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

Penalty Fee Regulations, 2011

4. 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.