Road Traffic Act 2002

Inspection of driving licences of persons charged with certain offences.

22

F22 [ F23 [ 22. F24 [ (1) Where a person is convicted of an offence under the Road Traffic Acts 1961 to 2016 other than an offence under

(a) section 38, 84, 85 or 101 of the Principal Act, or

(b) section 35 (in so far as it relates to the parking of vehicles), 36 or 36A (inserted by section 12 of the Roads Act 2007 ) of the Act of 1994,

the presiding judge shall require the person to produce his or her driving licence or learner permit to the registrar, clerk or other principal officer of the court, and the court shall record

(i) whether or not the licence or permit was produced, and

(ii) where the licence or permit was produced, the details specified in that licence or permit. ]

( a ) section 84 (inserted by section 15 of the Act of 2002), section 85 (inserted by section 16 of the Act of 2002) or section 101 of the Principal Act, or

( b ) section 35 (in so far as it relates to the parking of vehicles), section 36 or section 36A (inserted by section 12 of the Roads Act 2007 ) of the Act of 1994,

and is due to appear before a court to answer the accusation or charge, shall on the first date he or she is due to appear before the court or on a subsequent date at the discretion of the presiding judge

(i) produce to the court his or her driving licence or learner permit, and deliver it to the registrar, clerk or other principal officer of the court, and

(ii) provide a legible copy of that licence or learner permit to the court at that time, which the court shall require and retain for the purposes of establishing and recording the driving licence or learner permit details to which it relates,

and the court shall record whether or not the licence or permit and the copy of the licence or permit have been produced. ]

(2) A person who fails to produce his or her licence to the court in accordance with F24 [ a requirement under subsection (1) ] is guilty of an offence.

(3) In any proceedings for an offence under subsection (2)

( a ) a certified copy of a court order in relation to an offence referred to in subsection (1), or

( b ) any other form of notification certifying that the driving licence was not produced to the court as provided for in the Rules of Court,

is admissible as evidence of those facts. ]