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Section 53

Power to order appearance in court

of Road Transport Act 1987

ActIn forceProvision 67 of 176
Section 53
(1)

Where 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

Road Transport 83

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.

(1A)

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.

(2)

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.