§ Mr. Woof
asked the Minister of Transport if she will introduce legislation to clarify the responsibility incurred if a motor vehicle involved in a road accident is said by the police to be not roadworthy, despite the fact that the vehicle carries a test certificate from an authorised garage certifying that it has passed the road test required by her Department.
§ Mr. Swingler
No. It is an offence to use or permit the use of a motor vehicle on the roads in unroadworthy condition and responsibility must rest with the user. In the case of proceedings it is for the courts to decide whether there are mitigating circumstances. A test certificate relates to the condition of a vehicle at the time of the test and though it is valid for twelve months as evidence that the vehicle has been submitted for test it is not a warranty of condition throughout that period.