S.L. 499.59 Art. 68Penalty points and administrative penalties.

(1) The Authority shall impose the administrative penalties prescribed in column 2 of the Fifth Schedule and the corresponding penalty points calculated in terms of subregulation

(4) on any licence holder who contravenes the provisions of the regulations listed in column 1 of the Fifth Schedule.

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

(3) Where a licence or 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 that licence or permit holder, in addition to the administrative penalties prescribed in the Fifth Schedule and the corresponding penalty points calculated in terms of sub-regulation (4), an additional twenty penalty points.

(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 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 where criminal proceedings have already been instituted in court against such person with respect to the said breach.

(7) The Authority shall, before imposing an administrative penalty in terms of these regulations, inform the person on whom the penalty is imposed of its intention to do so by notice in writing. Every 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 such representations before arriving at a final decision. The Authority shall notify in writing its final decision to the applicant concerned.