, plate or other thing, a certificate purporting to be signed by the police officer, public officer or the Registrar or the Deputy Commissioner of Police (as the case may be) and certifying the sending, service, reception or non-reception (as the case may be) of the badge, document, licence, notice, plate or thing, is admissible as evidence, and constitutes prima facie proof of the facts certified in the certificate, without proof of the signature of that certificate.
(8)  Where in any proceedings for an offence under this Act or the rules relating to the maximum speed at which motor vehicles may be driven it is necessary to prove the speed at which the vehicle has been driven, a certificate, purporting to be signed by a police officer not below the rank of inspector who was in charge of the apparatus, instrument or appliance used to measure, at a distance from such vehicle, the speed at which the vehicle was driven and certifying that the apparatus, instrument or appliance had been examined within the previous 3 months and found to be accurate, is to be accepted by any court as prima facie proof of the facts certified in the certificate.
[10/2017]