Transport (Scotland) Bill 81 Part 6—Miscellaneous and general (3) If the person fails to comply with the duty under subsection (2)— (a) the person commits an offence, and (b) the person is liable to compensate any person in respect of loss or damage incurred by that person in consequence of the failure. 5 (4) A person guilty of an offence under subsection (3)(a) is liable on summary conviction to a fine not exceeding level 5 on the standard scale. (5) In civil or criminal proceedings against a person arising out of a failure to comply with the duty under subsection (2), it is a defence for the person to show that all reasonable care was taken to secure that no such failure occurred 10 by— (a) the person and the person‟s employees...