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Road Transport (General) Act 1999
35Application for withdrawal—decision
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35 Application for withdrawal—decision
(1) On application by a person under section 34, the administering
(a) withdraw the infringement notice; or
(b) refuse to withdraw the infringement notice; or
(c) in writing, ask the applicant or a person mentioned in the
application for further information to assist the authority to
make a decision under this section.
(2) If the administering authority asks for further information, the
information must be given in the form of a written statement.
(3) If the application is in the form of an infringement notice declaration,
the administering authority may refuse to withdraw the infringement
notice if it is satisfied on reasonable grounds that the applicant has
not taken all reasonable steps to assist the authority to identify and
locate the individual who was in possession or control of the vehicle
at the time of the offence.
Note The guidelines may include other grounds for refusing to withdraw an
infringement notice declaration.
(4) The administering authority must give the applicant written notice of
its decision under this section and, if the decision is to refuse to
withdraw the infringement notice, reasons for the refusal.