Taxi Regulation Act 2003
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Fixed charges offences. |
46.—(1) Where an authorised person has reasonable grounds for believing that a person is committing or has committed a contravention of— | |
(a) regulations made by the Commission under section 34 , or | ||
(b) regulations made under section 82 of the Act of 1961 in relation to small public service vehicles, | ||
declared by the Commission by regulations to be a fixed charge offence, he or she may serve personally or by post on the person a notice in the prescribed form stating that— | ||
(i) the person is alleged to have committed the offence, | ||
(ii) the person may during the period of 28 days beginning on the date of the notice make to the Commission at the address specified in the notice a payment of the prescribed amount accompanied by the notice, and | ||
(iii) a prosecution in respect of the alleged offence will not be instituted during the period specified in the notice and, if the payment specified in the notice is made during that period, no prosecution in respect of the alleged offence will be instituted. | ||
(2) Where notice is given under subsection (1)— | ||
(a) the person to whom the notice applies may, during the period specified in the notice, make to the Commission at the address specified in the notice the payment specified in the notice accompanied by the notice; | ||
(b) the Commission may receive the payment, issue a receipt for it and retain the money so paid, and any payment so received shall not be recoverable in any circumstances by the person who made it; | ||
(c) a prosecution in respect of the alleged offence shall not be instituted during the period specified in the notice, and if the payment so specified is made during the period, no prosecution in respect of the alleged offence shall be instituted. | ||
(3) In a prosecution for an offence under section 34 (10) or under section 82(6) of the Act of 1961 the onus of proving that a payment pursuant to a notice under this section has been made lies on the defendant. | ||
(4) Regulations under subsection (1) prescribing an amount for a fixed charge offence may prescribe different fixed charge amounts in relation to different contraventions and to such contraventions involving different categories of small public service vehicle and to such contraventions committed in different areas. | ||
(5) Regulations under this section shall not be made by the Commission without the consent of the Minister. | ||
(6) The Commission may make regulations for prescribing any matter referred to in this section as prescribed or to be prescribed. | ||
(7) Income generated by the payment of prescribed fixed charge amounts under this section shall be disposed of in a manner determined by the Commission with the agreement of the Minister and the Minister for Finance. | ||
(8) In this section— | ||
“contravention” in relation to regulations, means a contravention of or a failure to comply with the regulations; | ||
“prescribed” means prescribed by regulations made by the Commission. |