The Summary Offences Procedure Regulations, 1991

Transcription

1 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG 2 1 The Summary Offences Procedure Regulations, 1991 being Chapter S-63.1 Reg 2 (effective January 1, 1991) as amended by Saskatchewan Regulations 30/91, 44/92, 112/92, 152/92, 2/93, 16/93, 93/93, 15/94, 38/94, 36/95, 37/95, 14/96, 38/96, 39/96, 98/96, 57/97, 19/98, 82/98, 8/1999, 62/1999, 26/2000, 51/2000, 58/2000, 73/2000, 99/2000, 23/2001, 93/2001, 14/2002, 94/2002, 124/2002, 15/2003, 127/2003 and 82/2004. NOTE: This consolidation is not official. Amendments have been incorporated for convenience of reference and the original statutes and regulations should be consulted for all purposes of interpretation and application of the law. In order to preserve the integrity of the original statutes and regulations, errors that may have appeared are reproduced in this consolidation.

2 2 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, 1991 Table of Contents 1 Title 2 Interpretation 3 Application 4 Peace officers 5 Summons ticket offences 6 Offence notice ticket offences 6.1 Offences with bicycle 7 Parking violations 8 Voluntary payment offences 9 Discretionary offences 10 Form of ticket 11 Use of ticket 12 Completion of ticket 13 Specified penalty sum 14 Late payment charge 14.1 Designated offences re The Vehicle Administration Act 16 Forms 17 Service of documents 17.1 Offence notice ticket re red light camera 18 Address for service 19 Deduction from fine revenues 20 R.R.S. c.s-63 Reg 3 repealed Form A Form B Appendix PART I Forms Certificate Of Offence Application For Extension Of Time For Payment Of Fine Form C Warrant of Committal On An Order For Payment Of Money Form D Request For Hearing After Notice Of Warrant Of Commmittal Form D1 Affidavit of Default of Payment of Restitution Order Form E Repealed Form F Form G Form H Repealed Repealed Recognizance PART II Voluntary Payment Offences Summons Ticket Issued PART III Voluntary Payment Offences Offence Notice Ticket Issued PART IV Discretionary Offences Repealed

3 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG 2 3 CHAPTER S-63.1 REG 2 The Summary Offences Procedure Act, 1990 Title 1 These regulations may be cited as The Summary Offences Procedure Regulations, Interpretation 2 In these regulations: (a) Act means The Summary Offences Procedure Act, 1990; (b) ticket means a summary offence ticket in the form prescribed by section 8; (c) ticket offence means an offence designated pursuant to section 5 or 6; (d) voluntary payment offence means an offence mentioned in section Dec 90 cs-63.1 Reg 2 s2. Application 3 These regulations apply to all parts of Saskatchewan. 21 Dec 90 cs-63.1 Reg 2 s3. Peace officers 4 The following categories of persons are designated as peace officers for the purposes of the Act: (a) enforcement officers as defined in The Parks Act while enforcing that Act; (b) inspectors as defined in The Animal Products Act while enforcing The Livestock Inspection and Transportation Regulations, 1978 ; (c) persons designated as traffic officers pursuant to The Traffic Officer Designation Regulations while enforcing The Highway Traffic Act, The Motor Carrier Act, The Vehicle Administration Act, The Snowmobile Act, The All Terrain Vehicles Act, The Forest Act, The Dangerous Goods Transportation Act or The Highways and Transportation Act, 1997; (d) conservation officers within the meaning of The Forest Act while enforcing that Act; (e) inspectors as defined in The Dangerous Goods Transportation Act while enforcing that Act; (f) persons appointed as officers pursuant to The Fisheries Act (Saskatchewan), 1994 while enforcing the provisions of that Act; (g) enforcement officers designated pursuant to The Renewable Resources, Recreation and Culture Act while enforcing the provisions of The Outfitter and Guide Regulations, 1988;

4 4 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, 1991 (h) enforcement officers designated pursuant to section 49 of The Fuel Tax Act, 2000 while enforcing that Act; (i) persons appointed pursuant to clause 10(2)(c) of The Alcohol and Gaming Regulation Act, 1997 while enforcing the provisions of that Act; (j) persons appointed pursuant to section 16 of The Tobacco Control Act, while enforcing that Act; (k) environment officers appointed pursuant to section 65 of The Environmental Management and Protection Act, 2002 while enforcing that Act. 21 Dec 90 cs-63.1 Reg 2 s4; 24 Dec 92 SR 152/92 s3; 19 May 95 SR 36/95 s3; 11 Jly 97 SR 57/97 s3; 12 Apr 2001 SR 23/2001 s3; 14 Dec 2001 SR 93/2001 s3; 22 Feb 2002 SR 14/2002 s3; 4 Apr 2003 SR 15/2003 s3; 2 Jan 2004 SR 127/2004 s3. Summons ticket offences 5 Offences pursuant to the following Acts, regulations and bylaws, other than the offences set out in Part 3 of the Appendix, are designated as offences for which proceedings may be commenced pursuant to Part III of the Act by the issuance of a summons ticket: (a) The Alcohol and Gaming Regulation Act, 1997; (b) The All Terrain Vehicles Act; (c) The Dangerous Goods Transportation Act, 1997; (d) The Direct Sellers Act; (e) The Highways and Transportation Act, 1997; (f) (g) (h) (i) subject to clause 6(c), The Highway Traffic Act; The Litter Control Act; The Motor Carrier Act; The Parks Act; (j) The Snowmobile Act, 1998; (k) The Vehicle Administration Act; (l) The Wildlife Act, 1998; (m) regulations made pursuant to the Acts mentioned in clauses (a) to (l); (n) The Fisheries Act (Saskatchewan), 1994 and The Fisheries Regulations; (o) The Livestock Inspection and Transportation Regulations, 1978 made pursuant to The Animal Products Act; (p) bylaws pursuant to The Meewasin Valley Authority Act that control traffic within Meewasin Valley; (q) bylaws pursuant to The Wakamow Valley Authority Act that control traffic within Wakamow Valley;

5 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG 2 5 (r) bylaws pursuant to The Wascana Centre Act that control traffic within Wascana Centre; (s) bylaws of a city, town, village or rural municipality: (i) that relate to the regulation of vehicles or the use of highways, if approval of the bylaws is required and the bylaws are approved by the Highway Traffic Board; or (ii) that relate to: (A) jay-walking; (B) noise control; (C) littering; (D) animal control; or (E) panhandling; (t) The Outfitter and Guide Regulations, 1988; (u) section 24 of The Summary Offences Procedure Act, 1990; (v) The Fuel Tax Act, 2000; (w) The Vehicle Equipment Regulations, 1987 where the person charged is a corporation; (x) The Tobacco Control Act; (y) The Environmental Management and Protection Act, 2002 and the regulations made pursuant to that Act. 21 Dec 90 cs-63.1 Reg 2 s5; 6 Nov 92 SR 112/ 92 s3; 24 Dec 92 SR 152/92 s4; 26 Nov 93 SR 93/93 s3; 3 Jne 94 SR 38/94 s3; 19 May 95 SR 36/95 s4; 12 Apr 2001 SR 23/2001 s4; 14 Dec 2001 SR 93/2001 s4; 22 Feb 2002 SR 14/2002 s4; 25 Oct 2002 SR 94/2002 s3; 4 Apr 2003 SR 15/2003 s4; 2 Jan 2004 SR 127/2004 s4. Offence notice ticket offences 6 The following offences are designated as offences for which proceedings may be commenced pursuant to Part IV of the Act by the issuance of an offence notice ticket: (a) subject to subsection 9(2), offences set out in Part 3 of the Appendix; (b) offences pursuant to The Vehicle Equipment Regulations, 1987, except where the person charged is a corporation; (c) offences pursuant to The Highway Traffic Act where any of the following is charged pursuant to section 93 of that Act: (i) an owner of a vehicle who is an individual; (ii) a person in charge of a vehicle. 21 Dec 90 cs-63.1 Reg 2 s6; 24 Dec 92 SR 152/ 92 s5; 5 Mar 93 SR 16/93 s3; 3 Jne 94 SR 38/94 s4; 26 Apr 96 SR 14/96 s.3.

6 6 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, 1991 Offences with bicycle 6.1(1) Notwithstanding sections 5 and 6, with respect to any offence pursuant to The Highway Traffic Act or pursuant to any municipal traffic bylaw where the vehicle involved in the offence is a bicycle proceedings may be commenced pursuant to Part III of the Act by the issuance of a summons ticket. (2) Notwithstanding clause 8(b), where a specified penalty sum is set out in Table 1 or in Table 5 of Part 3 of the Appendix for any offence for which a summons ticket is issued pursuant to subsection (1), that specified penalty sum shall apply and may be paid without an appearance in court. 6 Nov 92 SR 112/92 s4. Parking violations 7(1) Notwithstanding sections 5, 6, and 6.1, the use of the ticket is not authorized for enforcing parking violations pursuant to a bylaw. (2) For the purpose of subsection 4(5) of the Act an information with respect to a municipal bylaw parking offence is not required to be laid under oath. 6 Nov 92 SR 112/92 s5; 11 Jly 97 SR 57/97 s4. Voluntary payment offences 8 The offences with respect to which a specified penalty sum may be paid without appearing in court: (a) in the case of offences for which a summons ticket is issued, are the offences set out in Tables 1 to 32 of Part 2 of the Appendix as follows: (i) the offences pursuant to The Highways and Transportation Act, 1997 set out in Table 1; (ii) the offences pursuant to The Vehicle Weight and Dimension Regulations, 1988 set out in Table 2; (iii) the offences pursuant to The Vehicle Administration Act set out in Table 3; (iv) the offences pursuant to The Motor Carrier Act set out in Table 4; (v) the offences pursuant to The Dangerous Goods Transportation Act set out in Table 5; (vi) the offences pursuant to The Livestock Inspection and Transportation Regulations, 1978 set out in Table 6; (vii) the offences pursuant to The Highway Traffic Act set out in Table 7; (vii.1) the offences pursuant to The Commercial Vehicles Hours of Service Regulations set out in Table 7.1; (viii) the offences pursuant to The All Terrain Vehicles Act set out in Table 8; (ix) the offences pursuant to The Snowmobile Act set out in Table 9; (x) the offences pursuant to The School Bus Operating Regulations, 1987 set out in Table 10;

7 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG 2 7 (xi) the offences pursuant to The Alcohol and Gaming Regulation Act, 1997 set out in Table 11; (xii) the offences pursuant to The Wildlife Act, 1998 set out in Table 12; (xiii) the offences pursuant to The Wildlife Regulations, 1981 set out in Table 13; (xiv) the offences pursuant to The Firearm Safety/Hunter Education Regulations set out in Table 14; (xv) the offences pursuant to The Parks Regulations, 1991 set out in Table 15; (xvi) Repealed. 12 Jne 92 SR 44/92 s3; (xvii) the offences pursuant to The Fisheries Act (Saskatchewan), 1994 set out in Table 17; (xviii) the offences pursuant to The Fisheries Regulations set out in Table 18; (xix) the offences pursuant to The Outfitter and Guide Regulations, 1988 set out in Table 19; (xx) the offences pursuant to The Fuel Tax Act, 2000 set out in Table 20; (xxi) the offences pursuant to The Vehicle Equipment Regulations, 1987 set out in Table 21; (xxii) the offences pursuant to The Tobacco Control Act set out in Table 22; (xxiii) the offences pursuant to The Environmental Management and Protection Act, 2002 set out in Table 23; (xxiv) the offences pursuant to The Environmental Spill Control Regulations set out in Table 24; (xxv) the offences pursuant to The Hazardous Substances and Waste Dangerous Goods Regulations set out in Table 25; (xxvi) the offences pursuant to The Mineral Industry Environmental Protection Regulations, 1996 set out in Table 26; (xxvii) the offences pursuant to The Municipal Refuse Management Regulations set out in Table 27; (xxviii) the offences pursuant to The Ozone-depleting Substances Control Regulations set out in Table 28; (xxix) the offences pursuant to The PCB Waste Storage Regulations set out in Table 29; (xxx) the offences pursuant to The Scrap Tire Management Regulations set out in Table 30; (xxxi) the offences pursuant to The Used Oil Collection Regulations set out in Table 31; (xxxii) the offences pursuant to The Water Regulations, 2002 set out in Table 32;

8 8 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, 1991 (b) in the case of offences for which an offence notice ticket is issued, are: (i) the offences set out in Tables 1 to 5 of Part 3 of the Appendix as follows: (A) the offences pursuant to The Highway Traffic Act set out in Table 1; (A.1) the offences pursuant to The Commercial Hours of Service Regulations set out in Table 1.1; (B) the offences pursuant to The Parks Regulations, 1991 set out in Table 2; (C) the offences pursuant to The Vehicle Equipment Regulations, 1987 set out in Table 3; (D) the offences pursuant to The School Bus Operating Regulations, 1987 set out in Table 4; (E) the offences pursuant to a bylaw of a city, town, village or rural municipality, The Wascana Centre Authority, The Meewasin Valley Authority or The Wakamow Valley Authority set out in Table 5; (ii) the offences pursuant to The Vehicle Equipment Regulations, 1987 that are not set out in Table 3 of Part 3 of the Appendix; and (iii) the offences pursuant to The Highway Traffic Act set out in Table 7 of Part 2 of the Appendix where any of the following is charged pursuant to section 93 of that Act; (A) (B) an owner of a vehicle who is an individual; a person in charge of a vehicle. 21 Dec 90 cs-63.1 Reg 2 s8; 12 Jne 92 SR 44/ 92 s3; 6 Nov 92 SR 112/92 s6; 24 Dec 92 SR 152/92 s6; 5 Mar 93 SR 16/93 s4; 26 Nov 93 SR 93/93 s4; 19 May 95 SR 36/95 s5; 11 Jly 97 SR 57/97 s5; 28 Apr 2000 SR 26/2000 s3; 14 Jly 2000 SR 51/2000 s3; 12 Apr 2001 SR 23/ 2001 s5; 14 Dec 2001 SR 93/2001 s5; 22 Feb 2002 SR 14/2002 s5; 4 Apr 2003 SR 15/2003 s5; 2 Jan 2004 SR 127/2004 s5. Discretionary offences 9(1) The offences for which a peace officer may withdraw the specified penalty sum option and require the defendant to appear in court pursuant to subsection 14(3) of the Act are: (a) the offences set out in Part 2 of the Appendix that are marked with an asterisk; (b) an offence set out in Table 7 of Part 2 of the Appendix that results in an accident in which a person is injured or a fatality occurs; and (c) the offences set out in Tables 12 and 13 of Part 2 of the Appendix that involve a wild species at risk.

9 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG 2 9 (2) If the commission of an offence set out in Table 1 of Part 3 of the Appendix results in an injury to or the death of a person, a peace officer may, instead of following the procedures set out in section 6: (a) issue a summons ticket; (b) withdraw the specified penalty sum set out in that Table; and (c) require the defendant to appear in court pursuant to subsection 14(3) of the Act. 21 Dec 90 cs-63.1 Reg 2 s9; 26 Apr 96 SR 14/96 s.5; 28 Apr 2000 SR 26/2000 s4. Form of ticket 10(1) Form A of Part 1 of the Appendix is prescribed as the form of the summary offence ticket. (2) The ticket consists of ten parts: (a) Parts 1 and 2 to be used for laying an information and as the certificate of service; (b) Repealed. 30 Oct 98 SR 82/98 s3. (c) Part 5 to be used as the police record of the information; (d) Part 6 to be used as the peace officer s case summary notes; (e) Part 7 to be used to issue a summons with respect to a ticket offence mentioned in section 5; (f) Part 8 to be used by the person to whom the summons is directed to indicate a guilty plea and for: (i) payment of a specified penalty sum pursuant to section 10 of the Act; or (ii) registration in the fine option program pursuant to section 11 of the Act; (g) Part 9 to be used to issue an offence notice with respect to any ticket offence mentioned in section 6; and (h) Part 10 to be used by the person to whom an offence notice is directed: (i) to indicate a not guilty plea and to request a trial date pursuant to section 19 of the Act; (ii) to indicate a guilty plea and to request a date to make submissions pursuant to section 21 of the Act; (iii) to indicate a guilty plea and for payment of a specified penalty sum pursuant to section 10 of the Act; or (iv) to indicate a guilty plea and to request registration in the fine option program pursuant to section 11 of the Act. 21 Dec 90 cs-63.1 Reg 2 s10; 30 Oct 98 SR 82/ 98 s3.

10 10 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, 1991 Use of ticket 11(1) Parts 1, 2, 7 and 8 of the ticket are to be used for all summons ticket offences. (2) Parts 1, 2, 9 and 10 of the ticket are to be used for all offence notice ticket offences. (3) Parts 5 and 6 of the ticket are to be used if a peace officer: (a) lays an information or issues a summons for an offence that is not a voluntary payment offence; or (b) issues a summons or an offence notice for a voluntary payment offence and the defendant does not make the voluntary payment. 21 Dec 90 cs-63.1 Reg 2 s11; 6 Nov 92 SR 112/ 92 s7; 30 Oct 98 SR 82/98 s4. Completion of ticket 12(1) A peace officer who issues a ticket with respect to an offence shall: (a) in the spaces provided on the ticket, give: (i) the section number of the Act, regulation or bylaw pursuant to which the charge is made; (ii) a brief description in words of the offence; and (iii) the name of the person to be charged and other particulars indicated on the ticket; and (b) deliver to the defendant the summons or offence notice, as the case may require. (1.1) A peace officer who issues an offence notice ticket for an offence pursuant to The Highway Traffic Act where an owner of a vehicle or a person in charge of a vehicle is charged pursuant to section 93 of that Act shall indicate on the ticket both the section number of the Act that describes the specific offence and section 93 as the sections pursuant to which the charge is made. (2) Notwithstanding subsection (1), the particulars of birth date, driver and vehicle are not required unless the offence involves the use of a vehicle. (3) A peace officer who issues a summons on Part 7 or offence notice on Part 9 of the ticket with respect to a voluntary payment offence: (a) shall indicate, in the spaces provided on the ticket, the place, day and time at which the person charged is required to appear; (b) subject to section 9, shall indicate the amount of the specified penalty sum that is required to be paid if the person charged elects to pay a specified penalty sum;

11 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG 2 11 (c) may complete the spaces provided on the ticket following the heading THE FOLLOWING DOES NOT FORM PART OF THE CHARGE BUT IS PROVIDED FOR INFORMATION ONLY to indicate: (i) Repealed. 19 May 95 SR 37/95 s3. (ii) the name of the department or agency by which the peace officer is employed to enforce certain Acts, regulations or bylaws; and (d) shall sign the ticket before serving the summons or offence notice on the person charged. (4) On serving a summons or offence notice pursuant to section 8 of the Act, the peace officer shall sign the certificate of service in Part 2 of the ticket. 21 Dec 90 cs-63.1 Reg 2 s12; 24 Dec 92 SR 152/ 92 s7; 19 May 95 SR 37/95 s3. Specified penalty sum 13(1) The amount of the specified penalty sum payable with respect to a voluntary payment offence is the total of: (a) the penalty set out in subsection (2) or (3); and (b) the surcharge prescribed pursuant to The Victims of Crime Regulations. (2) Subject to subsection (3), the penalty payable with respect to a voluntary payment offence is: (a) for an offence set out in Table 1, 8, 11 or 22 of Part 2 of the Appendix, the amount set out in Column 5 of the table opposite the description of the offence; (b) for an offence set out in Tables 2 to 7.1, 9, 10, 12 to 21 or 23 to 32 of Part 2 of the Appendix, the amount set out in Column 4 of the table opposite the description of the offence; (c) for an offence set out in Tables 1 to 4 of Part 3 of the Appendix, the amount sent out in Column 4 of the table opposite the description of the offence; and (d) for an offence set out in Table 5 of Part 3 of the Appendix, the amount sent out in Column 3 of the table opposite the description of the offence. (3) The penalty payable with respect to a voluntary payment offence pursuant to The Vehicle Equipment Regulations, 1987 is: (a) for an offence set out in Table 21 of Part 2 of the Appendix: (i) the amount set out in column 4 of the table if the registered gross vehicle weight is less than 11,000 kilograms; and (ii) the amount set out in column 5 of the table if the registered gross vehicle weight is 11,000 kilograms or more;

12 12 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, 1991 (b) for an offence set out in Table 3 of Part 3 of the Appendix: (i) the amount set out in column 4 of the table if the registered gross vehicle weight is less than 11,000 kilograms; and (ii) the amount set out in column 5 of the table if the registered gross vehicle weight is 11,000 kilograms or more; and (c) where an offence is not specified in the tables mentioned in clauses (a) and (b): (i) $75 for an offence where the registered gross vehicle weight is less than 11,000 kilograms; and (ii) $100 for an offence where the registered gross vehicle weight is 11,000 kilograms or more. (4) Where a specified penalty sum is not indicated for an offence in Table 7 of Part 2 of the Appendix or Table 1 of Part 3 of the Appendix, the specified penalty sum payable for an offence pursuant to The Highway Traffic Act, where an owner or a person in charge of a vehicle is charged pursuant to section 93 of that Act, is $ Dec 90 cs-63.1 Reg 2 s13; 4 Mar 94 SR 15/94 s2; 11 Jly 97 SR 57/97 s6; 27 Feb 98 SR 19/98 s3; 14 Jly 2000 SR 51/2000 s4; 22 Feb 2002 SR 14/2002 s6; 2 Jan 2004 SR 127/2004 s6. Late payment charge 14(1) An offender is liable to pay a late payment charge where the offender: (a) is served with an offence notice ticket; (b) is convicted of an offence pursuant to proceedings governed by Part IV of the Act; and (c) fails to pay the fine imposed: (i) within the time allowed for payment; or (ii) immediately, if no time is allowed. (2) The late payment charge an offender is liable to pay is: (a) $30 where the offender is served with an offence notice ticket before July 1, 1994; or (b) $40 where the offender is served with an offence notice ticket on or after July 1, Jne 94 SR 38/94 s5.

13 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG 2 13 Designated offences re The Vehicle Administration Act 14.1 For the purposes of section 23.1 of The Vehicle Administration Act, the following are designated offences: (a) the offences designated as offence notice ticket offences in section 6; (b) offences pursuant to section 221, paragraphs 249(1)(a) and (b), subsections 249(3) and (4), subsection 252(1), paragraphs 253(a) and (b), subsection 254(5), subsections 255(2) and (3) and subsection 259(4) of the Criminal Code. 15 Dec 2000 SR 99/2000 s3. 15 Repealed. 6 Nov 92 SR 112/92 s8. Forms 16(1) For the purposes of subsection 26(6) of the Act, an application for extension of time for payment of a fine is to be in Form B of Part 1 of the Appendix. (2) For the purposes of subsection 29(4) or 31(1) of the Act, the form of a warrant of committal is to be in Form C of Part 1 of the Appendix. (3) For the purposes of subsection 31(2) of the Act, the form for a request for a hearing after a default conviction is to be in Form D of Part 1 of the Appendix. (3.1) For the purposes of subsection 32.4(2) of the Act, an affidavit of default of payment of restitution order is to be in Form D.1 of Part 1 of the Appendix. (4) Repealed. 26 Apr 96 SR 14/96 s.5. (5) Repealed. 26 Apr 96 SR 14/96 s.5. (6) Repealed. 26 Apr 96 SR 14/96 s.5. (7) For the purposes of section 49.1 of the Act, the form of release on recognizance is to be in Form H of Part 1 of the Appendix. 21 Dec 90 cs-63.1 Reg 2 s16; 19 May 95 SR37/ 95 s4; 26 Apr 96 SR 14/96 s5; 13 Dec 96 SR 98/ 96 s3. Service of documents 17(1) Where the Act requires a notice or document other than a summons or offence notice to be given to or served on a defendant or offender, the notice or document may be served: (a) by ordinary mail addressed to the defendant or offender at the defendant s or offender s address for service; or (b) personally on the defendant or offender. (2) Service by ordinary mail pursuant to subsection (1) may be proved by the affidavit of the clerk who mailed the notice or document. (3) For the purposes of subsection 15(3) or 20(1) of the Act, service of a notice of trial may be proved by the affidavit of the clerk, together with a document produced by the Justice Automated Information Network computer showing the clerk s notation on the computer records that the notice was served. 21 Dec 90 cs-63.1 Reg 2 s17.

14 14 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, 1991 Offence notice ticket re red light camera 17.1 An offence notice that relates to evidence obtained by a red light camera system authorized pursuant to The Highway Traffic Act may be served by sending it by ordinary mail to the defendant s address as shown on the records of the administrator as defined in The Vehicle Administration Act. 15 Dec 2000 SR 99/2000 s4. Address for service 18(1) Subject to subsections (2), (5) and (6), the address for service of a defendant or offender who is an individual is the address indicated on his or her driver s licence. (2) A defendant who is an individual and (a) who is not in possession of an driver s licence; or (b) whose address is not the address indicated on his or her driver s licence; shall, on being served with a summons or offence notice, provide an address for service to the person serving the summons or offence notice. (3) Subject to subsection (5), the address for service of a defendant that is a municipality is the municipal office. (4) Subject to subsection (5), the address for service of a defendant that is a corporation is: (a) the most recent address of the corporation indicated on the records of the Corporations Branch of the Department of Consumer and Commercial Affairs; or (b) if no address described in clause (a) is available, the registered office of the corporation. (5) After being served with a summons or offence notice, a defendant or offender may provide a clerk with a new address for service for the purpose of subsequent proceedings related to the summons or offence notice. (6) The notice required pursuant to clause 31(1)(c) of the Act may be served on the offender at the address for that person indicated in the records of the administrator designated pursuant to The Vehicle Administration Act. 21 Dec 90 cs-63.1 Reg 2 s18; 6 Nov 92 SR 112/ 92 s9. Deduction from fine revenues 19(1) In this section, fine imposed means, with respect to an offence, a fine imposed by a justice and includes the penalty mentioned in subsection 13(2) or (3), but does not include: (a) (b) a late payment payable pursuant to section 14; or a surcharge pursuant to The Victims of Crime Regulations.

15 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG 2 15 (2) The amount of a fine imposed with respect to any offence governed by the Act that is to be deducted from fine revenues pursuant to: (a) subsection 80(7.1) of The Northern Municipalities Act; (b) subsection 174(7.1) of The Rural Municipality Act, 1989; (c) subsection 92(7.2) of The Urban Municipality Act, 1984; is 25% of the fine imposed. 21 Dec 90 cs-63.1 Reg 2 s19; 12 Jne 92 SR 44/92 s4. R.R.S. c.s-63 Reg 3 repealed 20 The Summary Offences Procedure Regulations, 1986 are repealed. 21 Dec 90 cs-63.1 Reg 2 s20.

16 16 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, 1991 Appendix PART I Forms FORM A TICKET

17 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG 2 17

18 18 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, 1991

19 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG 2 19 Choose ONE of the following options: 1 I CHOOSE TO PAY THE VOLUNTARY PAYMENT AMOUNT LISTED ON THE FRONT OF THIS OFFENCE NOTICE. I have completed and signed the Plea of Guilty form below and I am sending this offence notice. Make a cheque or money order payable to the Provincial Court of Saskatchewan; Provincial Court Payment and Information Centre P.O. Box 5030 Regina, Saskatchewan S4P 3T9 If paying by Visa or MasterCard: CARDHOLDER S NAME: CARDHOLDER S SIGNATURE: VISA MASTERCARD AMOUNT $ CARD NUMBER CARD EXPIRY DATE MONTH YEAR For Visa or MasterCard payments: by INTERNET: by TELEPHONE: IN REGINA CANADA-WIDE (Monday to Friday) OFFICE HOURS: MONDAY to FRIDAY 8:30 a.m. 4:30 p.m. PLEA OF GUILTY FORM I hereby plead guilty to the offence charged against me as listed on the other side of this ticket. Name of person charged: I enclose the VOLUNTARY PAYMENT in the amount of $ (please print name) Signature: 2 I CHOOSE TO PLEAD GUILTY TO THIS OFFENCE BUT WANT TO APPEAR BEFORE A JUSTICE TO EXPLAIN WHY I SHOULD PAY A PENALTY LOWER THAN THE VOLUNTARY PENALTY OR WHY I NEED MORE TIME TO PAY. I understand I have the choice of: A appearing before a Justice at the court location and date listed on the other side of this ticket; OR B appearing before a Justice at the court location listed on the other side of this ticket BUT on a different date. To obtain a different date I understand that I must complete and sign the Plea of Guilty Form below and send this ticket BEFORE THE VOLUNTARY PAYMENT DEADLINE LISTED ON THE OTHER SIDE OF THIS TICKET to the address at the top of this page. I understand that I will be informed of the new court date by notice mailed to the address on the other side of this ticket, unless I complete the change of address below. PLEA OF GUILTY FORM I hereby plead guilty to the offence charged against me as listed on the front of this notice. I wish to have a different court date set in order to appear before a Justice and explain why I should pay a lower penalty than the voluntary penalty or ask for more time to pay: Name of person charged: Telephone: (please print name) Signature: 3 I WISH TO PLEAD NOT GUILTY. I understand I have the choice of: A appearing before a Justice at the court location and date listed on the other side of this ticket to enter my plea and have a trial date set for this matter; OR B filling out and signing the following statement and sending this offence notice to the address listed at the top of this page BEFORE THE VOLUNTARY PAYMENT DEADLINE LISTED ON THE OTHER SIDE OF THIS TICKET. I wish to PLEAD NOT GUILTY to the offence I have been charged with and WILL APPEAR AT THE COURT LOCATION LISTED ON THE OTHER SIDE OF THIS TICKET. I understand I will be advised of this trial date by ordinary mail which will be sent to the address that appears on the other side of this ticket unless I indicate a different address below. I understand that if I fail to appear for my trial it will proceed in my absence and I will be responsible for paying any penalty plus late payment charges that may result. Signature: Date: Telephone: CHANGE OF ADDRESS: Complete this section if your address is different than the address shown on the other side of the ticket: Street: City/Town: Province/State: Postal Code: Telephone: WARNING If you fail to respond to this notice by the court appearance date shown on the other side of this ticket you will be deemed not to wish to dispute the charge and: A a Justice will enter a conviction in your absence resulting in a fine to be paid within 15 days of the conviction; B if the fine amount is not paid within 30 days of the conviction, a late payment charge of $40 will be added to the fine. If paying by credit card, this late payment fee will be charged along with the voluntary payment amount; C your driver s licence will not be renewed until your fine and late payment charges are paid. Unpaid fines will be sent to a collection agency and will affect your credit rating. NOTE: The voluntary payment option includes a victim surcharge. These funds are used for programs to assist victims of crime. If you have any inquiries relating to this summons, please telephone the Provincial Court Payment and Information Centre: IN REGINA CANADA-WIDE OFFICE HOURS: MONDAY to FRIDAY 8:30 a.m. 4:30 p.m. AVIS: Vous avez le droit d employer le français devant les tribunaux suivants de la Saskatchewan: le tribunal de la sécurité routière, la cour provinciale, la cour du banc de la Reine, la cour d appel. PART 10

20 20 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, 1991

21 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG 2 21 YOU HAVE THE FOLLOWING OPTIONS: 1 If the offence is one in which there may be paid a specified penalty sum (voluntary payment as indicated on the face of the summons), sign the Plea of Guilty form below and send the summons to the address below. Make a cheque or money order payable to the Provincial Court of Saskatchewan. Provincial Court Payment and Information Centre P.O. Box 5030 Regina, Saskatchewan S4P 3T9 If paying by Visa or MasterCard: CARDHOLDER S NAME: CARDHOLDER S SIGNATURE: VISA MASTERCARD AMOUNT $ CARD NUMBER CARD EXPIRY DATE MONTH YEAR For Visa or MasterCard payments: by INTERNET: by TELEPHONE: IN REGINA CANADA-WIDE OFFICE HOURS: MONDAY to FRIDAY 8:30 a.m. 4:30 p.m. PLEA OF GUILTY FORM I hereby plead guilty to the offence charged against me in this summons (reverse side.) Signature of Person Charged I enclose the voluntary payment of $ 2 If the offence charged does not have a voluntary payment option you are required to appear in Court to answer this summons, on the date and at the place indicated on the face of this summons. W A R N I N G If you fail to respond as provided by the options, that is, if you fail: (a) (b) to pay the voluntary payment penalty indicated on the reverse; or to appear personally, or by your agent, to answer this summons on the date indicated on the reverse; then, a warrant may be issued for your arrest or the court may proceed with a trial of the matter in your absence. In addition, failure to respond may result in additional charges. Unpaid fines will be sent to a collection agency and will affect your credit rating. NOTE: Where authorized, the voluntary payment option includes a victim surcharge. These funds are used for programs to assist victims of crime. If you choose option 1 above, a conviction will be entered and recorded against you. If you have any inquiries relating to this summons, please telephone the Provincial Court Payment and Information Centre: IN REGINA CANADA-WIDE OFFICE HOURS: MONDAY to FRIDAY 8:30 a.m. 4:30 p.m. AVIS: Vous avez le droit d employer le français devant les tribunaux suivants de la Saskatchewan: le tribunal de la sécurité routière, la cour provinciale, la cour du banc de la Reine, la cour d appel. PART 8

22 22 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, 1991

23 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG Dec 2001 SR 93/2001s6; 4 Apr 2003 SR 15/2003 s6; 10 Sept 2004 SR 82/2004 s2. FORM A PART 3 Repealed. 30 Oct 98 SR 82/98 s5. FORM A PART 4 Repealed. 30 Oct 98 SR 82/98 s5. 11 Jly 97 SR 57/97 s7; 30 Oct 98 SR 82/98 s5.

24 24 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, 1991 FORM B The Summary Offences Procedure Act, 1990 [Subsection 26(6)] PROVINCIAL COURT OF SASKATCHEWAN (location) APPLICATION FOR EXTENSION OF TIME FOR PAYMENT OF FINE TO THE JUSTICE AT 1. I, of (print full name) (city, town, village) have been convicted of the following offence (or offences) pursuant to ticket number : and on the day of, 19 at (day of month) (month), Saskatchewan a fine in the amount of was imposed. (city, town, village) 2. (To be completed if any of the offences relate to the operation of a vehicle.) My driver s licence number is. 3. The fine (or fines) is (or are) due and payable on (due date at time of conviction, or, if any extension has already been granted, the due date for payment as a result of the extension). 4. I request an extension (or further extension) of the time to pay the fine (or fines) for the following reason (or reasons): DATED at,, (city, town, village) (province) this day of, 19. (day of month) (month) Approved Not Approved Approved with Changes (Signature of Person Requesting Extension) (Signature of Judge or Justice) 6 Nov 92 SR 112/92 s.10.

25 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG 2 25 FORM C PROVINCIAL COURT OF SASKATCHEWAN (location) The Summary Offences Procedure Act, 1990 [Subsections 29(4) and 31(1)] WARRANT OF COMMITTAL ON AN ORDER FOR PAYMENT OF MONEY INFORMATION OR TICKET NO. CANADA ON BEHALF OF HER MAJESTY THE QUEEN Province of Saskatchewan TO THE PEACE OFFICERS IN SASKATCHEWAN, AND TO THE KEEPER OF THE IN SASKATCHEWAN: (name of correctional centre) WHEREAS of (name of offender) (city, town, village) was convicted of the following offences: at/in, in Saskatchewan on (city, town, village) or about the day of, 19 and it was ordered that (day of month) (month) the offender pay a fine of $ on or before, 19 and, in default, that the offender be imprisoned in the (name of correctional centre) for a term of days, I hereby command you, in Her Majesty s name, to take the offender and convey the offender safely to the (name of correctional centre) at (city, town, village) in the said province, and deliver the offender to the keeper of it, together with the following precept:

26 26 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, 1991 I hereby command you, the keeper of the (name of correctional centre) to receive the offender into your custody and imprison the offender there for the term of days unless the amount of the fines and the costs and charges of the committal and of conveying the offender to the correctional centre are paid before the end of the term, and for so doing this is a sufficient warrant. DATED at,, (city, town, village) (province) this day of, 19. (day of month) (month) A Justice of the Peace in and for Saskatchewan 21 Dec 90 c.s-63.1 Reg 2 Form C. FORM D PROVINCIAL COURT OF SASKATCHEWAN (location) The Summary Offences Procedure Act, 1990 [Subsection 31(2)] REQUEST FOR HEARING AFTER NOTICE OF WARRANT OF COMMITTAL TO THE JUSTICE AT 1. I, of (print full name) (city, town, village) have received a written notice dated the day of, 19, (day of month) (month) pursuant to clause 31(1)(c) of The Summary Offences Procedure Act, 1990 of the intent to issue a warrant of committal for imprisonment for a fine (or fines) in default. 2. The notice advised that a default conviction was entered against me for the following offence (or offences): and that the conviction was entered on the day of, 19. (day of the month) (month) 3. I have failed to pay the fine (or fines) for the following reason (or reasons):

27 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG I request a hearing before a justice to explain why I think that a warrant of committal for imprisonment should not be issued. 5. The address where a notice of the time and place for the hearing should be sent to me is: DATED at,, (city, town, village) (province) this day of, 19. (day of month) (month) (Signature of Person Requesting Extension) 21 Dec 90 c.s-63.1 Reg 2 Form D.

28 28 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, 1991 FORM D.1 Affidavit of Default of Payment of Restitution Order [Subsection 32.4(2)] Court of Queen s Bench for Saskatchewan (location) Affidavit of Default of Payment of Restitution Order I,, of, Saskatchewan, make oath and say: 1. That I am the person to be paid pursuant to the restitution order # made by on. 2. That attached and marked Exhibit A to this my affidavit is a copy of restitution order #. 3. That the offender has: not paid any of the of the amount ordered. OR paid $ of the amount ordered. 4. That $ remains unpaid pursuant to the order. (amount) 5. That I make this affidavit in support of the registration of the restitution order with this Honourable court pursuant to subsection 32.4(2) of The Summary Offences Procedure Act, SWORN BEFORE ME at the of ) in the Province of ) of Saskatchewan, this day of ), 19. ) (Signature) A Commissioner for Oaths in and for the Province of Saskatchewan. My commission expires on 13 Dec 96 SR 98/96 Form D.1. FORM E Repealed. 26 Apr 96 SR 14/96 s.6. FORM F Repealed. 26 Apr 96 SR 14/96 s.6. FORM G Repealed. 26 Apr 96 SR 14/96 s.6.

29 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG 2 29 FORM H [Section 49.1 of The Summary Offences Procedure Act, 1990] RECOGNIZANCE I,, of,, understand that (name) (occupation) it is alleged that I have committed. (set out substance of offence). In order that I may be released from custody, I acknowledge that I owe $ (not exceeding $500) to the Crown in right of Saskatchewan to be levied on my real and personal property if I fail to attend court as required in this recognizance. (or, where the person is not ordinarily resident in Saskatchewan and the officer believes that the person will not obey a summons) In order that I may be released from custody, I acknowledge that I owe $ (not exceeding $500) to the Crown in right of Saskatchewan and deposit (money or other valuable security not exceeding in amount or value $500) to be forfeited if I fail to attend court as required in this recognizance. I acknowledge that I am required to attend court on day, the day of, 19, at o clock in the noon, in courtroom No., at court, in the municipality of, and to attend after that as required by the court, in order to be dealt with according to law. I understand that failure without lawful excuse to attend court in accordance with this recognizance is an offence pursuant to subsection 24(2) of The Summary Offences Procedure Act, Subsection 24(2) of The Summary Offences Procedure Act, 1990 provides as follows: (2) A defendant is guilty of an offence and liable on summary conviction to a fine of not more than $500 if: (a) the defendant has been arrested under a warrant as a result of failing to appear pursuant to a summons or a summons issued pursuant to the Criminal Code (Canada); (b) in connection with the arrest under warrant mentioned in clause (a), the defendant has given a promise to appear to an officer in charge, has given an undertaking to appear to a justice or has entered a recognizance before an officer in charge or justice; and (c) the defendant has failed to appear at the time and in the court indicated in the promise to appear, undertaking or recognizance mentioned in clause (b). Dated this day of, 19, at. (signature of accused) 19 May 95 SR 37/95 s6.

30 30 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, 1991 PART 2 Voluntary Payment Offences - Summons Ticket Issued [Clause 8(a)] TABLE 1 The Highways and Transportation Act, 1997 The provisions set out in Column 3 are the provisions of The Highways and Transportation Act, 1997 that impose the prohibitions or requirements described in Column 2. The provisions of that Act listed in Column 4 provide that contraventions of the corresponding provisions in Column 3 are offences. The provisions in Column 3 that are marked with an asterisk are the provisions for which a peace officer may withdraw the specified penalty sum option and require the defendant to appear in court. Column 1 Column 2 Column 3 Column 4 Column 5 Item Description Penalty Sum Number of Offence Section Offence in Dollars 1 Bypassing a weighing machine 37(2)* 37(11) $150 2 Contravening minister s weight order 38(1)* 38(2) 100 plus $10 for each 50 kilograms or fraction thereof of overweight exceeding statutory limit and $15 for each 50 kilograms of excess weight if the excess weight is 1,000 kilograms or more 3 Repealed. 30 Oct 98 SR 82/98 s6. 4 Exceeding maximum weight specified in a permit 38(1)* 38(2) 100 plus $10 for each 50 kilograms or fraction thereof of overweight exceeding statutory limit and $15 for each 50 kilograms of excess weight if the excess weight is 1,000 kilograms or more

31 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG Exceeding maximum dimension specified in a permit 38(1)* 38(2) 50 for individuals; 100 for corporations 6 Failing to comply with a term or condition specified in a permit 38(1) 38(2) 50 for individuals; 100 for corporations 7 Repealed. 30 Oct 98 SR 82/98 s6. 8 Throwing or placing rubbish or litter on a public highway 23(1) 23(2) 50 9 Driving a vehicle loaded insecurely 40(2) 40(5) Driving a vehicle where discharge, emission or escape of dangerous goods occurs or is imminent 40(3) 40(5) Operating a vehicle with cargo not secured in accordance with the regulations 40(4) 40(5) Feb 98 SR 19/98 s4; 30 Oct 98 SR 82/98 s6; 28 Apr 2000 SR 26/2000 s5; 14 Jly 2000 SR 51/2000 s6. TABLE 2 The Vehicle Weight And Dimension Regulations, 1999 The provisions set out in Column 3 are the provisions of The Vehicle Weight and Dimension Regulations, 1999, made pursuant to The Highways and Transportation Act, 1997, that impose the prohibitions or requirements described in Column 2. Section 38 of that Act provides that a contravention of those regulations is an offence. The provisions in Column 3 that are marked with an asterisk are the provisions for which a peace officer may withdraw the specified penalty sum option and require the defendant to appear in court. Column 1 Column 2 Column 3 Column 4 Item Number Description of Offence Section Penalty Sum in Dollars 1 Exceeding the maximum 7* $50 for individuals; width specified 100 for corporations 2 Exceeding the maximum 7* 50 for individuals; length specified 100 for corporations 3 Exceeding the maximum 7* 50 for individuals; height specified 100 for corporations

32 32 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, Exceeding the maximum 8 50 for individuals; internal dimensions 100 for corporations 5 Failing to comply with 9 50 for individuals; conditions and restrictions 100 for corporations for over dimension vehicles and loads 6 Displaying a D sign, Wide for individuals; Load sign or Long Load sign 100 for corporations when not required by a permit or the regulations 7 Exceeding the maximum 13*, 14*, 15* 100 plus $10 for each weight 50 kilograms or portion of 50 kilograms of excess weight exceeding statutory limit and $15 for each 50 kilograms of excess weight if the excess weight is 1,000 kilograms or more 28 Apr 2000 SR 26/2000 s6; 15 Dec 2000 SR 99/ 2000 s5. TABLE 3 The Vehicle Administration Act The provisions set out in Column 3 are the provisions of The Vehicle Administration Act that impose the prohibitions or requirements described in Column 2. Section 80 of that Act provides that a contravention of any of those provisions is an offence. The provisions in Column 3 that are marked with an asterisk are the provisions for which a peace officer may withdraw the specified penalty sum option and require the defendant to appear in court. Column 1 Column 2 Column 3 Column 4 Item Number Description of Offence Section Penalty Sum in Dollars 1 Holder of driver s licence 18 $40 failing to notify administrator of change of name or address within 15 days 2 Holder of certificate of 43(1) 40 registration failing to notify administrator of change of name or address within 15 days 3 Operating or causing to 49(a)* 50 be operated a vehicle without subsisting inspection certificate

33 SUMMARY OFFENCES PROCEDURE, 1991 S-63.1 REG Failing to locate or display 50(4)* 40 a current inspection certificate in the manner required 5 Failing to produce proof 50(5) 40 of vehicle inspection certificate 21 Dec 90 cs-63.1 Reg 2; 28 Apr 2000 SR 26/2000 s7. TABLE 4 The Motor Carrier Act The provisions set out in Column 3 are the provisions of The Motor Carrier Act that impose the prohibitions or requirements described in Column 2. Section 22 of that Act provides that a contravention of any of those provisions is an offence. The provisions in Column 3 that are marked with an asterisk are the provisions for which a peace officer may withdraw the specified penalty sum option and require the defendant to appear in court. Column 1 Column 2 Column 3 Column 4 Item Number Description of Offence Section Penalty Sum in Dollars 1 Transporting goods or 3(1)(a)* $100 for individuals; passengers without 200 for corporations obtaining an operating authority certificate 2 Transporting goods or 3(1)(b)* 100 for individuals; passengers contrary to 200 for corporations terms or conditions of an operating authority certificate 3 Transporting goods or 3(1)(c)* 100 for individuals; passengers without 200 for corporations obtaining a certificate of registration for the vehicle 4 Failing to produce a 5(3)* 40 temporary operating authority certificate 5 Defacing or altering an 11* 200 operating authority certificate 6 Defacing or altering a 11* 200 temporary operating authority certificate

34 34 S-63.1 REG 2 SUMMARY OFFENCES PROCEDURE, Failing to use a bill of 16(1)* 100 lading in the form and manner prescribed in the regulations 8 Failing to produce an operating authority certificate 9 Failing to display 21(3) 40 prescribed identification on a public service vehicle 21 Dec 90 cs-63.1 Reg 2; 28 Apr 2000 SR 26/2000 s8. TABLE 5 The Dangerous Goods Transportation Act List of voluntary payment offences under The Dangerous Goods Transportation Act. The provisions of that Act that are referred to in Column 3 are those that include the prohibition or requirement described in Column 2. Section 18 of that Act provides that a contravention of any of the provisions referred to in Column 3 is an offence. The provisions in Column 3 that are marked with an asterisk are the provisions for which a peace officer may withdraw the specified penalty sum option and require the defendant to appear in court. Column 1 Column 2 Column 3 Column 4 Item Penalty Sum Number Description of Offence Section in Dollars 1 Failing to ensure dangerous goods documentation accompanies dangerous goods consignment 6(a)* $400 2 Failing to ensure dangerous goods documentation accompanies dangerous goods consignment where an Emergency Response Assistance Plan is required on the shipping document 6(a) Handling, offering for transport or transporting dangerous goods without proper documentation 6(a)* Being a trained person, failing to produce training certificate on request 6(a)* 50 5 Not being a trained person, handling, offering for transport or transporting dangerous goods 6(a) Directing a person who is not a trained person to handle, offer for transport or transport dangerous goods without the direct supervision of a trained person 6(a) 400