S.L. 499.56 Art. 108Penalty points and administrative penalties.

(1) The Authority shall have the discretionary power to impose the administrative penalties prescribed in column 2 of the

Ninth Schedule and the corresponding penalty points calculated in terms of sub-regulation (4) on any operator who contravenes the provisions of the regulations listed in the column 1 of the Ninth Schedule.

(2) The Authority shall have the discretionary power to impose the administrative penalties prescribed in column 3 of the Ninth Schedule of these regulations and the corresponding penalty points calculated in terms of sub-regulation (4) on any driver who contravenes the provisions of these regulations included in column 1 of the Ninth Schedule.

(3) Where a license holder or a permit holder contravenes the same provision of these regulations on five different occasions within a period of twelve consecutive months, the Authority shall impose upon such licensee, in addition to the administrative penalties prescribed in the Ninth Schedule and the corresponding penalty points calculated in terms of sub-regulation (4), an additional by such number of additional penalty points as the Authority may, in its sole discretion, deem appropriate having regard to the gravity of the breaches committed by the offender: Provided that the imposition of additional penalty point deductions shall not apply to those regulations related to the contraventions listed in the Sixteenth Schedule.

(4) The Authority shall impose one penalty point for every ten euro (€10) or part thereof imposed on a person by way of an administrative penalty in terms of this sub-regulation.

(5) Penalty points and administrative penalties shall be imposed by the Authority without recourse to a court hearing and may be imposed either as a one time penalty or on a daily cumulative basis until compliance, provided that in the latter case the accumulated penalty shall not exceed ten thousand euro (€10,000).

(6) The Authority shall not impose administrative penalties on a person for a breach of these regulations in the event that proceedings have already been instituted against such person with respect to the said breach.

(7) Where an offence has been committed in breach of regulations 72 to 78, both inclusive, the Authority shall impose an administrative penalty in terms of these regulations and request the driver to pay a deposit equal to such administrative penalty. The Authority shall order the enforcement officer to clamp the passenger transport vehicle by or in which such breach was committed until such deposit has been settled in full; provided that an official receipt shall be given by the Authority to the driver evidencing payment of such deposit. The deposit shall be refunded in the event that an appeal is lodged by the person on whom it is imposed and the Tribunal revokes the administrative penalty imposed upon such person. Where no appeal is lodged within the time stipulated in these regulations or an appeal is lodged and the Tribunal confirms the administrative penalty, the deposit shall be set-off by the Authority against such administrative penalty.

(8) Where a breach of these regulations is committed by an operator who is a natural person, the Authority shall hold the designated person liable in solidum with the operator for the payment of any administrative penalty, unless the designated person proves that the offence was committed without his knowledge and that he exercised all due diligence to prevent the commission of such breach.

(9) Where a breach of these regulations is committed by a partnership, company or other legal person, be it corporate or unincorporate, the Authority shall hold every person who at the time of the commission of the breach was a designated person, director, partner or other similar officer, or was purporting to act in any such capacity, or was a person having a power of representation or having an authority to take decisions on behalf of or having authority to exercise control within that partnership, company or other legal person, liable in solidum with the operator for the payment of any administrative penalty imposed on the operator unless such person proves that the breach was committed without his knowledge and that he exercised all due diligence to prevent the commission of such breach.

(10) The Authority shall, before imposing an administrative penalty in terms of these regulations, by notice in writing inform the person on whom the penalty is to be imposed, of its intention to do so. Such notice shall state that the person concerned has a right to make representations in writing, within ten days, to the Authority giving reasons why the administrative penalty should not be imposed and the Authority shall consider any representations so made before arriving at a final decision. The Authority shall notify in writing its final decision to the applicant concerned.

(11) Whenever an administrative penalty is imposed by the Authority in accordance with these regulations, and no appeal is filed within the stipulated time or where an appeal is filed and the Tribunal confirms the administrative penalty, the said penalty shall be paid within two (2) years from the date on which the decision imposing the penalty becomes res judicata:

Provided that the failure by the Authority to serve a written notice upon the offender requesting the immediate payment of the administrative penalty within the two (2) year period shall exonerate the offender from the payment of the administrative penalty and the offence shall, for all intents and purposes, be considered to be time-barred.

(12) Whenever an operator is found to be in breach of these regulations and an administrative penalty is imposed in accordance with these regulations, and the decision to impose such penalty becomes the operator shall be barred from renewing the res judicata, circulation licence of the respective vehicle that was in use at the time of the breach, in accordance with the relevant provisions of the Motor Vehicles Registration and Licensing Act, until the administrative penalty is paid or settled in accordance with these regulations.