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Traffic Offences Procedure Amendment Act 2001

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Traffic Offences Procedure Amendment Act 2001
TRAFFIC OFFENCES PROCEDURE AMENDMENT ACT 2001

1989 Revision 1

BERMUDA
2001 : 36

TRAFFIC OFFENCES PROCEDURE AMENDMENT ACT 2001

[Date of Assent: 27 December 2001]

[Operative Date: ..........................]

WHEREAS it is expedient to amend the Traffic Offences
Procedure Act 1974:

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:

Citation
1 This Act, which amends the Traffic Offences Procedure Act 1974,
may be cited as the Traffic Offences Procedure Amendment Act 2001.

Inserts new s. 5A in Traffic Offences Procedure Act 1974
2 The Traffic Offences Procedure Act 1974 is amended by inserting
next after section 5 the following new section—

"Service of summons by registered mail
5A (1) This section applies to a prescribed offence.

(2) Upon completing a ticket for a prescribed offence, the
issuing officer shall

(a) affix his signature to the summons portion; and

(b) cause the summons, together with a certified copy
of the record produced by the approved device and
the accompanying certificate, to be served on the

TRAFFIC OFFENCES PROCEDURE AMENDMENT ACT 2001

2 1989 Revision

owner of the vehicle involved by sending the
summons and record to him by registered mail at
his last known address.

(3) Unless the contrary is shown, the date of service of a
summons served by registered mail is the fourteenth day after it
was sent to the address referred to in subsection (2).

(4) In this section—

"approved device" has the meaning assigned to it by
section 1 of the Road Traffic Act 1947;

"owner" means the person in whose name a vehicle
is registered under the Motor Car Act 1951 or
the Auxiliary Bicycles Act 1954, as the case may
be;

"prescribed offence" has the meaning assigned to it
by section 1 of the Road Traffic Act 1947.".

Amends section 6 of the Traffic Offences Procedure Act 1974
3 The Traffic Offences Procedure Act 1974 is amended by inserting
next after section 6(1) the following subsection

"(1A) A summons shall not be so endorsed where the issuing
officer is satisfied that, within the period of two years
immediately preceding the date on which the summons is
delivered (under section 5) or served (under section 5A), the
person has been convicted of a prescribed offence on two or more
occasions.".

Commencement
4 (1) This Act comes into operation on such day as may be
appointed by the Minister of Transport by notice published in the
Gazette.

(2) The Minister may appoint different days for different
provisions.