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Where the police have issued a warning notice under s.126 to the driver of a motor cycle can they also issue a warning notice to the pillion passenger?

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Where the police have issued a warning notice under s.126 to the driver of a motor cycle can they also issue a warning notice to the pillion passenger?

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A. No. They can only give a warning notice to the person ‘who is using the motor vehicle in the manner outlined in the Act’, therefore this is the person in control of the vehicle and responsible for contravening either s.3 or s.34 of the RTA. ultimately it is the person in control/driving the vehicle who will be using it in an anti social manner and not the pillion passenger.

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