Road Traffic Act · 2026 Revised Edition · Part · General
86. Extension of owner’s common law liability
Official textFrom Attorney General's Chambers, unchanged
In addition to any liability imposed by the common law upon the owner of a motor vehicle for any injury or damage that may be caused by, or by reason of the use of such motor vehicle, such owner shall be liable for any injury or damage caused by any accident which occurs through the negligent driving of such motor vehicle by any person employed by him as a driver of such motor vehicle when not acting within the scope of his employment, or by any other person permitted by him to drive such vehicle, or by any person deputed or permitted by such driver or other person to drive such motor vehicle:
owner
“owner” means the person in whose name a motor vehicle is registered by a licensing officer: Provided that in the case of a vehicle which is the subject of a hire-purchase agreement, the term means the person in possession of the vehicle under that agreement;
Provided that no proceedings shall lie against an owner by virtue of this section unless the act or omission complained of would apart from this section have given rise to proceedings in tort against the person employed by such owner and that in any such proceedings such owner may avail himself of any defence and any right to require reduction of damages because of the plaintiff’s share of responsibility therefor as would have been available to the person employed by such owner:
person
“person” shall have the meaning assigned to it by the Interpretation and General Clauses Act;
Provided also that this provision shall not exempt from liability any other person who at common law is also liable for such injury or damage.
Road Traffic
road
“road” means any highway and any other road to which the public has access, and includes bridges over which a road passes;
In this section, “owner” includes the registered owner and the person in whom the property in the motor vehicle is vested.
motor vehicle
“motor vehicle” means any mechanically propelled vehicle intended or adapted for use on roads;
Terms defined in s 2
driver
Defined · s 2“driver”, in relation to a motor vehicle, means the person having control of the steering apparatus thereof, including, in relation to a motorcycle, the rider thereof, and in respect of trailer, means the person driving the motor vehicle by which the trailer is being drawn;
motor vehicle
Defined · s 2“motor vehicle” means any mechanically propelled vehicle intended or adapted for use on roads;
owner
Defined · s 2“owner” means the person in whose name a motor vehicle is registered by a licensing officer: Provided that in the case of a vehicle which is the subject of a hire-purchase agreement, the term means the person in possession of the vehicle under that agreement;
person
Defined · s 2“person” shall have the meaning assigned to it by the Interpretation and General Clauses Act;
road
Defined · s 2“road” means any highway and any other road to which the public has access, and includes bridges over which a road passes;
traffic
Defined · s 2“traffic” includes vehicles of every description, pedestrians, processions, and bodies of troops and all animals being ridden, driven or led;
vehicle
Defined · s 2“vehicle” means any vehicle, including a trailer, constructed, adapted or capable of being used on roads, whether mechanically propelled or not.