Road Traffic Act, 2002
The appropriate date. |
7.—(1) In this Act, subject to the provisions of this section, the appropriate date, in relation to penalty points, is the date that is 28 days from the date of the notice under section 5 relating to the penalty points; and, for the purposes of the application of this section to section 3 (1), the notice under section 5 is that relating to the penalty points concerned that are the latest to be endorsed on an entry before a disqualification occurs under section 3 (1) of the person to whom the entry relates. | |
(2) Where, but for this subsection, the appropriate date would fall on a day in a period when the person concerned stands disqualified pursuant to Part III of the Principal Act or section 3 or 9 for holding a licence, or is otherwise not the holder of a licence, the appropriate date shall fall on the day immediately after the end of the period aforesaid or, as the case may be, the day on which the person becomes such a holder. | ||
(3) If a court enlarges the time for instituting an appeal against a conviction for penalty point offence, it may, if it thinks it is appropriate and in the interests of justice to do so, by order provide that, in relation to the penalty points concerned— | ||
(a) (i) the period of 6 months specified in section 3 , or | ||
(ii) the period of 3 years specified in section 4 , | ||
or both such periods shall begin on such date or dates other than that or those specified in subsection (1) as may be stated in the order, or | ||
(b) such a period shall consist of 2 discontinuous periods stated in the order or each such period shall consist of 2 discontinuous periods so stated. | ||
(4) Where an order is made under subsection (3), the appropriate clerk or court registrar or such other member of the staff of the Courts Service as that Service may designate shall notify the Minister of the order. | ||
(5) In relation to a case in which an order is made under subsection (3), subsections (1) and (2), as may be appropriate, shall be construed in accordance with the order. | ||
(6) (a) In any proceedings, a certificate signed by an officer of the Minister authorised by the Minister in that behalf and stating— | ||
(i) that he or she has examined the entry relating to a person, | ||
(ii) that a penalty point was endorsed on the entry on a specified date, and | ||
(iii) the date of the notice under section 5 relating to the penalty point, | ||
shall be admissible as evidence of those facts. | ||
(b) A document purporting to be a certificate under paragraph (a) shall be deemed to be such a certificate, and to have been signed by the person purporting to have signed it and to have been so signed in accordance with an authorisation under paragraph (a), unless the contrary is shown. |