Traffic (Amendment) Regulations 2012

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.
Traffic (Amendment) Regulations 2012








C
T

TRAFFIC (AMENDMENT)

REGULATIONS 2012

Traffic (Amendment) Regulations 2012 Arrangement of Sections





to
Page 3




C
T

TRAFFIC (AMENDMENT) REGULATIONS 2012

Arrangement of Sections

Regulation

1 Short Title .............................................................................................................. 5
2 Regulation 39 amended ......................................................................................... 5
3 Regulation 39A inserted ........................................................................................ 5
4 Form 8 inserted ...................................................................................................... 6

Traffic (Amendment) Regulations 2012 Regulation 1





to
Page 5




C
T

TRAFFIC (AMENDMENT) REGULATIONS 2012



TRAFFIC ACT

IN EXERCISE of the powers conferred by section 40 of the Traffic Act, the

Principal Licensing Authority makes the following Regulations -



1 Short Title

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

2 Regulation 39 amended

Section 39(3) of the Traffic Regulations is amended by repealing “Every” and

replacing it with “In every case to which regulation 39A(2)(a)(i) does not apply a”.

3 Regulation 39A inserted

The Traffic Regulations is amended by inserting the following section –

“39A Infringement Notices

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

against any of the regulations specified in Form 8 he may issue to the

person a Notice of Infringement in the Form set out in Form 8 of

Schedule 1.

(2)

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

Regulation 4 Traffic (Amendment) Regulations 2012





Page 6

to


(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 these

regulations.

(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.”.

4 Form 8 inserted

The Traffic Regulations is amended by inserting in the First Schedule the following

Form 8 –

Traffic (Amendment) Regulations 2012 Regulation 4





to
Page 7




“FORM 8

Notice of Infringement

(Regulation 39A)



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

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

(name) (address)

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



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

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

Notice in accordance with Regulation 39A you may pay the following fixed fine for

this offence –



Regulation:

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 Regulations 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)

Regulation 4 Traffic (Amendment) Regulations 2012





Page 8

to


FORM 8 TRAFFIC REGULATIONS INFRINGEMENT NOTICE

REVERSE SIDE



Traffic

Regulation

Offence Fixed

Penalty

$

5(7) Use of wrong registration number plate 30

10(1) Failure to have vehicle inspected 30

11 Failure to install or use lights correctly 30

11(2), (3),

(6), (7), (8),

10, 11

Failure to install proper lights 30

11(4) Incorrect focus and adjustment of lights 30

14 Use of improperly silenced vehicle 30

15 Use of unauthorized left hand drive

vehicle

30

16 Operation of unauthorized or incorrect

trailer

30

18 Incorrect towing 30

19 Incorrect parking 30

20 failure to observe rules of the road 30

22 Driving motor cycle without proper

lights, brakes, etc

30

22 (4) Driving motor cycle with passenger

incorrectly

30

22 (5), (6) Driving or riding in motor cycle without

helmet

30

23 Bicycle riding without proper lights 30

23(5) Bicycle riding on footpath 30

24 Bicycle riding incorrectly 30

29 Taxi and bus offences 30

36 Riding on lorry etc while standing in

back

30”







Made in Nuku’alofa this 21
st
day of September 2012.





Hon. Samiu Vaipulu

Principal Licensing Authority

Related Laws