Seanad debates

Wednesday, 14 June 2006

Road Traffic Bill 2006: Committee Stage.

 

1:00 pm

Derek McDowell (Labour)

This is an ancillary issue to Senator Burke's amendment that relates to the same general area. Under subsection (13) there is an assumption that the onus is on the individual who pays the fine to prove that he or she has done so and that is reasonable. However, the onus is also on the person who claims never to have received a disqualification notice to prove that this is the case and this is problematic. How can one prove one did not receive something? It is reasonable in such circumstances that the person who served the notice be responsible for proving that he or she did so.

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