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ROAD SAFETY ACT 1986 - SECT 89A

Effect of drink-driving infringements, drug-driving infringements and excessive speed infringements



S. 89A(1) amended by No. 111/2003 s. 20(3).

    (1)     Section 89 does not apply to drink-driving infringements, drug-driving infringements or excessive speed infringements.

S. 89A(2) amended by Nos 5/1990 s. 15(4), 111/2003 s. 20(4), 32/2006 s. 65, 75/2010 s. 19.

    (2)     Subject to section 89B and despite Division 5 of Part 2 of the Infringements Act 2006 , a traffic infringement notice that is issued in respect of a drink-driving infringement, drug-driving infringement or excessive speed infringement takes effect, 28 days after the date of the notice, as a conviction for the offence specified in the notice, unless within that time the person to whom the notice was issued—

S. 89A(2)(a) inserted by No. 75/2010 s. 19.

        (a)     objects, in accordance with this section, to the infringement notice; or

S. 89A(2)(b) inserted by No. 75/2010 s. 19.

        (b)     in the case of a traffic infringement notice issued in respect of an excessive speed infringement, gives a statement under section 84BE to an enforcement official within the meaning of Part 6AA [14] .

    (3)     Despite subsection (2), if an infringement notice is withdrawn under subsection (7)(c) the person to whom the notice was issued must for all purposes be taken not to have been convicted of the offence specified in the notice.

S. 89A(4) amended by No. 5/1990 s. 15(5).

    (4)     A person may object to the infringement notice by giving notice in writing of the objection to the person specified for that purpose in the infringement notice.

    (5)     A notice of objection must state—

        (a)     that the person to whom the infringement notice was issued refuses to pay the penalty; and

        (b)     that the person requests that the matter be dealt with by a court; and

S. 89A(5)(c) amended by No. 37/1996 s. 7.

        (c)     whether or not the person intends to defend any charge arising out of the facts specified in the infringement notice.

    (6)     The giving of notice of objection to the infringement notice has the effect that—

        (a)     the infringement notice is cancelled; and

S. 89A(6)(b) amended by Nos 57/1989 s. 5(5)(b), 68/2009 s. 97(Sch. item 106.25).

        (b)     the person to whom the infringement notice was issued may only be proceeded against by the filing of a charge-sheet charging the alleged offence.

S. 89A(7) amended by No. 111/2003 s. 20(5).

    (7)     If an infringement notice is issued in respect of a drink-driving infringement or a drug-driving infringement and it subsequently appears that the offence in respect of which the notice was issued is not a traffic infringement of a kind that is prescribed for the purposes of this Part—

        (a)     the infringement notice operates as if the infringement were so prescribed; and

        (b)     any cancellation, disqualification or suspension, and any extension of probation, that results from the operation of the notice is valid; and

S. 89A(7)(c) amended by Nos 57/1998 s. 4(5)(e), 37/2014 s. 10(Sch. item 147.46).

        (c)     any police officer may, during the period of cancellation, disqualification or suspension, withdraw the infringement notice by serving on the alleged offender, in accordance with the regulations, a withdrawal notice which contains the prescribed particulars and is signed by a prosecution officer; and

S. 89A(7)(d) amended by Nos 57/1989 s. 5(5)(b), 68/2009 s. 97(Sch. item 106.25).

        (d)     the person may be proceeded against by the filing of a charge-sheet charging the alleged offence.

S. 89A(8) amended by Nos 41/1992 s. 6(1)(a)(b), 5/2016 s. 36(Sch.  1 item 47).

    (8)     A court which convicts a person or finds a person guilty after an infringement notice has been withdrawn in accordance with subsection (7)(c) must take into account any period of cancellation, disqualification or suspension, and any extension of probation, of a driver licence or learner permit that resulted from the operation of the notice that had passed before the date of the conviction or finding.

S. 89B inserted by No. 53/1989 s. 18.



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