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S.L. 499.66 · Use Of Animals And Animal-Drawn (S.L. 499.66)

S.L. 499.66 Art. 30Administrative penalties and right of appeal. Cap. 490.

PART X

In KraftAmtlicher Text

(1) The Authority may impose the administrative penalties prescribed in the fourth and fifth columns of the Fifth Schedule on any operator and, or driver of animal-drawn vehicles used for hire or reward who contravenes the provisions of the regulations listed in the first column of the said Schedule.

(2) Where the Authority imposes such administrative penalties, it shall also impose the penalty points prescribed in the fifth column of the Fifth Schedule.

(3) Where the person on whom an administrative penalty is being imposed has contravened a regulation both as an operator and as a driver, there shall be imposed on that person the highest of the penalties in the third and fourth columns in the Fifth Schedule in relation to that contravention together with the applicable number of penalty points.

(4) No administrative penalty shall be imposed on an operator or a driver of an animal-drawn vehicle used for hire or reward for a breach of these regulations where criminal proceedings have already been instituted in court or in a tribunal against such person with respect to the said breach.

(5) The Authority shall, before imposing an administrative penalty in terms of these regulations, inform the person on whom the penalty is being 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 presentations in writing within ten days to the Authority, giving reasons why the administrative penalty should not be imposed. The Authority shall consider any such representations before arriving at a final decision. The Authority shall notify in writing its final decision to the person concerned.

(6) A person aggrieved by the decision of the Authority to impose administrative penalties and the corresponding penalty points may within thirty days from the date when such decision is communicated to him, lodge an appeal therefrom to the Tribunal in accordance with the provisions of the Administrative Justice Act.

(7) Where a person does not pay the penalty within thirty days from the date of the final decision communicated to him in terms of sub-regulation (5) and does not appeal in terms of sub-regulation (6), ordinary proceedings shall be taken in respect of the contravention.

(8) Where, upon the renewal of any licence granted to an operator or driver of an animal-drawn vehicle licensed to be used for hire or reward, the person in whose name such licence is granted owes the Authority debts in the form of unpaid administrative penalties, such licence shall not be renewed unless and until such debt is settled in full.