(1) A person who drives a mechanically propelled vehicle, a powered personal transporter, or a combination of vehicles in a public place while there is a defect affecting the vehicle, transporter, 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 vehicle, transporter, or a combination of vehicles is, when in motion, a danger to the public, commits an offence.

(2) Where a mechanically propelled vehicle, a powered personal transporter, or a combination of vehicles is driven in a public place while there is a defect affecting the vehicle, transporter, 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 vehicle, transporter, 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 vehicle, transporter, or a combination of vehicles was being driven on the occasion in question by another person and that such driving was unauthorised.