S.L. 65.15 Art. 21Breach of licence conditions and penalty points.

(1) An operator who fails to comply with the conditions set out for operators under these regulations and a tester who fails to comply with the conditions set out for testers shall be in breach of the said conditions and shall be liable to the penalty points and administrative fines laid down in the Twelfth Schedule.

(2) Where an operator fails to comply with the conditions set out for operators under these regulations and where a tester fails to comply with the conditions set out for testers under these regulations, the Authority shall give to the operator or to the tester, as the case may be, a notice in writing which shall specify the breach of the conditions, the appropriate number of penalty points to be endorsed on the operator’s or tester’s entry, and the administrative fine being imposed in the case of breaches committed by an operator, and the period within which the administrative fine shall be paid in terms of sub-regulation (5). The notice shall also state that failure to settle the fine within the specified period shall cause the suspension of the operator’s authorisation and the imposition of a daily fine in accordance with the provisions of sub-regulation (7).

(3) Where the number of penalty points on an operator’s entry reaches a minimum of 250 points on five consecutive breaches, that number of penalty points shall automatically be increased by another 1,000 points and the operator shall be charged the administrative fine for each additional penalty point up to a maximum amount not exceeding eleven thousand and six hundred euro (€11,600).

(4) The administrative fine shall be eleven euro (€11) for each penalty point endorsed on the operator’s entry.

(5) The administrative fine shall be paid within ninety days following the lapse of twenty-one days after the notification of the breach where no appeal is entered by the operator or ninety days from the date of the final decision given by the Tribunal where an appeal had been entered by the operator.

(6) Where it is clearly established that an appeal entered by an operator is frivolous and, or vexatious, the said operator shall be liable to an administrative fine of two hundred and thirty euro (€230).

(7) Failure to settle, within the prescribed period, the fines referred to in sub-regulations (3) and (4) shall cause the suspension of the operator ’s authorization and an additional daily administrative fine of eleven euro (€11) until the fine is paid.