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Land Transport (Amendment) Act 2017

REPUBLIC OF FIJI


LAND TRANSPORT (AMENDMENT) ACT 2017

ACT NO. 11 OF 2017

I assent.
J. K. KONROTE President
[28 March 2017]


AN ACT

TO AMEND THE LAND TRANSPORT ACT 1998

ENACTED by the Parliament of the Republic of Fiji––

Short title and commencement

1.—(1) This Act may be cited as the Land Transport (Amendment) Act 2017.

(2) This Act comes into force on a date or dates appointed by the Minister by notice in the Gazette.

(3) In this Act, the Land Transport Act 1998 is referred to as the “Principal Act”.

Section 82 amended

2. Section 82(2)(b) of the Principal Act is amended by deleting “92(2)” and substituting “92(3) and (4)”.

Section 85 amended

3. Section 85 of the Principal Act is amended by—

(a) in subsection (3), inserting the following after “offence”—
(b) deleting subsections (4) to (7).

Section 85A amended

4. Section 85A(3) of the Principal Act is amended by deleting “21 days” and substituting “12 months”.

Section 92 substituted

5. The Principal Act is amended by deleting section 92 and substituting the following—

Proceedings for Traffic Infringement Notices
92.—(1) Notwithstanding the other requirements of this Part, but subject to the provisions of this section, a police officer or authorised officer may institute proceedings in respect of the alleged commission of a prescribed offence—
(2) A Traffic Infringement Notice must be issued and despatched by the Authority within 21 days from the date the offence is committed and any Traffic Infringement Notice issued or despatched beyond this period is deemed invalid.
(3) A person to whom a Traffic Infringement Notice is issued is liable to a prescribed penalty and must, within 90 days from the date the Traffic Infringement Notice is issued, undertake one of the following actions—
(4) If a person to whom a Traffic Infringement Notice is issued does not undertake any of the actions in subsection (3) within the prescribed period, the person shall be—
(5) If a person to whom a Traffic Infringement Notice is issued does not undertake any of the actions provided in subsection (4) within 12 months from the date the Traffic Infringement Notice is issued, the Traffic Infringement Notice takes effect as a conviction and the Authority may—
(6) If a person to whom a Traffic Infringement Notice is issued makes a statutory declaration to the Authority under subsection (3) or (4) and the Authority accepts the contents of the declaration, the Authority may issue a withdrawal notice to the person with the effect of withdrawing the Traffic Infringement Notice.”

Section 93 substituted

6. The Principal Act is amended by deleting section 93 and substituting the following—

Transitional
93.—(1) All Traffic Infringement Notices issued prior to the commencement of the Land Transport (Amendment) Act 2017 are deemed to have been issued at the date of the commencement of the Land Transport (Amendment) Act 2017 in accordance with section 92.
(2) All proceedings instituted in relation to Traffic Infringement Notices in any court prior to the commencement of the Land Transport (Amendment) Act 2017 are deemed to be withdrawn.
(3) Any person to whom a Traffic Infringement Notice is deemed to have been issued under this section shall be subject to the process set out in section 92.”

Section 113 amended

7. Section 113(6) of the Principal Act is amended by—

(a) in paragraph (g), deleting “.” and substituting “; and”; and
(b) inserting the following new paragraph after paragraph (g)

Passed by the Parliament of the Republic of Fiji this 21st day of March 2017.


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