s 36 Presumptions for this Part
36.—(1) It is presumed, until the contrary is proved, that a person alters (whether in the course of repair or otherwise) any personal mobility device, PAB, bicycle or mobility vehicle so as to render it a non‑compliant personal mobility device, non‑compliant PAB, non‑compliant bicycle or a non‑compliant mobility vehicle (as the case may be) if it is proved —(a) that the accused had possession of the personal mobility device, PAB, bicycle or mobility vehicle;[Act 5 of 2026 wef 01/06/2026] (b) that the personal mobility device, PAB, bicycle or mobility vehicle (as the case may be) was not a non‑compliant personal mobility device, non‑compliant PAB, non‑compliant bicycle or non‑compliant mobility vehicle, when the accused acquired possession of it; and[Act 5 of 2026 wef 01/06/2026] (c) that at the time or soon after the personal mobility device, PAB, bicycle or mobility vehicle (as the case may be) ceased to be in the accused’s possession, the personal mobility device, PAB, bicycle or mobility vehicle is non-compliant.[38/2018] [Act 5 of 2026 wef 01/06/2026] (2) If in any proceedings for an offence under this Part it is proved that a person sold, or offered or displayed for sale, more than 4 personal mobility devices, power‑assisted bicycles or bicycles, or mobility vehicles within a 12‑month period to any other person or persons, it is presumed in the absence of evidence to the contrary that the person was selling personal mobility devices, power‑assisted bicycles or bicycles, or mobility vehicles (as the case may be) in the course of business during that period.[38/2018] [Act 5 of 2026 wef 01/06/2026] (3) However, nothing in subsection (2) precludes a person who sells, or offers or displays for sale, 4 or fewer personal mobility devices, power‑assisted bicycles or bicycles, or mobility vehicles within a 12‑month period to any other person or persons from being found to be selling such devices or bicycles, or such mobility vehicles (as the case may be) in the course of business.[38/2018] [Act 5 of 2026 wef 01/06/2026]