54.— (1) A person who drives a mechanically propelled F130[vehicle or a combination of vehicles] in a public place while there is a defect affecting the F130[vehicle or a combination of vehicles] which he or she knows of or could have discovered by the exercise of ordinary care and which is such that the F130[vehicle or a combination of vehicles] is, when in motion, a danger to the public, commits an offence.

(2) Where a mechanically propelled F130[vehicle or a combination of vehicles] is driven in a public place while there is a defect affecting the F130[vehicle or a combination of vehicles] which the owner knows of or could have discovered by the exercise of ordinary care and which is such that the F130[vehicle or a combination of vehicles] is, when in motion, a danger to the public, such owner commits an offence.

(3) Where a person is charged with an offence under subsection (2), it is a defence to the charge for him or her to show that the F130[vehicle or a combination of vehicles] was being driven on the occasion in question by another person and that such driving was unauthorised.

(4) A person who commits an offence under this section is liable on summary conviction to a class A fine or to imprisonment for a term not exceeding 3 months or to both.

(5) Where a member of the Garda Síochána is of opinion that a person has committed an offence under this section, he or she may arrest the person without warrant.

F131[(6) Where a person is charged with an offence under this section involving a combination of vehicles it shall be presumed, until the contrary is shown, that the owner of the mechanically propelled vehicle was also the owner of any vehicle or vehicles drawn thereby at the time of the alleged offence.]]