Section 7 Offences as to use of transport equipment.
If any person without reasonable excuse uses or causes or permits to be used transport equipment for the international carriage of perishable foodstuffs, being equipment required to comply with regulations under this Act—
without there being either a certificate of compliance in force for that equipment or a valid certification plate affixed to it in accordance with regulations under this Act,
without exhibiting the designated mark for that equipment, or
in contravention of any regulations made under this Act,
he shall be guilty of an offence.
A person guilty of an offence under this section shall be liable on summary conviction to a fine not exceeding F2level 3 on the standard scale.
In any proceedings for an offence under this section, it shall be a defence for the person charged to prove that—
he is the carrier for hire or reward of the perishable foodstuffs to which the charge relates; and
it is a term of the contract for the carriage that he does not undertake to comply or to secure compliance with the requirements of the regulation to which the charge relates.
Annotations
Textual amendments
- F1
S. 7(1)(a) substituted by S.I. 1983/1123, art. 3, Sch. para. 4
- F2
Words substituted by virtue of (E.W.) Criminal Justice Act 1982 (c. 48, SIF 39:1), ss. 38, 46, (S.) Criminal Procedure (Scotland) Act 1975 (c. 21, SIF 39:1), ss. 289F, 289G and (N.I.) S.I. 1984/703 (N.I. 3), arts. 5, 6