Section 195: Photographic Enforcement Device Notice

195. Photographic Enforcement Device Notice (1) Where an offence specified in the Eighth Schedule is detected by means of a Photographic Enforcement Device, a police officer shall, within 14 days, cause a Photographic Enforcement Device Notice (PEDN) in the form set out in the Eighth Schedule to be served on the owner of the motor vehicle calling upon him— (a) to pay, within 21 days from the date of issue of the PEDN, the appropriate fine specified in the Eighth Schedule; (b) —; (c) where he was not the driver or owner of the motor vehicle at the time of the offence, to fill in and sign Part B of the PEDN and return it to the licensing officer within 14 days from the date of the issue of the PEDN. (2) Where the licensing officer receives a PEDN with Part B filled in, he shall, within 14 days, cause the PEDN to be served on the new owner or driver of the motor vehicle, as the case may be, calling upon him to comply with the requirements of subsection (1) (a). (3) A driver who has been served with a PEDN shall, within 21 days— (a) attend the appropriate District Court specified in the PEDN; (b) produce— (i) the PEDN; (ii) where he is the holder of a driving licence, a provisional driving licence or an international driving permit, that licence or permit, as the case may be; and (iii) his National Identity Card or, where he is the holder of an international driving permit, his passport; and (c) pay the fine specified in the PEDN. (3A) (a) Without prejudice to subsection (3), a driver who has been served with a PEDN may cause another person duly authorised by him in writing to pay the fine specified in the PEDN. (b) The person authorised under paragraph (a) shall— (i) attend the appropriate District Court specified in the PEDN within 21 days from the date the driver has been served with the PEDN; (ii) produce the PEDN duly signed by the driver; (iiA) produce, where the driver is the holder of a driving licence, a provisional driving licence or an international driving permit, the licence or permit of the driver, as the case may be; (iiB) produce the National Identity Card of the driver or, where the driver is the holder of an international driving permit, the passport of the driver; R27 – 153 [Issue 7] Road Traffic Act (iii) produce his National Identity Card or, in the case of a nonresident, his passport; and (iv) pay the fine specified in the PEDN. (3B) Notwithstanding any other enactment, a driver who has been served with a PEDN or another person duly authorised by the driver under subsection (3A) (a) may pay the fine specified in the PEDN in any District Court convenient to the driver or the person. (4) — (5) On receipt of payment made under subsection (3), the District Court Officer shall fill in Part D of the PEDN and, within 14 days of the date of payment, return the PEDN to the licensing officer. (6) — (7) The photographic evidence may be viewed by the owner or driver of the motor vehicle on written application made to the Commissioner of Police within 14 days of the date of issue of the PEDN and on payment of the prescribed fee. (8) In this section— “owner” includes— (a) a person in whose name the vehicle is registered, except where the person has sold or otherwise disposed of the vehicle and has complied with the enactment applicable to him in regard to such sale or disposal; (b) a person who is the joint owner of the vehicle; (c) a person who has possession of the vehicle, under a hiring, hirepurchase or lease agreement, but who ice within 14 days of the date of issue of the PEDN and on payment of the prescribed fee. (8) In this section— “owner” includes— (a) a person in whose name the vehicle is registered, except where the person has sold or otherwise disposed of the vehicle and has complied with the enactment applicable to him in regard to such sale or disposal; (b) a person who is the joint owner of the vehicle; (c) a person who has possession of the vehicle, under a hiring, hirepurchase or lease agreement, but who is not the owner under any such agreement; (d) the holder of a motor dealer’s vehicle licence issued under section 32; and (e) the holder of a permit to remove a vehicle under the Road Traffic (Removal of Unlicensed Vehicles) Regulations 1969; “serve” means— (a) deliver in person; or (b) send, by registered post, to a person’s usual or last known place of residence or business address. [S. 195 added by s. 3 of Act 39 of 2008 w.e.f. 20 December 2008 and repealed and replaced by s. 17 of Act 17 of 2012 w.e.f. 10 May 2013; amended by s. 21 (d) of Act 26 of 2013 w.e.f. 21 December 2013; s. 17 of Act 7 of 2015 w.e.f. 27 July 2015.] [Issue 7] R27 – 154 Revised Laws of Mauritius