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Transport Amendment Act 2015

NIUE

TRANSPORT AMENDMENT ACT 2015

Contents

1 Title
2 Commencement
3 Principal Act amended
4 Section 3 amended: Interpretation
5 Section 5 amended: Penalty for contravention
6 Section 36 amended: Parking of motor vehicles
7 Section 47 amended: Speed limits and penalties for exceeding speed limits
8 New section 102A inserted
9 Section 107 replaced: Regulations

An Act to amend the Transport Act 1965 to provide for infringement offences to be prescribed by regulations and minor amendments

The Assembly enacts as follows -

1. Title

This is the Transport Amendment Act 2015.

2. Commencement

This Act comes into force on the 60th day after the date on which this Act becomes law in accordance with Article 34 of the Constitution.

3. Principal Act amended

This Act amends the Transport Act 1965.

4. Section 3 amended: Interpretation

Section 3 is amended by inserting the following definition in its appropriate alphabetical order:

"infringement offence means an offence against this Act that is declared to be an infringement offence by regulations made under section 107".

5. Section 5 amended: Penalty for contravention

Section 5(1) is amended by replacing "1 penalty unit" with "3 penalty units".

6. Section 36 amended: Parking of motor vehicles

Section 36 is amended by adding the following subsection:

"(2) A driver of a motor vehicle must ensure, when parking the vehicle on a prescribed road, that the vehicle is parked on the left side of the road.
"(3) A prescribed road means a road prescribed by Cabinet from time to time."

7. Section 47 amended: Speed limits and penalties for exceeding speed limits

(1) Section 47(1)(a)(i) is amended by replacing "25 miles an hour" with "40 kilometres per hour".

(2) Section 47(1)(a)(ii) is amended by replacing "35 miles per hour and a truck at a greater speed than 30 miles per hour" with "60 kilometres an hour and a truck at a greater speed than 50 kilometres per hour".

(3) Section 47(1)(a)(iii) is amended by replacing "15 miles per hour when within 50 yards" with "25 kilometres per hour when within 50 metres".

(4) Section 47(3) is amended by replacing "1 penalty unit" with "10 penalty units".

8. New section 102A inserted

(1) The following section is inserted after 102:

"102A Infringement offences
"(1) If a person is alleged to have committed an infringement offence, the person may -

• "(a) be proceeded against in the normal manner by the laying of an information against the person; or
• "(b) be served with an infringement notice by a constable delivering it, or a copy of it, personally to the person or the person's last known place of residence or business.

"(2) An infringement notice must be in the prescribed form and must state -

• "(a) details of the alleged infringement offence that are sufficient to fairly inform the person of the time, place, and nature of the alleged offence; and
• "(b) the amount of the infringement fee; and
• "(c) an address at which the infringement fee may be paid; and
• "(d) the time within which the infringement fee must be paid; and
• "(e) that the person has a right to request a hearing; and
• "(f) what will happen if the person does not pay the fee and does not request a hearing; and
• "(g) any other prescribed information.

"(3) If the person pays the infringement fee within the period stated in the infringement notice, -

• "(a) no further action may be taken against the person; and
• "(b) no conviction may be entered against the person for the offence.

"(4) If the person does not pay the infringement fee or request a hearing within the period stated in the infringement notice, the Police must serve the person with a reminder notice in the prescribed form that contains the same or substantially the same particulars as the infringement notice.
"(5) If the person does not pay the infringement fee or request a hearing within the period stated in the reminder notice, proceedings may be commenced against the person by filing the reminder notice with the Court and, for that purpose, -

• "(a) the reminder notice must be treated as the information for the infringement offence; and
• "(b) the Court is deemed to have made an order, on the date that the reminder notice is filed, that the defendant pay a fine equal to the amount of the infringement fee together with costs in the prescribed amount, but no conviction is entered against the person.

"(6) A person requests a hearing by providing to the Police, within the period specified in the infringement notice or reminder notice, as the case may be, a notice, signed by the person, requesting a hearing and accepting or rejecting liability and, if accepting liability, the reasons, if any, as to why the Court should impose a lesser fine than the infringement fee for the offence.
"(7) A person found guilty at a hearing held for the purposes of subsection (6) is liable to a fine equal to the amount of the infringement fee (unless the Court imposes a lesser amount) together with costs in the prescribed amount, but no conviction is entered against the person.
"(8) To avoid doubt, if a person commits an infringement offence and proceedings against the person are taken in the normal manner under subsection (1)(a), the person is liable to pay not the infringement fee but the amount that the Court determines in accordance with the applicable provision of this Act. However, no conviction may be entered against the person."

9. Section 107 replaced: Regulations

(1) Section 107 is repealed and the following section is substituted -

"107 Regulations
Cabinet may make regulations -

• "(a) prescribing fines, not exceeding 10 penalty units, for the breach of any regulations made under this Act:
• "(b) declaring the offences against this Act that constitute infringement offences:
• "(c) prescribing infringement fees not exceeding 10 penalty units for infringement offences (which may be different fees for different offences, including different fees for a first, second, or subsequent offence):
• "(d) prescribing forms to be used for the purposes of this Act:
• "(e) providing for any other matters contemplated by this Act that are necessary for its full administration or necessary for giving it full effect."
  

I, Togiavalu Pihigia, Speaker of the Niue Assembly, certify that the requirements of Article 34 of the Niue Constitution have been complied with.

SIGNED AND SEALED at the Assembly Chambers this 9th day of March 2015.

Speaker of the Niue Assembly

COUNTERSIGNED in the presence of the Speaker

Clerk of the Niue Assembly

This Act is administered by the Niue Police Department

This Act was passed by the Niue Assembly on the 25th day of February 2015.