XN000022-1974-07-05 — Page 6

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FRIDAY, JULY 5, 1974

+IT WOULD THEREFORE BE WRONG TO INTERPRET THE FIXED PENALTY SYSTEM AS AN INFRINGEMENT OF THE PRESENT RIGHTS OF A MOTORIST SINCE IT IS MERELY ANOTHER AND SIMPLER WAY FOR HIM TO DISCHARGE HIS CRIMINAL LIABILITY FOR A TRAFFIC OFFENCE.+ HE ADDED.

UNDER THE BILL, A MOTORIST WHO COMMITS CERTAIN OFFENCES MAY BE GIVEN A PRELIMINARY FIXED PENALTY TICKET ON THE SPOT. THIS WILL BE FOLLOWED BY A FORMAL DEMAND NOTICE SENT TO HIM BY POST REQUIRING PAYMENT WITHIN 21 DAYS.

IF HE FAILS TO PAY THE FIXED PENALTY WITHIN THE SPECIFIED PERIOD, A SUMMONS MAY BE SERVED ON HIM BY POST. THE BILL PROVIDES THAT COURTS CAN HEAR CASES IN THE ABSENCE OF THE DEFENDANT IF HE FAILS TO ANSWER A SUMMONS.

HOWEVER, THE DEFENDANT CAN STILL PAY THE FIXED PENALTY AFTER THE INSTITUTION OF PROCEEDINGS AGAINST HIM AS LONG AS HE PAYS NOT LATER THAN THREE DAYS BEFORE THE DATE FIXED FOR HEARING OF HIS CASE. IN THIS CASE, HE MUST ALSO PAY FIXED COSTS OF $25.

IF THE DEFENDANT, AFTER CONVICTION, REFUSES OR FAILS TO PAY A FINE IMPOSED BY THE COURT FOLLOWING NON-PAYMENT OF A FIXED PENALTY TICKET, THE COMMISSIONER FOR TRANSPORT MUST REFUSE TO ISSUE, OR RENEW, THAT PERSON'S DRIVING LICENCE.

THE COMMISSIONER MUST ALSO REFUSE TO ISSUE OR RENEW THE LICENCE OF ANY VEHICLE OWNED BY THAT PERSON, OR REFUSE TO TRANSFER THE REGISTRATION OF ANY YERIZKE OINED BY HIN.

THESE PROHIBITIONS, HOWEVER, MILL, CEASE, AS SOON AS THE DEFENDANT PAYS THE FINE OR COSTS, OR IF HE SERVES A TERM OF IMPRISONMENT FOR NON-PAYMENT, OR IF IS CONFICTION IS QUASHED ON APPEAL.

THE BILL EMPOWERS THE COMMISSIONER OF POLICE TO WITHDRAW ANY TICEKT GIVEN, AND PROVIDES FOR THE REPAYMENT OF A PENALTY PAID UNDER A WITHDRAWN NOTICE.

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