S.L. 65.18 Art. 40Recording of the penalty points on the counterpart driving licence.

(1) For each contravention, penalty points, as indicated in the

Sixth Schedule, shall be imposed by the Court of Magistrates or by the

Commissioners for Justice, as the case may be, in a computerised database established for this purpose by the Authority.

(2) Where the holder admits the offence and pays the relative pecuniary penalty in accordance with the special procedure established in article 62 of the Traffic Regulation Ordinance or in article 14 of the Commissioners for Justice Act, as the case may be, the Authority shall record, in a computerised database established for this purpose by the Authority, the minimum penalty points as indicated in the Sixth Schedule for the particular offence.

(3) When a holder of a probationary driving licence is requested to appear before a court or tribunal on charges of having committed any of the offences included in the Sixth Schedule, he shall be in possession of the said driving licence and the presiding Magistrate or Commissioner for Justice shall have the power to confiscate the said licence if the aggregate penalty points resulting from the database established by the Authority, together with the penalty points awarded by the judgment delivered by such Magistrate or Commissioner for Justice add up to twelve or more: Provided that the confiscation of the licence shall not come into effect in the event that the convicted person declares that he or she intends to appeal from the judgment or to file a petition in front of the Petitions Board. The declaration is to be made in writing by means of a note which is to be held in the records of the registrar of the court or tribunal, as the case may be, and which is to be communicated to the Authority which shall then register this fact in the computerized database which shall be established for this purpose.