S.L. 499.68 Art. 68Penalty points and administrative penalties.

(1) The Authority shall impose the administrative penalties prescribed in the Fourth Schedule and the corresponding penalty points calculated in terms of sub-regulation (4) on any holder of an operator’s licence (being an operator’s licence for light passenger transport services or an operator’s licence for vehicle hire services) who contravenes the provisions of the regulations listed in the Fourth Schedule. VEHICLE HIRE SERVICES

(2) The Authority shall impose the administrative penalties prescribed in the Fourth 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 the Fourth Schedule.

(3) Where the holder of an operator’s licence or driver’s permit contravenes the same provision of these regulations on five (5) different occasions within a period of twelve (12) consecutive months, the Authority shall impose upon that operator or driver, in addition to the administrative penalties prescribed in the Fourth Schedule and the corresponding penalty points calculated in terms of sub-regulation (4), an additional twenty (20) penalty points.

(4) The Authority shall impose one (1) 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:

Provided that, notwithstanding the provisions of sub-regulation (3), where a person contravenes the same provision of these regulations more than once within a period of six (6) consecutive months, there shall be imposed upon him two (2) penalty points for every ten euro (€10) or part thereof imposed upon him by order of the court or a local tribunal, as the case may be.

(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 two thousand euro (€2,000) for the holder of a driver’s permit and five thousand euro (€5,000) per licensed vehicle for the holder of an operator’s licence.

(6) 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 (10) 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.

(7) Where a breach of these regulations is committed by an operator who is a natural person, the Authority shall hold the designated person liable with the operator for the payment in solidum 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.

(8) Where a breach of these regulations is committed by a partnership, company or other legal person, 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 with the operator for in solidum 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.