Type 2 vehicle related offences of same kind committed before and after commencement
874 Type 2 vehicle related offences of same kind committed before and after commencement
This section applies if—
before the commencement, and within the relevant period, the driver of a motor vehicle—
has been charged with having committed a type 2 vehicle related offence or type 2 vehicle related offences of the same kind on 2 or more previous occasions; and
for each of the charges mentioned in subparagraph (i)—
the charge has not been decided; or
the driver has been found guilty; and
after the commencement, the driver is charged with having committed a type 2 vehicle related offence of the same kind as a type 2 vehicle related offence mentioned in paragraph (a)(i).
To remove any doubt, it is declared that the provisions of the post-amended Act about the impoundment and forfeiture of a motor vehicle apply in relation to the type 2 offences committed before and after the commencement.
For this section, a type 2 vehicle related offence is the same kind as another type 2 vehicle related offence if both offences are within the description of an offence covered by a paragraph of the definition of type 2 vehicle related offence in section 69A(2) of the pre-amended Act.
In this section—relevant period, for a person who has been charged with, or found guilty of, having committed a type 2 vehicle related offence before the commencement, means the period of—
not more than 5 years before a type 2 vehicle related offence of the same kind that the person is charged with having committed after the commencement; but
not more than 3 years before the commencement.
This Act’s bill:Explanatory memorandum
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