Service of certificates
126 Service of certificates
In this section —
certificate means a certificate mentioned in section 125(2).
If a road authority proposes to use a certificate, the road authority must serve a copy of the certificate on the accused at least 28 days before the day on which the matter is set down for hearing.
A certificate cannot be used in the proceedings unless a copy of the certificate has been served in accordance with this section.
An accused who wishes to challenge a statement in a certificate must serve a notice in writing on the road authority at least 14 days before the day on which the matter is set down for hearing.
The notice of intention is to specify the matters in the certificate that are intended to be challenged.
If the accused intends to challenge the accuracy of any measurement, analysis or reading in the certificate, the accused must specify the reasons in support of the accused’s allegations that it is inaccurate and must specify the measurement, analysis or reading that the accused considers to be correct.
The accused cannot challenge any matter in the certificate if the requirements of this section have not been complied with in relation to the certificate, unless the court gives leave to do so.
This Act’s bill:Explanatory memorandumSecond reading speech
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