Public Service Commission Act, 1997
R 385
National Railway Safety Regulator Act, 2002 (Act No. 16 of 2002)Penalty Fee Regulations, 20114. Factors considered by the Regulator in imposing a penalty |
(1) | The Regulator may impose a penalty in accordance with Table A on an operator who contravenes the provisions of the Act as described in Table A. |
(2) | In the imposition of a penalty, the Regulator may consider various factors, including but not limited to the following- |
(a) | proportionality in relation to the contravention or a series of contraventions giving rise to that penalty; |
(b) | gravity of the contravention including- |
(i) | nature and seriousness of the contravention; |
(ii) | possible effect of the contravention on safe railway operations and the environment; and |
(iii) | damage, danger and loss caused to the environment and the public; |
(c) | previous contraventions. |