Section 8B — Presumption of keeping unsafe device

(1)For the purpose of section 8A —

(a)if there is a registered owner of the unsafe device — the registered owner is presumed, unless the contrary is proved, to be keeping the unsafe device;

(b)if paragraph (a) does not apply and the unsafe device is in the immediate possession of a person — the person is presumed, unless the contrary is proved, to be keeping the unsafe device; and

(c)if paragraphs (a) and (b) do not apply and the unsafe device is found within any premises (other than any excluded premises) — the occupier of the premises is presumed, unless the contrary is proved, to be keeping the unsafe device.

(2)In this section —“excluded premises” means any common property within the meaning of section 2(1) of the Town Councils Act 1988, any public place within the meaning of section 2(1) of the Shared Mobility Enterprises (Control and Licensing) Act 2020 or any prescribed premises; “registered owner”, in relation to an unsafe device, means —

(a)if the unsafe device is a registrable personal mobility device — the person who is recorded in the registrable PMD register as the registered responsible person for that device at the relevant time;

(b)if the unsafe device is a power‑assisted bicycle — the person who is registered as the owner of the power‑assisted bicycle under the Road Traffic Act 1961 at the relevant time;

(c)if the unsafe device is a registrable mobility vehicle — the person who is recorded in the registrable MV register as the registered responsible person for that vehicle at the relevant time; and

(d)if the unsafe device is a registrable personal mobility device the registration of which under Part 3A of the Active Mobility Act 2017 is cancelled, a power‑assisted bicycle the registration of which under the Road Traffic Act 1961 is cancelled, or a registrable mobility vehicle the registration of which under Part 3B of the Active Mobility Act 2017 is cancelled — the following person, as applicable:

(i)the person who is last recorded in the registrable PMD register as the registered responsible person for that device;

(ii)the person who is last recorded as the owner for that power‑assisted bicycle under the Road Traffic Act 1961;

(iii)the person who is last recorded in the registrable MV register as the registered responsible person for that mobility vehicle.[Act 5 of 2026 wef 01/06/2026]