Road Traffic Act 2002

The appropriate date.

7

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 F13 [ section 3 , Part III of the Principal Act or section 29 of the Road Traffic Act 2010 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.

F14 [ (4) Where an order is made under subsection (3) , the Minister shall be notified by the Courts Service. ]

(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.

Annotations:

Amendments:

F13

Substituted (26.10.2018) by Road Traffic (Amendment) Act 2018 (18/2018), s. 3(b), S.I. No. 405 of 2018.

F14

Substituted (24.01.2005) by Road Traffic Act 2004 (44/2004), s. 17, S.I. No. 26 of 2005.

Modifications (not altering text):

C18

Definition of Minister extended and power to transfer functions of Minister to Road Safety Authority provided (1.09.2006, establishment day) by Road Safety Authority Act 2006 (14/2006), s. 4(2), effectively commenced by establishment day order S.I. No. 462 of 2006.

Functions of Authority.

4.— ...

(2) The Minister may by order confer on the Authority such functions of the Minister under section 2, 3, 4, 5, 7 or 9 of the Road Traffic Act 2002 or section 36(6), (7) or (8) of the Road Traffic Act 1961 as specified in the order and, accordingly, a reference to the Minister in a provision so specified or connected with it includes a reference to the Authority.

...

Editorial Notes:

E18

Power pursuant to Road Safety Authority Act 2006 (14/2006), s. 4(2) exercised (13.09.2006) by Road Safety Authority Act 2006 (Conferral of Functions) Order 2006 (S.I. No. 477 of 2006), art. 2.