123RChallenges to devices#

1. (1)This section applies to a defendant who intends, at the hearing of a charge against the defendant under this Act, to challenge—
2. (a)the accuracy of a speed detection device for which a certificate is given under section 123J; or
3. (b)the accuracy of a vehicle speedometer accuracy indicator for which a certificate is given under section 123K; or
4. (c)the results of an approved testing device for which a certificate is given under section 123KA; or
5. (d)the time at which, or way in which, a device mentioned in paragraph (a) to (c) was used.

The defendant must give written notice of the challenge to the prosecution.

The notice must—

• (a) be in the approved form; and
• (b) be signed by the defendant; and
• (c) state the grounds on which the defendant intends to rely to challenge a matter mentioned in subsection (1)(a) or (b); and
• (d) be given at least 14 days before the day fixed for the hearing.