115Service of document

115 Service of document (1) The rail or road authority must not use a document made under section 114(2) in proceedings for the order unless it has served a copy of the document on the offender within 28 working days before the day the matter is set down for hearing (the day of hearing). (2) If the offender wishes to challenge a statement in the document, the offender must: (a) serve a written notice on the rail or road authority at least 14 working days before the day of hearing; and (b) specify in the notice the matters in the document that the offender intends to challenge; and (c) if the offender intends to challenge the accuracy of a measurement, analysis or reading stated in the document – specify in the notice: (i) the reason why the offender alleges that it is inaccurate; and (ii) the measurement, analysis or reading that the offender considers to be correct. (3) The requirements of subsection (2) in relation to a document made under section 114(2) must be met before the offender may challenge a statement in the document. (4) Despite subsection (3), the court may allow the offender to challenge a statement in the document if the court considers it to be in the interests of justice.