S.L. 291.3 Art. 3Service of notice.

(1) The notice referred to in article 14(2) of the principal

Act shall be handed over to the person suspected of having committed a scheduled offence at the time the person was detected committing the act or omission giving rise to the suspicion.

(2) Where -

(a) for any of the reasons laid down in subregulation (3) it is not practical to hand over the notice to the person as aforesaid or to fix the notice as provided in article 14(2) of the principal Act; or

(b) the person is captured committing the act or omission giving rise to the suspicion on a film or photograph taken by means of close circuit television, the authorised officer shall ensure that within five (5) working days from the day on which the person was detected committing the act or omission giving rise to the suspicion, the notice is sent by mail to that person.

(3) The reasons referred to in subregulation (2) are the following:

(a) for reasons of over-speeding, dangerous driving or other serious reason;

(b) where in the exercise of his duties under article 14(2) of the principal Act the authorised officer is threatened, assaulted or insulted or is otherwise confronted with a hostile conduct.

(4) The notice referred to in subregulation (2) shall, besides the information required by article 14(2) of the principal Act, include all the facts that led the authorised officer to issue the notice, and also the reasons why the notice was not served at the time the person was detected committing the act or omission giving rise to the suspicion.

(5) Where the procedures so established in this regulation are not followed, the notice issued shall be null ipso jure.