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					                            TRAFFIC (AMENDMENT) BILL 2008

                                         Explanatory Note

(This note does not form part of the bill, and is intended only to explain its purpose and effect)

This Bill proposes to amend the Traffic Act CAP156, so as to transfer the powers thereunder and
administration of traffic matters to the Minister for Transport and his Ministry.

Section 2 of the Bill amends appropriate definitions.

Section 3 of the Bill prescribes the responsibilities of the Principal Licensing Authority regarding
traffic matters.

Section 4 of the Bill prescribes that records be kept with the Ministry of Transport.

Section 5 of the Bill provides that applications for licences to be made to the Ministry of
Transport‟s office at the appropriate district .

Section 6 of the Bill provides that applications for change of ownership to be made to the
Ministry of Transport‟s office at the appropriate district.




                                   Hon. ‘Alisi N Taumoepeau
                             Attorney General & Minister of Justice




                                                                                                     1
                                               A BILL

                                                  for

    AN ACT TO AMEND THE TRAFFIC ACT TO TRANSFER MINISTERIAL AND
    ADMINISTRATIVE POWERS TO THE MINISTER OF TRANSPORT AND THE
                      MINISTRY OF TRANSPORT

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 2008.

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

2. Section 2 of the Principal Act is amended by –

    (a)    inserting after the definition of “mentally defective” the following definition -

          “ “Ministry” means the Ministry of Transport;”.

    (b) deleting the definition of “Police Officer” and replacing with the following-

          “ “Police Officer” means any member of the Police Force;”

    (c) deleting the definition of “Principal Licensing Authority” and replacing with the
        following;

           “ „Principal Licensing Authority‟ means the Minister for Transport.”


3. The Principal Act is amended by deleting section 3 and replacing with the following -

          “3. Principal Licensing Authority
              (1) The Principal Licensing Authority shall be charged with the administration of
                  this Act.

              (2) The Principal Licensing Authority may designate such licensing officers and
                  examining officers and other officers as may be deemed necessary for the
                  purpose of exercising or discharging the powers, authority or duties conferred or
                  imposed on the Principal Licensing Authority or the Ministry to carry out the
                  purposes of this Act.

              (3) The Principal Licensing Authority may delegate in writing such powers under
                  this Act to such persons as may be necessary for the due carrying out of the
                  provisions of this Act or any Regulations made hereunder.”

4. Section 6(2) of the Principal Act is amended by deleting “police offices” and inserting the
   following-

          “Ministry‟s offices”.

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5. The Principal Act is amended by deleting section 7(1) and replacing with the following -

    “7.(1) The owner of every motor vehicle shall apply to the Principal Licensing Authority at
    the Ministry‟s office at the District in which he resides for a motor vehicle licence.”

6. The Principal Act is amended by deleting section 10 (1) and replacing with the following -

    “10. (1) Within 7 days after the sale or other disposal of any registered motor
             vehicle the person selling or otherwise disposing of the same shall in
             writing notify the Principal Licensing Authority at the Ministry‟s office at the district
             where the motor vehicle is for the time being registered of the fact of the disposal and
             of the name and address of the new owner.”




Passed by the Legislative Assembly this           day of                             2008.




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