The Supreme Court has ruled that the Land Transport Authority cannot fine anyone over $2,000 as fines above the amount is unlawful and the Minister responsible can not make regulations out of the legislation.
This comes as Pasifika Enterprise challenged the Traffic Infringement Notice system after receiving a TIN for alleged truck overloading.
The Supreme Court says the fixed penalty of $13,000 was unlawful to the extent that it exceeded the statutory cap of $2,000 in the LTA Act.
Pasifika Enterprise, through their counsel Roopesh Singh had applied for a leave against a decision of the Court of Appeal rejecting its challenge to a Traffic Infringement Notice issued in respect of the overloading of truck.
The Supreme Court says the petition was lodged a year out of time and although no satisfactory reason was provided for what is on any view, an inordinate delay, their finding of unlawfulness means that they must grant an extension of time.
Based on the decision of the Supreme Court, Pasifika Enterprise has been granted leave to appeal the issuance of the notice.
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