Page 4410 - Week 10 - Thursday, 22 September 2011
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average speed—see the Road Transport (Safety and Traffic Management) Act 1999, section 22B.
detection point—see the Road Transport (Safety and Traffic Management) Act 1999, section 22AA.
warning notice—see section 21B (2).
21B Warning notice instead of infringement notice
(1) This section applies if—
(a) a vehicle is driven on a road between 2 detection points in the period of 3 months beginning on the day a regulation first made for the Road Transport (Safety and Traffic Management) Act 1999, section 23B (Average speed detection systems—shortest practicable route and minimum travel time) commences (the 3-month period); and
(b) an authorised person believes on reasonable grounds that an infringement notice offence that is a speeding offence involving the vehicle has been committed in the 3-month period; and
(c) the offence is evidenced by the vehicle’s average speed between the detection points.
(2) The authorised person may serve a notice (a warning notice) on the responsible person for the vehicle at the time of the offence.
Note 1 For how documents may be served, see the Legislation Act, pt 19 .5.
Note 2 Subsection (5) provides an additional way for serving warning notices (see Legislation Act, s 251 (1)).
(3) However, an authorised person must not serve a warning notice on a person for the offence if the person has previously been served with a warning notice under this section.
(4) Also, an authorised person must not serve an infringement notice on a person for the offence unless the person has been served with a warning notice under this section for another offence committed in the 3-month period.
(5) If a warning notice is to be served on a person under this section by post and the vehicle is registered under a law of another jurisdiction corresponding to the Road Transport (Vehicle Registration) Act 1999, the notice may be served by sending it by prepaid post, addressed to the person, to the latest address of the person in the registration records kept under that law.
(6) In this section:
speeding offence—see the Road Transport (Safety and Traffic Management) Act 1999, section 22AA.
21C Contents of warning notices
(1) A warning notice served on a person by an authorised person for an infringement notice offence mentioned in section 21B (a relevant infringement notice offence) must—
(a) state the date of service of the notice; and
(b) state the full name, or surname and initials, and address of the person on whom the notice is served; and
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