| (1) |
Subject to this section, the Agency, with the Minister’s approval, may determine, set up and apply a points demerit system with regard to persons who refuse or fail to pay the amount of any toll for which they are liable to the Agency in terms of section 27 or 28, and whereby provision is made— |
| (a) |
for recording a specified number of demerit points against the name of the offender for each occasion on which the offender refuses or fails to pay the toll; |
| (b) |
for imposing any specified civil penalty and any sanction mentioned in subsection (2)(b) on any offender whose demerit points equal or exceed a specified number. |
| (a) |
Without limiting the Agency’s powers under subsection (1)— |
| (i) |
with regard to the recording of demerit points against offenders, provision may be made that the number of demerit points that may be recorded per occasion of non-payment of toll may be increased in accordance with a specified sliding scale or formula— |
| (aa) |
for second and subsequent cases of non-payment of toll; |
| (bb) |
according to the size of the amounts determined as toll, so that the greater the amount determined as toll, the higher the number of demerit points recorded upon not paying the toll. |
| (b) |
In addition to or instead of a civil penalty, any one of the following sanctions may be imposed on offenders in appropriate circumstances: |
| (i) |
A reprimand and a warning issued in writing; or |
| (ii) |
suspension of the offender’s right to use the toll road concerned. The suspension will be for a period determined by the Agency and specified in its written notice of suspension to the offender; or |
| (iii) |
a prohibition on the use of that road, issued in writing by the Agency; or |
| (iv) |
any prescribed sanction that is lesser than that provided for in subparagraph (ii) or (iii). |
| (3) |
The Minister will not grant approval in terms of subsection (1), unless— |
| (a) |
the Agency, in the prescribed manner, has given notice of the proposed introduction of the points demerit system, and in the notice— |
| (i) |
has broadly outlined the proposed system; and |
| (ii) |
has invited interested persons to comment on the proposed points demerit system and, in particular, on the civil penalties and other sanctions proposed, and has invited them to furnish their written comments and representations to the Agency not later than 30 days after the date of the notice; |
| (b) |
the Agency, in applying for the Minister’s approval, has forwarded its proposals with regard to the points demerit system to the Minister together with a report on the comments and representations that have been received (if any). In that report the Agency must indicate the extent to which any of the matters raised in those comments and representations have been accommodated in those proposals; and |
| (c) |
satisfied that the Agency has considered those comments and representations. |
Where the Agency has failed to comply with paragraph (a) or (b), or if the Minister is not satisfied as required by paragraph (c), the Minister must refer the Agency’s application and proposals back to it and order its proper compliance with that paragraph or (as the case may be) its proper consideration of the comments and representations, before the application and the Agency’s proposals will be considered for approval.
| (4) |
The provisions of any points demerit system as approved by the Minister must be published in the prescribed manner, and will take effect and become enforceable and binding 30 days after publication. |
| (5) |
The Agency may not impose any civil penalty or other sanction on any person in terms of subsection (2)(b) unless the Agency beforehand has applied the rules of natural justice with regard to the person. |
Intellectual Property Rights from Publicly Financed Research and
