CONSOLIDATED ACTS OF SAMOA 2010

SAMOA

ROAD TRAFFIC (PAYMENT OF FINES) ACT 2009

Arrangement of Provisions

1. Short title and commencement
2. Interpretation
3. Application
4. Traffic Offence Notice
5. Procedure
6. Effect of payment of fine 
7. Amount of fine 
8. Powers may be exercised by officers of the Authority 
9. Offences 
10. Limitation 
11. Amendment 
12. Regulations 

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2009, No. 8

AN ACT to provide persons who have committed certain road traffic offences with the right to elect to pay a pecuniary penalty as a substitute to court conviction. 

[25th June 2009] 
Commencement Date: 7th June 2010] 
 
BE IT ENACTED by the Legislative Assembly of Samoa in Parliament assembled as follows: 

1. Short title and commencement-(1) This Act may be cited as the Road Traffic (Payment of Fines) Act 2009. 

(2) This Act commences on a date to be nominated by the Minister. 

 2. Interpretation - In this Act, unless the context otherwise requires – 

"Authority" means the Land Transport Authority established under the Land Transport Authority Act 2007; 

"Minister" means the Minister responsible for land transport; 

"Traffic Offence Notice" and "Notice" means a Traffic Offence Notice issued under this Act or the Land Transport Authority Act 2007. 
 
3. Application-(1) This Act applies to offences specified in the Schedule of this Act. 

(2) The Head of State, acting on the advice of Cabinet, may make regulations: 

(a) to add any offence to the Schedule and the fine to be paid for that offence; 

(b) to vary any fine prescribed in the Schedule. 
 
4. Traffic Offence Notice-(1) A Police Officer may serve a Traffic Offence Notice on a person who has committed an offence to which this Act applies. 

(2) A notice issued under this section shall be in the form approved by the Land Transport Authority in consultation with the Commissioner of Police and shall be signed for the Commissioner of Police by the Police Officer. 
 
5. Procedure-(1) A person who has been served with a Traffic Offence Notice may elect to pay the fine stated in the Notice, within the time specified in the notice. 

(2) The payment of any fine under this section shall be made to the Land Transport Authority. 
 
6. Effect of payment of fine-(1) The payment of a fine under section 5 shall avoid any further prosecution for the offence stipulated in the notice. 

(2) No conviction shall be recorded against the person served with a Traffic Offence Notice if he or she elects to pay the stipulated fine in accordance with this Act. 

(3) Nothing in this Act shall be construed as depriving any person of their right to be tried for the offence alleged against them. 
 
7. Amount of fine-(1) Each Notice issued under this Act shall specify a fine. 

(2) The amount of each fine shall be as specified in the Schedule to this Act and may be for a lesser sum than that prescribed by the Fines (Review and Amendment) Act 1998. 
 
8. Powers may be exercised by officers of the Authority-(1) The powers and procedures provided for under this Act may be exercised by officers of the Land Transport Authority authorised for that purpose under the Land Transport Authority Act 2007. 

(2) For the purposes of the exercise of any power under this section: 

(a) a Notice issued by an officer of the Authority under this Act – 

(i) shall be in the form approved by the Authority; 

(ii) may be signed for the Chief Executive Officer of the Authority by the authorised officer of the Authority; 

(b) the provisions of section 6 shall apply if the fine is paid to the Authority; 

(c) the provisions of section 7 shall apply to the procedures applied under this Act by the authorised officers of the Authority. 

(3) Any fines and fees imposed by an officer of the Authority under this section may be recovered by the Authority, and for this purpose, notwithstanding any provision of this Act to the contrary: 

(a) the Chief Executive Officer of the Authority may nominate places and officers to which fines and fees are to be paid by persons served with a Notice under this Act; 

(b) the fines and fees recovered by the Authority shall form part of the revenues of the Authority; 

(c) the Authority may commence and continue any prosecution of any person served with a Notice under this Act who – 

(i) does not pay the fine; or 

(ii) elects to have the matter determined in court. 

(4) No person may be served with a Notice by a police officer and an officer of the Authority given in accordance with this section for the same offence arising from the same circumstances. 

(5) Where a Notice is served on any person by both a police officer and an officer of the Authority for the same offence arising from the same circumstances the payment of the fine or fines stipulated in anyone of the Notices shall be a final discharge of any liability that the person may have under both Notices. 
 
9. Offences-(l) A person who: 

(a) knowingly gives any false statement or information to a Police Officer or to an officer of the Authority; or 

(b) bribes or attempts to bribe a Police Officer or an officer of the Authority, 

in the implementation of the duties of any officer under this Act commits an offence and is liable to a fine not exceeding 5 penalty units or imprisonment for a term not exceeding six (6) months or both. 

(2) A Police Officer or an officer of the Authority who accept as a bribe any money or thing offered by a person served with a Traffic Offence Notice under this Act in return of that person not being served with a Traffic Offence Notice commits an offence and is liable to a fine not exceeding 5 penalty units or imprisonment not exceeding a term of six (6) months or both. 
 
10. Limitation - No one shall be prosecuted for any offence to which this Act applies unless the prosecution is commenced within 12 months from the date of the Traffic Offence Notice. 

11. Amendment - Section 73(4) of the Road Traffic Ordinance 1960 is amended by omitting "$50" and substituting it with "2 penalty units". 
 
12. Regulations - The Head of State acting on the advice of Cabinet may make regulations prescribing matters: 

(a) required or permitted by this Act to be prescribed; or 

(b) necessary or convenient to be prescribed for carrying out or giving effect to this Act. 

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SCHEDULE
(Section 7)
 
OFFENCE 	FINE IN PENALTY UNITS 	
ROAD TRAFFIC ORDINANCE 1960 	 	
l. 	 Sec 7 	Vehicle to be licensed (unlicensed 
vehicle) 	 
1 	
2. 	 Sec 13 	Registration (no registration plate) 	1 	
3. 	 Sec 37 	 Speed Limit 
 
If Driver is 10 miles/hr or less in excess of Speed Limit. 
 
If Driver is more than 10 
miles/hr in excess of Speed Limit. 

 
1 

2 	
4. 	 Sec 27 	Licensing of drivers (Unlicensed driver) 	 
1 	
5. 	 Sec 38A 	 Dangerous overcrowding of vehicles 	 0.5 for driver 
0.5 for each passenger 	
6. 	 Sec 38B 	 Unsafe vehicles 	1 	
7. 	 Sec 50 	 Drivers & pedestrian to comply with traffic directions and signs 	 
1 	
ROAD TRAFFIC REGULATIONS 1961 	 	
l. 	 Regulation 12 	 Fixing of plates 	0.5 	
2. 	 Regulation 31 	 Silencer 	1 	
3. 	 Regulation 32 	 Emission of smoke & sparks 	 
1 	
4. 	 Regulation 34 	 Lights 	0.5 	
5. 	 Regulation 45 	 Securing of load 	1 	
6. 	 Regulation 50 	 Obstruction of road 	1 	
7. 	 Regulation 53 	 Travelling in insecure position 	1 	
8. 	 Regulation 54 	 Dangerous and inconsiderate 
 driving 	 
1 	
9. 	 Regulation 55 	 Number of passengers 	 0.2 per adult 
 0.1 per student 	
10. 	 Regulation 78 	 Motor cycles 	0.5 	
11. 	 Regulation 82 	 Stopping and parking 	1 	
12. 	 Regulation 102 	 Drivers 	1 	
 13. 	 Regulation 109 	 General Rules (Speed Limits) 
 
 If Driver is 10 miles/hr or 
 less in excess of Speed·Limit. 
 
 If Driver is more than 10 miles/hr in excess of Speed Limit. 	 

1 

2 	
 ROAD TRAFFIC ORDER 1994 	 	
1. 	 Clause 11 	 No parking or turning in 
 specified places 	0.5 	
2. 	 Clause 12 	 No u-turn 	0.5 	
3. 	 Clause 13 	 No left turn 	0.5 	
4. 	 Clause 16 	 Traffic lights 	1 	
5. 	 Clause 20 	 Seat belts to be worn 	1 	
6. 	 Clause 21 	 Carriage of children in motor vehicle 	1 	
7. 	 Clause 22 	 Motorcycle helmet to be worn 	1 	
 ROAD TRAFFIC ORDERS 	 	
 	 For every other clauses in Road Traffic Orders not listed above 	1 	

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REVISION NOTES 2010

This Act was passed on 25 June 2009 but was not included in the Consolidation of Laws 2009 as it had only commenced on 7 June 2010. It is now included in the Consolidation of Laws 2010. 

There were no amendments made to this law since its enactment. 

This law has been consolidated and revised by the Attorney General under the authority of the Revision and Publication of Laws Act 2008 and is an official version of this Act as at 31 December 2010. It is an offence to publish this Act without approval or to make any unauthorised change to an electronic version of this Act. 
 
Revised and consolidated by the Legislative Drafting Division under the supervision of Papalii Malietau Malietoa (Parliamentary Counsel). 
 
The Road Traffic (Payment of Fines) Act 2009 is administered by the Samoa Land Transport Authority.