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Land Transport (Amendment) Decree 2013

GOVERNMENT OF FIJI


LAND TRANSPORT (AMENDMENT) DECREE


2013(DECREE NO. 8 OF 2013)


IN exercise of the powers vested in me as the President of the Republic of Fiji and the Commander in Chief of the Republic of Fiji Military Forces by virtue of the Executive Authority of Fiji Decree 2009, I hereby make the following Decree—


TO AMEND THE LAND TRANSPORT ACT 1998


Short title and commencement


1. This Decree may be cited as the Land Transport (Amendment) Decree 2013 and shall come into force on the date of its publication in the Gazette.


2. The Land Transport Act 1998 shall be referred to as the "Act".


New sections inserted


3. The Act is amended by—


(a) inserting the following new section after section 85—


"Owner onus for offences by photographic detection devices


85A.—(1) If a prescribed offence under this Act or under any subsidiary law made under the Act is committed and the offence is detected by a photographic detection device, a person shall be deemed to have committed the offence if that person is the owner of the motor vehicle that was involved in the commission of the offence at the time the offence was committed.


(2) Pursuant to subsection (1), it shall be a defence for an owner of a motor vehicle if that owner proves that—


(a) he or she was not the driver of the motor vehicle at the time the offence was committed;



(3) The defence under subsection (2) shall not be available to the owner of a motor vehicle unless the Authority is notified within 21 days from the date a Traffic Infringement Notice was issued thereof.


(4) If the actual offender is not the owner of the motor vehicle, the actual offender and the owner of the motor vehicle shall not both be punished for the offence committed.







"Traffic Infringement Notice for photographic detection devices


95A.—(1) An authorised officer may issue a Traffic Infringement Notice in respect of a photographic detection device as prescribed by Regulations to a person who commits a prescribed offence that is detected by a photographic detection device.


















(5) In this section—


"foreign dignitary" means any person who lives or works in a country other than Fiji, and is attending a conference, convention, meeting, symposium, summit or other forum hosted by the Government of Fiji."


GIVEN under my hand this 5th day of February 2013.


EPELI NAILATIKAU
President of the Republic of Fiji


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