Is there a time limit for sending an infringement notice?

**diddie17** · 12th August 2009, 12:51

Just a quick question, I've tried the searching route but without any luck.

Well over a month ago now I was pulled over for speeding and the Police Officer after writing my details in his notebook, sent me on my way telling me that the infringement notice would be sent out in the post.

I've yet to recieve anything, and whilst there is a clear 28 day limit once you have recieved the ticket to reply, I can't find anything about how long they get to send you a ticket.

At what point do I assume I've been lucky and that I won't get anything. I assume it's not reasonable for them to send me a ticket 12 months after the offence, but I can't find any definition of a timescale.

Anyone got any views?

Cheers

**Disco Dan** · 12th August 2009, 13:35

Similar thing happened to me but with a stationary vehicle parking infringement. I sent in a letter to dispute it as I had parked outside AA to buy registration label and got a ticket for not displaying registration. Three months past and I had forgotten about it and had not heard or received anything. I rang the council (Waitakere) and was told they were backed up and would send out a reply in writing. Two days later a letter arrived to say I still had to pay it and it was due in 7 days along with a reminder notice dated two months prior.

I was not a happy camper but paid it and did not have the patience too dispute it any further.

Moral of the story? Well don't think you will just get 'forgotten about' however you are better off ringing up and getting it paid quickly rather than hoping it will just 'go away' because it probably wont...

**Ixion** · 12th August 2009, 15:19

There is a limit but I can't remember what it is and you can search for it just as well as I can. Purely from memory, six months.

**ready4whatever** · 12th August 2009, 15:58

dont know mate. twice iv had cops taking my details and saying im going to get something in the mail but never did, but i was just a kid when i did this stupid shit so they probably just wanted to scare me straight

**CookMySock** · 12th August 2009, 16:11

My understanding is, it is 14 days. I do not recall where I got that from.

Steve

**Renegade** · 12th August 2009, 21:06

i would have thought it was a similar statutory limitation of 6 months

**Felicks** · 12th August 2009, 21:51

Generally speaking, most traffic offences have a 6 month statue of limitations period. In essence that means the Information (charge) must be laid within 6 months from the date of the offence. This normally applies to non Infrigement matters (Traffic Offence Notices) whereby a summons is generated and the driver heads to court to face JP's. Outside this period, the charge is void.

An Infringement notice (instant fine) gets posted to the Traffic Bureau in Wellington and then gets entered into the puter. No summons is created / sent.

I'm not aware of a 14 day period but will ask around and try to get back with an answer.

To wait anything close to a statute of limitation period would be unproffessional and would create a good opportunity to have the charge withdrawn. Anyone accused of an offence has a right for the matter to be heard as soon as possible. Undue delay raises good opportunities for the defence of a charge.

If an Infringment fine isn't paid within 56 days OR the accused does not elect to defend the matter (a written reminder gets sent at 28 days), the matter is handed straight over to the court and is essentially out of Police hands.

Some charges like Disqualified driving and Log book offences, don't have a 6 month limitation.

Quite frankly from experience, if a ticket hasn't been sent within say 1 month, there's a good chance it won't come at all.

**Hiflyer** · 12th August 2009, 21:58

Originally Posted by Felicks

Generally speaking, most traffic offences have a 6 month statue of limitations period. In essence that means the Information (charge) must be laid within 6 months from the date of the offence.

An infringement notice gets posted to the Traffic Bureau in Wellington and then gets entered into the puter so that a charge can be printed. Outside this period, the charge is void.

Having said that, to wait anything close to that long would be unproffessional and would create a good opportunity to have the charge withdrawn. Anyone accused of an offence has a right for the matter to be heard as soon as possible. Undue delay raises good opportunities for the defence of a charge.

If the fine isn't paid within 56 days OR the accused does not elect to defend the matter (a written reminder gets sent at 28 days), the matter is handed straight over to the court and is essentially out of Police hands.

Some charges like Disqualified driving and Log book offences, don't have a 6 month limitation.

Quite frankly from experience, if a ticket hasn't been sent within say 1 month, there's a good chance it won't come at all.

Hello new Ixion!!!

cheers for the info tho!!!

**Felicks** · 13th August 2009, 18:16

Confirmed the following today. The 6 months staute of limitations still applies but the answer to the above query is 3 months

This is because the driver has 56 days to pay plus an extra 5 days grace for late payments to come through - 61 days in total. Therefore the ticket has to be written up and delivered within 3 months.

Hopefully that makes sense.

**YellowDog** · 13th August 2009, 18:21

Hope it makes sense.

Hope it doesn't ever get sent.

**diddie17** · 14th August 2009, 13:40

Thanks for the info guys.

There is an interesting side note to this too, which I'll update you with when/if the ticket doesn't come through. I don't want to tempt fate yet