Traffic Offences Procedure Validation 1998

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1998/Acts/Traffic%20Offences%20Procedure%20Validation%201998.pdf

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Traffic Offences Procedure Validation 1998
TRAFFIC OFFENCES PROCEDURE VALIDATION ACT 1998

1

BERMUDA
1998 : 16

TRAFFIC OFFENCES PROCEDURE VALIDATION ACT 1998

[Date of Assent 14 April 1998]

[Operative Date 14 April 1998]

WHEREAS it is expedient to validate certain parking notices
purportedly issued under Part III of the Traffic Offences Procedure Act
1974, and to validate certain summary prosecutions purportedly brought
under Part II of that Act in respect of parking offences, and to make
provision for connected matters:

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Short title
1 This Act may be cited as the Traffic Offences Procedure
Validation Act 1998.

Interpretation
2 In this Act, "the 1974 Act" means the Traffic Offences Procedure
Act 1974, and expressions used in this Act which are also used in that
Act shall have the meaning assigned by that Act.

TRAFFIC OFFENCES PROCEDURE VALIDATION ACT 1998

2

Validation
3 (1) Where, before the enactment of this Act, a parking notice
which was not in the form set out in Schedule 2 to the 1974 Act was
purportedly issued under section 15 of that Act, it shall be deemed to
have been in that form and to have been a valid parking notice.

(2) Where, before the enactment of this Act,—

(a) the penalty specified in a parking notice was not paid
within seven days of the date on which the parking
notice was issued, and

(b) in consequence, a person was notified in writing of the
date and time at which he should appear before the
magistrates' court to answer to the parking offence to
which the parking notice related,

proceedings for the parking offence shall be deemed to have been
brought in accordance with the ticket summons procedure set out in
Part II of the 1974 Act.

(3) Section 452 of the Criminal Code Act 1907 (time limits
within which summary prosecutions must be begun) shall not apply to
any proceedings to which subsection (2) relates.

(4) For the avoidance of doubt—

(a) any payment received by the magistrates' court in
respect of—

(i) a penalty specified in a parking notice validated
by subsection (1), or

(ii) a fine imposed in any proceedings to which
subsection (2) relates,

shall be deemed to have been lawfully received by the
Crown in respect of that parking notice or those
proceedings; and

(b) a fine imposed in any proceedings to which subsection
(2) relates shall be enforceable in accordance with
section 30 of the Summary Jurisdiction Act 1930.