Traffic (Amendment) Act 2012

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Traffic (Amendment) Act 2012


Act No. 17 of 2012





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TRAFFIC (AMENDMENT) ACT 2012

Traffic (Amendment) Act 2012 Arrangement of Sections





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Act No. 17 of 2012 Page 3




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TRAFFIC (AMENDMENT) ACT 2012

Arrangement of Sections

Section

1 Short Title .............................................................................................................. 5
2 Section 25 replaced ................................................................................................ 5
3 Section 28A amended ............................................................................................ 6
4 Section 29 amended ............................................................................................... 7
5 Section 41 amended ............................................................................................... 7
6 Section 41A inserted .............................................................................................. 7
7 Form 2 amended .................................................................................................... 8
8 Form 3 inserted ...................................................................................................... 8
9 Section 15 amended ............................................................................................. 10




Traffic (Amendment) Act 2012 Section 1





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Act No. 17 of 2012 Page 5




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TRAFFIC (AMENDMENT) ACT 2012

Act No. 17 of 2012

AN ACT TO AMEND THE TRAFFIC ACT TO PROVIDE FURTHER FOR

OFFENCES RELATED TO RECKLESS DRIVING, FOR PENALTY

NOTICES AND OTHER MATTERS

I assent,

TUPOU VI,

21
st
November 2012.



BE IT ENACTED by the King and Legislative Assembly of Tonga in the

Legislature of the Kingdom as follows:

1 Short Title

This Act may be cited as the Traffic (Amendment) Act 2012.

2 Section 25 replaced

Section 25 of the Traffic Act is repealed and replaced with –

“25 Reckless driving, etc

(1) Every person who drives a motor vehicle on a road without due care

and attention or without reasonable consideration for the persons

using the road is guilty of the offence of driving without due care and

attention, and is liable to a fine not exceeding $800 or to

imprisonment for a term not exceeding 4 months or to both such fine

and imprisonment, and the Court may order that the convicted person

Section 3 Traffic (Amendment) Act 2012





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be disqualified from holding or obtaining a driver’s licence for a

period not exceeding 3 years.

(2) Every person who drives a motor vehicle on a road recklessly, or at a

speed and in a manner which, having regard to all the circumstances,

is or might be dangerous to the public, commits the offence of

reckless driving, and is liable on conviction to a fine not exceeding

$2,000 or to imprisonment for not more than 2 years or to both such

fine and imprisonment.

(3) Every person who drives a motor vehicle on a road recklessly, or at a

speed and in a manner which, having regard to all the circumstances,

is or might be dangerous to the public, and who causes bodily harm

within the meaning of section 107(2) of the Criminal Offences Act to

any person whilst so driving, commits the offence of reckless driving

causing harm and is liable on conviction to a fine not exceeding

$10,000 or to imprisonment for not more than 3 years or to both such

fine and imprisonment.

(4) Every person who drives a motor vehicle on a road recklessly, or at a

speed and in a manner which, having regard to all the circumstances,

is or might be dangerous to the public, and who causes grievous harm

within the meaning of section 106(2) of the Criminal Offences Act to

any person whilst so driving, commits the offence of reckless driving

causing grievous harm and is liable on conviction to a fine not

exceeding $25,000 or to imprisonment for not more than 7 years or to

both such fine and imprisonment.

(5) Every person who drives a motor vehicle on a road recklessly, or at a

speed and in a manner which, having regard to all the circumstances,

is or might be dangerous to the public, and who causes death to any

person whilst so driving, commits the offence of reckless driving

causing death and is liable on conviction to imprisonment for not

more than 15 years.”.

3 Section 28A amended

Section 28A of the Traffic Act is amended by repealing subsection (2) and replacing

it with –

“(2) There shall be a fine set out in the notice at the rate of –

(a) $35 plus $3 for every kilometre per hour over the maximum

speed limit in a 70 kilometre per hour speed zone; and

(b) $25 plus $2 for every kilometre per hour over the maximum

speed limit in all other zones.”.



Traffic (Amendment) Act 2012 Section 4





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Act No. 17 of 2012 Page 7




4 Section 29 amended

Section 29 of the Traffic Act is amended by repealing “section 25(2)(b)” and

replacing it with “section 25(2), (3), (4) or (5)”.

5 Section 41 amended

Section 41 of the Traffic Act is amended by repealing “Every” and replacing it with

“In every case to which section 41A(2)(a)(i) does not apply a”.

6 Section 41A inserted

The Traffic Act is amended by inserting the following section –

“41A Infringement Notices

(1) If a police officer considers that any person has committed an offence

against any of the provisions specified in subsection (6) he may issue to

the person a Notice of Infringement in the form set out in Form 3 of the

Schedule.

(2)

(a) A person issued with such a notice may —

(i) pay the fine set out in the notice, applicable to the offence

alleged, to a Magistrate's Court; or

(ii) contest the notice.

(b) Where the person wishes to contest the notice a summons will be

issued for an offence against the relevant provision of this Act.

(3) The police officer who issues a Notice of Infringement under

subsection (1) shall lodge the duplicate notice within 48 hours with the

clerk of the Magistrate’s Court for the district.

(4) The Clerk of the Magistrate’s Court shall —

(a) where the fine is tendered by the person, receive the payment,

issue a receipt and file the notice;

(b) where no payment is tendered within 21 days of the date of issue

of the notice, issue a summons to the person for the offence

alleged.

(5) The summons shall be heard and determined by a Magistrate.

(6) The offences to which this section applies, and the fixed penalty

attaching thereto are –







Section 7 Traffic (Amendment) Act 2012





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Traffic Act

section

Offence Fixed

Penalty

$

4(2) Driving unregistered vehicle 50

9 Using invalid registration plates 50

10(5) Failure to notify sale of vehicle 50

14(1) Unlicensed driving 150

23(2) Failure to obey Police Notice etc 50

27A Driver causing loud noise 50

33 Failure to obey police direction 50

35 Failure to report accident 50

36 Failure to produce driver’s licence 50

(7) This section shall apply to the offences listed in subsection (6)

notwithstanding anything in the relevant section or the specific penalty

set out therein.

(8) If an incident is disposed of under this section, section 28A or

regulation 39A of the Traffic Regulations by the payment of the sum

specified in a Notice of Infringement then this shall be deemed to be an

administrative penalty with no offence committed.”.

7 Form 2 amended

Form 2 in the Schedule to the Traffic Act is amended by inserting “- Speeding” after

the heading “Notice of Infringement”.

8 Form 3 inserted

The Traffic Act is amended by inserting in the Schedule the following Form 3 –

Traffic (Amendment) Act 2012 Section 8





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Act No. 17 of 2012 Page 9




“FORM 3



Notice of Infringement - General
(Section 41A)

Date:.............................................

To.................................................... of .................................... Licence No. ...............

(name) (address)

Vehicle Registered Number ...............................


The Police allege that you have committed an offence under the Traffic Act

If you choose to have this offence dealt with by way of payment of Infringement

Notice in accordance with Section 41A you may pay the following fixed fine for this

offence –


Section:

Offence:

Fixed Infringement Notice Fine:

To dispose of this matter in this way you may sign the declaration below and take

this notice together with the sum of $............................. to pay the fine only to the

Clerk of the Magistrate’s Court at .......................................... district within 21 days

of today's date;

OR

If you wish to contest this offence a summons will be issued to you after 21 days

and you will be required to attend a court and appear before a Magistrate and if

convicted the penalty will be decided by the Magistrate in accordance with the

Traffic Act may be more than specified on the infringement notice.



DECLARATION:

I, (insert your name)......................................................... understand that under

clause 10 of the Constitution of Tonga I have a right to have this matter dealt with

by a court. However instead of appearing in court I wish to pay the fine as set out in

this notice. I tender this Declaration and the fine of $............................. set by this

Notice of Infringement.



Signed.................................................. Dated.................................”



(see overleaf for list of offences and penalties)

Section 9 Traffic (Amendment) Act 2012





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FORM 3 TRAFFIC ACT INFRINGEMENT NOTICE



REVERSE SIDE


Traffic Act

section

Offence Fixed

Penalty

$

4(2) Driving unregistered vehicle 50

9 Using invalid registration plates 50

10(5) Failure to notify sale of vehicle 50

14(1) Unlicensed driving 100

23(2) Failure to obey Police Notice etc 50

27A Driver causing loud noise 50

33 Failure to obey police direction 50

35 Failure to report accident 50

36 Failure to produce driver’s licence 50

37(c) Obstructing road with object or

projectile

50

37(e) Use of defective vehicle 50

37(o) Failure to indicate stop or turn 50”



9 Section 15 amended

The Traffic Act is amended by deleting subsection (3) and replacing it with –

“(3) A motor driver’s licence shall remain in force as follows –

(a) the first driver’s licence issued to a person in Tonga who has not

previously held a valid driver’s licence for a period of at least

one year, shall remain in force for one year;

(b) subject to paragraph (a) a driver’s licence may be issued to a

person and remain in force for periods of 1 year, 3 years or 5

years at their option,

and may be renewed upon payment of the prescribed fee, unless the

holder is disqualified as hereinafter provided: provided that no person

under the age of 21 years shall be issued with a public service vehicle

driver’s licence.”.







Passed by the Legislative Assembly this 12
th
day of October 2012.

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