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SA Time Limit of Expiation Notice?

Discussion in 'Traffic Law Forum' started by anderson johns, 3 October 2016.

  1. anderson johns

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    I have a question about time limit of expiation notice in SA.

    An expiation notice must be issued within 6 months from the date on which the offence was alleged to have committed [see Expiation of Offences Act 1996 (SA) s 6(1)(e)]

    I was arrested today and SA police was trying to issue expiation notice on me because I drove my car without third party insurance exactly 7 months 3 days ago. I remember specific date because I signed up on my TPI 3/Mar/2016.

    Police just allowed me to leave police station and told me they are gonna contact me later after checking several things.

    My question is, does the time limit run from when the offence was committed? Or when I was arrested?

    Thank you
     
  2. Rod

    Rod Well-Known Member

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    It is from date of offence. ss6(1)(e) is clear on that point.

    However, are the police trying to create a new expiation notice or enforce one that is outstanding?

    If it is a new notice for an old offence it is possible that there was a false arrest.
     

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