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National Railway Safety Regulator Act, 2002 (Act No. 16 of 2002)

Chapter 10 : Offences and Remedies

45A. Penalties

 

(1) The Minister may make regulations to provide that persons who fail to comply with any provision of this Act or regulations or standards made or imposed thereunder, or any condition imposed in terms of section 24, must pay one or more penalties to the Regulator, and may provide that the Regulator may publish details of such non-compliance in the manner prescribed.

 

(2) The making of such regulations and the imposition of such penalties are on the understanding that the Regulator will strive to improve compliance with this Act so that incidences where penalties are imposed will reduce over time.

 

(3) Penalties imposed in terms of regulations made under subsection (1) may differ between operators according to criteria which the Regulator deems reasonable.

 

(4) The Regulator may recover penalties imposed in terms of regulations made under subsection (1) by civil action.

 

(5) Any person aggrieved by a decision of the Regulator to impose such a penalty may appeal against that decision to the board.

 

[Section 45A inserted by section 21 of Act No. 69 of 2008]