sec.874Type 2 vehicle related offences of same kind committed before and after commencement

### sec.874 Type 2 vehicle related offences of same kind committed before and after commencement This section applies if— before the commencement, and within the relevant period, the driver of a motor vehicle— has been charged with having committed a type 2 vehicle related offence or type 2 vehicle related offences of the same kind on 2 or more previous occasions; and for each of the charges mentioned in subparagraph (i)— the charge has not been decided; or the driver has been found guilty; and after the commencement, the driver is charged with having committed a type 2 vehicle related offence of the same kind as a type 2 vehicle related offence mentioned in paragraph (a)(i). To remove any doubt, it is declared that the provisions of the post-amended Act about the impoundment and forfeiture of a motor vehicle apply in relation to the type 2 offences committed before and after the commencement. For this section, a type 2 vehicle related offence is the same kind as another type 2 vehicle related offence if both offences are within the description of an offence covered by a paragraph of the definition of type 2 vehicle related offence in section 69A(2) of the pre-amended Act. In this section— relevant period , for a person who has been charged with, or found guilty of, having committed a type 2 vehicle related offence before the commencement, means the period of— not more than 5 years before a type 2 vehicle related offence of the same kind that the person is charged with having committed after the commencement; but not more than 3 years before the commencement. s 874 ins 2013 No. 15 s 78 (sec.874-ssec.1) This section applies if— before the commencement, and within the relevant period, the driver of a motor vehicle— has been charged with having committed a type 2 vehicle related offence or type 2 vehicle related offences of the same kind on 2 or more previous occasions; and for each of the charges mentioned in subparagraph (i)— the charge has not been decided; or the driver has been found guilty; and after the commencement, the driver is charged with having committed a type 2 vehicle related offence of the same kind as a type 2 vehicle related offence mentioned in paragraph (a)(i). (sec.874-ssec.2) To remove any doubt, it is declared that the provisions of the post-amended Act about the impoundment and forfeiture of a motor vehicle apply in relation to the type 2 offences committed before and after the commencement. (sec.874-ssec.3) For this section, a type 2 vehicle related offence is the same kind as another type 2 vehicle related offence if both offences are within the description of an offence covered by a paragraph of the definition of type 2 vehicle related offence in section 69A(2) of the pre-amended Act. (sec.874-ssec.4) In this section— relevant period , for a person who has been charged with, or found guilty of, having committed a type 2 vehicle related offence before the commencement, means the period of— not more than 5 years before a type 2 vehicle related offence of the same kind that the person is charged with having committed after the commencement; but not more than 3 years before the commencement. - (a) before the commencement, and within the relevant period, the driver of a motor vehicle— (i) has been charged with having committed a type 2 vehicle related offence or type 2 vehicle related offences of the same kind on 2 or more previous occasions; and (ii) for each of the charges mentioned in subparagraph (i)— (A) the charge has not been decided; or (B) the driver has been found guilty; and - (i) has been charged with having committed a type 2 vehicle related offence or type 2 vehicle related offences of the same kind on 2 or more previous occasions; and - (ii) for each of the charges mentioned in subparagraph (i)— (A) the charge has not been decided; or (B) the driver has been found guilty; and - (A) the charge has not been decided; or - (B) the driver has been found guilty; and - (b) after the commencement, the driver is charged with having committed a type 2 vehicle related offence of the same kind as a type 2 vehicle related offence mentioned in paragraph (a)(i). - (i) has been charged with having committed a type 2 vehicle related offence or type 2 vehicle related offences of the same kind on 2 or more previous occasions; and - (ii) for each of the charges mentioned in subparagraph (i)— (A) the charge has not been decided; or (B) the driver has been found guilty; and - (A) the charge has not been decided; or - (B) the driver has been found guilty; and - (A) the charge has not been decided; or - (B) the driver has been found guilty; and - (a) not more than 5 years before a type 2 vehicle related offence of the same kind that the person is charged with having committed after the commencement; but - (b) not more than 3 years before the commencement.