TONGA

TRAFFIC (AMENDMENT) ACT 1991

Act 10 of 1991

AN ACT TO AMEND THE TRAFFIC ACT

I assent,
TAUFA'AHAU TUPOU IV,
25th October, 1991

[15th August, 1991]

BE IT ENACTED by the King and Legislative Assembly of Tonga in the Legislature of the Kingdom as follows:

1. (1) This Act may be cited as the Traffic (Amendment) Act 1991.

(2) The Traffic Act, Cap. 156, as amended, is in this Act referred to as the Principal Act.

2. Section 17 of the Principal Act is repealed.

3. Section 18 of the Principal Act is repealed and replaced with the following section:

"18. (1) The court before whom any person is convicted of manslaughter arising out of the driving of a motor vehicle or of an offence against sections 25 or 26 of this Act shall -

(a) cause particulars of the conviction (including any cancellation of licence or disqualification made under section 29 of this Act) to be endorsed on the defendant's driver's licence (if any); and

(b) forthwith upon endorsement, forward the accused's driver's licence to the Principal Licensing Authority who shall record the same in a book to be kept for the purpose.

(2) Any person so convicted shall be guilty of a further offence against this Act if he fails to produce his licence to the Court for endorsement within 7 days after having been requested to produce it".

4. Section 25 of the Principal Act is amended -

(a) by deleting the words "one hundred pa'anga" from subsection (1) thereof and substituting the amount "$200"; and

(b) by deleting the words "one hundred pa'anga" from subsection (2) thereof and substituting the amount "$500".

5. Section 27 of the Principal Act is amended by deleting the words "one hundred pa'anga" and "four months" and substituting respectively the amount and words "$500" and "2 years".

6. Section 29 of the Principal Act is repealed and replaced with the following:

"29. (1) Upon the first conviction of any person for an offence against section 25 (2)(b) or section 26 of this Act the Court shall make an order cancelling his motor driver's licence (if any) and disqualifying him from obtaining any motor driver's licence for such period (being not less than 1 year nor more than 3 years) as the Court thinks fit from the date of conviction.

(2) Upon a second or subsequent conviction for any offence referred to in subsection (1) of this section, unless for special reasons the Court thinks fit to order otherwise, and without prejudice to the power of the Court to order a longer period of disqualification, the Court shall make an order cancelling his motor driver's licence (if any) and disqualifying him from obtaining any motor driver's licence for a period of 5 years from the date of conviction and thereafter until the Court, upon application made after the expiration of that period, orders the removal of the disqualification.

(3) Where a person is convicted of any offence involving the driving of a motor vehicle (not being an offence referred to in subsection (1) of this section), the Court may, in addition to any other sentence, make an order cancelling his motor driver's licence (if any) and disqualifying him from obtaining any motor driver's licence for a period not exceeding 12 months from the date of conviction.

(4) Where the Court makes an order under this section it shall forthwith deliver a copy of such order to the Principal Licensing Authority who shall record the same in a book to be kept for that purpose.

(5)	(i) Subject to subsection (2), a person whose motor driving licence has been cancelled by an order made under this section may, after not less than half the period of cancellation has expired, apply to the Court by which the order was made to revoke the order.

(ii) On any such application the Court shall consider the nature of the offence, the character of the offender, his conduct since the order was made and any other relevant circumstances, and may either -

(a) revoke the order from such date as it thinks fit, or

(b) refuse the application.

(iii) Where an application has been refused a further application may not be made until after 3 months from such refusal".

7. Section 35 (4) of the Principal Act is repealed and replaced by the following:

"(4) Every driver who fails to comply with any obligation imposed on him by this section is guilty of an offence and shall be liable to a fine not exceeding $200".

8. Section 41 (2) of the Principal Act is amended by deleting the words "one hundred pa'anga" and substituting the amount "$200".

Passed by the Legislative Assembly this 15th day of August 1991.

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