| (a) |
specify the name and residential and postal address of the infringer, if known, at the time when the infringement was committed; |
| (b) |
state the prescribed particulars of the infringement; |
| (c) |
specify the amount of the prescribed penalty payable in respect of that infringement, the issuing authority to which the penalty is payable and the place where the penalty may be paid; |
| (d) |
specify the prescribed discount which may be obtained if the penalty is paid not later than 32 days after the date of service of the infringement notice; |
[Section 17(1)(d) substituted by section 8(a) of Act No. 72 of 2002]
| (f) |
inform the infringer that, not later than 32 days after the date of service of the infringement notice, the infringer may— |
[Words preceding section 17(1)(f) substituted by section 8(b) of Act No. 72 of 2002]
| (i) |
pay the penalty, as reduced by the discount contemplated in paragraph (d), or make representations to the agency, in the case of a minor infringement; |
| (iii) |
make arrangements with the agency to pay the penalty in instalments in the prescribed manner; |
| (iv) |
elect in the prescribed manner to be tried in court on a charge of having committed the alleged offence; or |
| (v) |
provide information, in the prescribed manner, to the satisfaction of the issuing authority that he or she was not the driver of the motor vehicle at the time of the alleged infringement, coupled with the name, acceptable identification and residential and postal address of the alleged driver or person in control of the vehicle, failing which the matter will be referred to the agency and a courtesy letter will be issued in terms of section 19, where after the infringer becomes liable to pay both the penalty and the prescribed fee of the courtesy letter. |
| (2) |
If an infringer fails to comply with an infringement notice within the period contemplated in subsection (1)(f), the issuing authority must give notice of the failure, in the prescribed manner, to the agency for further action in terms of section 19. |
[Section 17(2) substituted by section 8(c) of Act No. 72 of 2002]
| (3) |
If an infringer complies with an infringement notice by arranging to pay the penalty in instalments or by paying the penalty, as reduced by the discount contemplated in subsection (1)(d), the agency must— |
[Words preceding section 17(3) substituted by section 8(d) of Act No. 72 of 2002]
| (a) |
update the national contraventions register in the prescribed manner; |
| (b) |
record the demerit points incurred by the infringer in terms of section 24 in the national contraventions register; |
| (c) |
notify the infringer by registered mail in the prescribed manner that the demerit points have been recorded against his or her name in the national contraventions register in respect of the infringement in question; and |
[Section 17(3)(c) substituted by section 8(e) of Act No. 72 of 2002]
| (d) |
provide the infringer with a printout of the demerit points incurred by him or her to date, together with an indication of the amount of points left before his or her driving licence, professional driving permit or operator card is suspended in terms of section 25 or cancelled in terms of section 27. |
| (4) |
If the infringer satisfies the issuing authority that he or she was not the driver of the motor vehicle, the issuing authority must cancel the infringement notice, and may serve or cause to be served on the person identified as the driver an infringement notice in relation to the alleged infringement. |
| (5) |
The owner or operator of a motor vehicle who permits any person to drive such vehicle or otherwise to exercise any control over such vehicle, without having ascertained the full names, acceptable identification and residential and postal address of such person is guilty of an offence and liable upon conviction to a fine or imprisonment for a period not exceeding one year or to both a fine and such imprisonment. |
Housing Development Agency Act, 2008
