Road Transport Act 1987 · Updated to 15 Oct 2023 · Part II · Classification, Registration and Licensing of Motor Vehicles and Drivers
53. Power to order appearance in court
Feedback & supportWhere a police officer, a traffic warden or a road transport officer has reasonable grounds for believing that any person committed an offence against this Act, he may, in lieu of applying to
police officer
“police officer” includes an extra police officer, a volunteer reserve police officer or an auxiliary police officer appointed under the Police Act 1967;
Road Transport 83
road
“road” means— (a) any public road and any other road to which the public has access and includes bridges, tunnels, lay-bys, ferry facilities, interchanges, roundabouts, traffic islands, road dividers, all traffic lanes, acceleration lanes, deceleration lanes, side-tables, median strips, overpasses, underpasses, approaches, entrance and exit ramps, toll plazas, service areas, and other structures and fixtures to fully effect its use; (b) for the purposes of sections 70 and 85, also includes a road under construction; and (c) for the purpose of sections 41, 42, 43, 44, 45 and 45A, also includes a parking place;
the court for a summons, forthwith serve upon that person a notice in the prescribed form ordering that person to appear before the nearest court of a Magistrate having jurisdiction to try the offence, at a time and date to be stated in such notice.
If a person who has been served a notice under subsection (1)
refuses to accept or denies receipt of the notice, the notice shall be considered to have been served to that person on the date of service of the notice.
If any person who is served with a notice as provided by subsection (1) fails to appear in person or by counsel, then, unless it appears that it was not reasonably possible for that person so to appear, the court may, if satisfied that the notice was served, issue a warrant for the arrest of that person unless in the case of a compoundable offence, that person has within the period specified in the notice, been permitted to compound the offence.