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Traffic (Amendment) Act 2000

TONGA

TRAFFIC (AMENDMENT) ACT 2000

Act 11 of 2000

AN ACT TO AMEND THE TRAFFIC ACT

I assent,

TAUFA'AHAU TUPOU IV,
7th September, 2000

[22nd August, 2000]

BE IT ENACTED by the King and Legislative Assembly of Tonga in the Legislature of the Kingdom as follows:

1 Short Title

(1) This Act may be cited as the Traffic (Amendment) Act 2000.

(2) The Traffic Act, (Cap 156), as amended is in this Act referred to as the Principal Act.

2. The Principal Act is amended by deleting the following words from section 28 "to the maximum speed at which a motor vehicle may be driven or".

3. The Principal Act is amended by the addition of a new section 28A immediately following section 28 as follows:

"28A Speeding Offences

(1) Notwithstanding the provisions in section 20A of the Magistrates' Courts Act, whenever a police officer detects a vehicle which is travelling above the maximum speed limit he may issue to the driver a Notice of Infringement in the form provided in the Schedule and shall do so if the only offence to be charged is exceeding the speed limit.

(2) There shall be a fine set out in the notice at the rate of $2 for every kilometre per hour over the maximum speed limit.

(3) (a) A driver issued with such a notice may

(i) pay the fine set out in the notice to a Magistrate's Court; or

(ii) contest the notice.

(b) Where the driver wishes to contest the notice a summons will be issued.

(4) 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 Magistrates' Court for the district.

(5) (a) The Clerk of the Magistrates' Court shall:

(i) where the fine is tendered by the driver, receive the payment, issue a receipt and file the notice;

(ii) where no payment is tendered within 21 days of the date of issue of the notice, issue a summons to the driver together with a copy of the Notice of Infringement.

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

4. The Principal Act is amended by the addition of the following Schedule

"SCHEDULE

Notice of Infringement

(Section 28A)

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

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

(name) (address)

The vehicle you are driving Registered Number ............................... has been detected travelling at ............................ kilometre per hour which is ..................... kilometre per hour above the speed limit. In accordance with section 28A(2) a fine of $............................. is imposed for this offence.

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 Magistrates' Court at .......................................... district within 21 days of today's date;

OR

If you wish to contest this fine a summons will be issued to you after 21 days and you will be required to attend a court and appear before a Magistrate.

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................................."

Passed by the Legislative Assembly this 22 day of August, 2000.

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