| (2) |
Representations under subsection (1) are made by submitting a sworn statement or affirmation to the agency in the prescribed manner, indicating the existence of reasonable grounds why the infringer should not be held liable for the penalty payable in terms of the infringement notice. |
| (3) |
No representations are valid unless the sworn statement or affirmation referred to in subsection (2) is submitted not later than the period specified in section 17(1)(f) or section 19(2)(b). |
| (a) |
The representations officer must, in the prescribed manner, inform the issuing authority concerned if representations indicating the existence of reasonable grounds why the infringer should not be held liable for the penalty have been received. |
| (b) |
Any representations contemplated in paragraph (a) must be submitted to the issuing authority concerned, who must reply thereto within the prescribed time. |
| (5) |
A representations officer— |
| (a) |
must duly consider the representations and any reply thereto; |
| (b) |
may conduct independent investigations to verify the facts; and |
| (i) |
allow the representations if there are reasonable grounds indicating that the infringer should not be held liable for the penalty payable in terms of the infringement notice; or |
| (ii) |
reject the representations if there are no such reasonable grounds. |
| (6) |
If the representations are allowed the agency must forthwith cancel the infringement notice, and inform the infringer in the prescribed manner of the decision. |
| (7) |
If the representations are rejected, the representations officer may advise the infringer to elect in the prescribed manner to be tried in court, and must serve or cause to be served on the infringer a prescribed written notification informing him or her— |
| (a) |
of the reasons for the decision, and provide the issuing authority concerned with a copy thereof; |
| (b) |
if the infringer does not elect to be tried in court— |
| (i) |
that the penalty, the prescribed representations fee and the prescribed fee of the courtesy letter, if any, are payable to the agency or that the arrangements are made with the agency in the prescribed manner to pay in instalments, not later than 32 days after the date of service of the notification; and |
| (ii) |
that a failure to pay the penalty and fees or to make arrangements to pay in instalments will result in an enforcement order being served on the infringer and that the infringer will become liable to pay the penalty and fees and the prescribed fee of the enforcement order; and |
[Section 18(7)(b) substituted by section 9(a) of Act No. 72 of 2002]
| (c) |
if the infringer elects to be tried in court, which may only be done on the advice of the representations officer, that the provisions of section 22 apply. |
[Section 18(7)(c) substituted by section 9(a) of Act No. 72 of 2002]
| (8) |
If an infringer pays the penalty and fee as contemplated in subsection (7)(b)(i), or makes arrangements to pay in instalments, the agency must— |
[Words preceding Section 18(8)(a) substituted by section 9(b) of Act No. 72 of 2002]
| (b) |
record the demerit points incurred by the infringer in the national contraventions register; |
| (c) |
notify the infringer by registered mail in the prescribed manner that the demerit points have been recorded against his or her name in the national contraventions register in respect of the infringement in question; and |
| (d) |
provide the infringer with a printout of the demerit points incurred to date, together with an indication of the number of points left before his or her driving licence, professional driving permit or operator card is suspended in terms of section 25 or cancelled in terms of section 27. |
Council for Medical Schemes Levies Act, 2000
