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ROAD TRANSPORT (GENERAL) REGULATION 2005 - REG 6
Service of notices on persons under Road Transport (Driver Licensing) Act 1998
6 Service of notices on persons under Road Transport (Driver Licensing) Act
1998
(1) For the purposes of sections 239 (3) and 240 (2) of the Act, the
provisions of this clause set out the only manner in which a notice under the
driver licensing law may be given or served.
(2) The Authority may give or
serve a notice under the driver licensing law on a person by sending the
notice by post or by some other means to the person’s last known
residential address, or the address for service of notices (if any) recorded
in the driver licence register.
(3) The date on which a person is taken to
have been given or served with a notice under a regulation made under the Road
Transport (Driver Licensing) Act 1998 or a notice under section 25A (1A) of
that Act is: (a) if the notice is sent by mail-the fourth working day after
the notice was posted, or
(b) if the notice was delivered to the person
personally-the date when it is so delivered.
(4) If a person’s
residential address or address for service of notices is in another
jurisdiction, the Authority may request the driver licensing authority of
another jurisdiction to act on its behalf in giving or serving a notice on the
person or in performing any other act that the Authority could lawfully
perform in this jurisdiction.
(5) If the Authority receives a request under a
provision of the corresponding law of another jurisdiction that corresponds
with subclause (4), it may act on behalf of the driver licensing authority of
that jurisdiction accordingly.
(5A) A notice given for the purposes of clause
58 of the Road Transport (Driver Licensing) Regulation 2008 may only be given
personally.
(6) If it is provided in a regulation made under the
Road Transport (Driver Licensing) Act 1998 that any notification, document or
thing must be forwarded, surrendered or delivered to the Authority, it is
sufficient compliance with any such provision if the notification, document or
thing is forwarded or surrendered to or delivered at a motor registry within
the time prescribed by the regulation concerned.
(7) In this clause:
"corresponding law" has the same meaning as it has in the
Road Transport (Driver Licensing) Act 1998 .
"driver licence register" has the same meaning as it has in the
Road Transport (Driver Licensing) Act 1998 .
"driver licensing law" means: (a) the Road Transport (Driver Licensing)
Act 1998 , and
(b) any regulation made under that Act.
"jurisdiction" has the same meaning as it has in the
Road Transport (Driver Licensing) Act 1998 .
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