Road Transport (General) Act 2005 No 11
Historical version for 30 January 2012 to 10 April 2012 (accessed 1 February 2015 at 01:39) Repealed version

212   Service of certificates

(cf model provisions, s 142)

(1)  If a roads authority proposes to use a certificate referred to in section 211 in proceedings, the roads authority must serve a copy of the certificate on the defendant at least 28 working days before the day on which the matter is set down for hearing.
(2)  Any such certificate cannot be used in the proceedings unless a copy of the certificate has been served in accordance with this section.
(3)  A defendant who wishes to challenge a statement in any such certificate must serve a notice in writing on the roads authority at least 14 working days before the day on which the matter is set down for hearing.
(4)  The notice of intention must specify the matters in the certificate that are intended to be challenged.
(5)  If the defendant is intending to challenge the accuracy of any measurement, analysis or reading in the certificate, the defendant must specify the reason why the defendant alleges that it is inaccurate and must specify the measurement, analysis or reading that the defendant considers to be correct.
(6)  The defendant 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 in the interests of justice.
Top of page