“(1) In this section and in sections 100C to 100Y, unless the context otherwise requires,—
“encumbrance, in relation to a motor vehicle, includes—
“hire purchase agreement means a hire purchase agreement within the meaning of section YA 1 of the Income Tax Act 2007
“impoundment costs, in relation to a motor vehicle that has been seized while impounded under section 96 or 96A of the Land Transport Act 1998, means the fees and charges for towage and storage that are prescribed or assessed in the manner specified by regulations made under section 167 of that Act, and, where those fees and charges have already been paid by the chief executive of the Ministry of Justice, means the amount required to reimburse the chief executive for that payment
“interest means any proprietary interest, whether legal or equitable, and whether vested or contingent
“leasing agreement does not include any agreement entered into between the defendant and the holder of a rental service licence under the Land Transport Act 1998
“person who is registered, in relation to a motor vehicle, means the person who is registered under the Land Transport Act 1998 in respect of the vehicle, and where several persons are so registered, means any one of those persons
“traffic offence means—
“(a) any offence against the Transport Act 1962, the Road User Charges Act 1977, the Transport (Vehicle and Driver Registration and Licensing) Act 1986, the Land Transport Act 1998, or the Land Transport Management Act 2003, or against any regulation or bylaw made under any of those Acts:
“use, in relation to a motor vehicle, includes driving, drawing, towing, or propelling by means of another vehicle, and permitting to be on any road
“written caution means a caution issued under section 100C.
“(2) For the purposes of sections 100C to 100Y, a person is, in relation to a defendant, a substitute for the defendant or a substitute if—
“(b) within 4 years after the date of service of that written caution, the defendant defaults, and continues to be in default, on a further fine for a traffic offence committed while using a motor vehicle that, at the time of the commission of that offence, the person owned or had an interest in.
“(4) For the purposes of the exercise of any power, or the performance of any duty or function, under this Part, the person who is registered in respect of a motor vehicle is taken to be the owner of the motor vehicle unless the person exercising the power or performing the duty or function is satisfied that the person who is registered is not the owner of that motor vehicle.
“(5) A reference in sections 100C to 100Y to a person holding a motor vehicle as nominee for a defendant or for a substitute for the defendant is a reference to a person who purports to be the owner or who is the person who is registered in respect of the motor vehicle but whose purported ownership or registration is subject to an understanding or arrangement that the person—