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Civil Aviation Act, 2009 (Act No. 13 of 2009)

Regulations

Civil Aviation Regulations, 2011

Part 185 : Enforcement

Subpart 2 : Enforcement Process

185.02.3 Penalty notice

 

(1) An enforcement officer shall issue a penalty notice on the appropriate form if he or she is satisfied, following an investigation, that the alleged offender has committed the offence.

 

(2) A penalty notice shall—
(a) specify the nature of the alleged offence committed;
(b) include evidence being relied upon pertaining to the alleged offence;
(c) specify the administrative penalty payable for the offence;
(d) invite the alleged offender to make representations either orally or in writing on the allegations or pay the monetary penalty within 30 days of the issue or service of the notice; and
(e) specify the rights and obligations pertaining to the notice.

 

(3) If an alleged offender pays the administrative penalty referred to in subregulation (2)—
(a) any liability of the alleged offender specified in the notice is considered as discharged; and
(b) the alleged offender shall not be regarded as having been convicted of an offence.