Section 88: Fixed penalties

88. Fixed penalties (1) Notwithstanding any other enactment, where a person commits an offence specified in the Ninth Schedule, the authorised officer who detects the offence may, as soon as is reasonably practicable, and not later than 14 days of the commission of the offence, serve on that person a notice in the form set out in the Tenth Schedule calling upon him to pay in respect of the offence the fixed penalty provided in the Ninth Schedule. (2) A notice under subsection (1) shall— (a) be in such form as may be prescribed; (b) be drawn in quadruplicate; and (c) specify— (i) the name and address of the person committing the offence; (ii) the time and place of the offence; (iii) the nature of the offence; (iv) the fixed penalty provided for the offence; (v) the time within which the fixed penalty is to be paid; (vi) the Court or Tribunal where the fixed penalty is payable; (vii) the name and identification number of the authorised officer who detected the offence. (3) The authorised officer who detects the offence shall— (a) cause the original of the notice to be served on the offender; (b) forward one copy to the enforcing agency and another to the appropriate Court or Tribunal; and (c) retain one copy. (4) Every person who is served with a notice under subsection (1) shall, within 20 days of the service and upon production of the notice, pay the fixed penalty in the prescribed manner at the appropriate Court or Tribunal. (5) Where a person who has been served with a notice under subsection (1) fails to pay the fixed penalty within the time limit mentioned in the notice and criminal proceedings are instituted against him for the offence in respect of which he was served with the notice, he shall be liable, on conviction, to a fine which shall not be less than thrice the fixed penalty. [S. 88 amended by s. 30 of Act 6 of 2008 w.e.f. 15 July 2008.] [Issue 2] E12 – 52 Revised Laws of Mauritius