LAWS OF TUVALU

POLICE POWERS AND DUTIES REGULATIONS 2012

LN No.3 of 2012

MADE UNDER SECTION 177 OF THE POLICE POWERS AND DUTIES ACT 2009

Commencement [10th October, 2012] 

1 Short title 

Thise Regulations may be cited as the Police Powers and Duties Regulations 2012. 

1 Commencement 

These regulations come into force on the day they are endorsed by the Minister. 

2 Definitions 

In these regulations: 

"Act" means the Police Powers and Duties Act 2009. 

3 Penalty notices 

(1) For paragraph 150 (1) (a) of the Act, each offence mentioned in Schedule 1 is a penalty notice offence. 

(2) For paragraph 150 (1) (b) of the Act, the penalty payable for a penalty notice offence is the amount mentioned for the offence in Schedule 1. 

(3) For paragraph 150 (1) (e) of the Act, a penalty notice may be issued on Funafuti. 

______________

Schedule 1 Penalty notice offences and penalties

(regulation 4)

Part 1 Traffic offences
 
Division 1.1 Police Powers and Duties Act 2009

Item 	Offence 	Provision 	Fine units 	
1.01 	Fail to stop a vehicle when directed by a police officer without reasonable excuse 	Section 21 	2.5 	
1.02 	Fail to comply with a police officer's direction to a provide a vehicle for inspection 	Section 23 	2.5 	
1.03 	Fail to comply with a police officer's direction not to drive a motor vehicle 	Section 25 	2.5 	
1.04 	Fail to comply with a police officer's direction prohibiting the use of a vehicle 	Section 26 	2.5 	
1.05 	Fail to give notice to the owner of the vehicle 	Section 26 	2.5 	

Division 1.2 Traffic Act 1983

Item 	Offence 	Provision 	Fine units 	
1.06 	Unlicensed motor vehicle 	Section 6 	2.5 	
1.07 	Unlicensed driver 	Section 13 	2.5 	
1.08 	Drive motor vehicle with incorrect class of licence 	Section 13 	1.5 	
1.09 	Breach of conditions of a provisional drivers' licence 	Section 14(3) 	1.5 	
1.10 	Fail to produce drivers' licence within 48 hours of being instructed by a police officer 	Section 17(2) 	1.5 	
1.11 	Careless driving 	Section 20 	5 	
1.12 	Taking a motor vehicle without authority 	Section 22 	5 	

Division 1.3 Traffic Regulations
	
Item 	Offence 	Provision 	Fine units 	
1.13 	Unroadworthy motor vehicle 	Regulation 2(1) 	2.5 	
1.14 	More than 2 persons on a motor cycle 	Regulation 2(2) 	1 	
1.15 	Failing to signal 	Regulation 3 	1 	
1.16 	Failing to make way for emergency vehicle 	Regulation 4A 	1 	
1.17 	Fail to display L plate when on provisional driver's license 	Regulation 15(a) 	1 	
1.18 	Fail to keep vehicle left of centre on a roadway 	Regulation 5(3) 	1 	
1.19 	Fail to stop and provide details after a traffic accident (including animal) 	Regulation 4 	1 	
1.20 	Disobey a traffic sign 	Regulation 6 	1 	
1.21 	Exceeding a speed limit 	Regulation 7 	2.5 	
1.22 	Illegally parking a motor vehicle 	Regulation 8 	0.5 	
1.23 	Fail to display a registration plate 	Regulation 10 	1 	
1.24 	Not more than 1 trailer shall be drawn by any motor vehicle 	Regulation 11 	1 	
1.25 	Fail to display "taxi" sign when operating as a taxi 	Regulation 13 	1 	
1.26 	Throw litter from a motor vehicle 	Regulation 14(2) 	1 	
1.27 	Limb or part of body outside of motor vehicle 	Regulation 14 A 	1 	
1.28 	Fail to display lights when driving a vehicle at night 	Regulation 14C 	2.5 	

Part 2 Alcoholic Drink Act 1984

Item 	Offence 	Provision 	Fine units 	
2.01 	Drink alcohol in or near an off-licence premises 	Section 22 	2.5 	
2.02 	Licensee – sell alcoholic drink outside authorised trading hours 	Section 93 	2.5 	
2.03 	Unauthorised alcoholic drink on licensed premises 	Section 94 	2.5 	
2.04 	Licensee – breach of conditions of liquor licence 	Section 95 	5 	
2.05 	Licensee – trade at premises other than place specified in the licence without authorisation 	Section 96 	5 	
2.06 	Licensee – fail to produce a liquor licence to a police officer on demand	Section 97 	2.5 	
2.07 	Agent or Servant of a licensee – sell or supply an alcoholic drink to an person under 18 years of age 	Section 99(2) 	5 	
2.08 	Licence holder permit a police officer to be on licensed premises except for the purposes of duty 	Section 100 	2.5 	
2.09 	Drink within curtilage of licensed premises 	Section 101 	2.5 	
2.10 	Outside seller in a licensed premises 	Section 102 	2.5 	
2.11 	Unauthorised alcoholic drink in shops, etc 	Section 103(1) 	2.5 	
2.12 	Unauthorised sign 	Section 104 	2.5 	
2.13 	Possess a weapon on licensed premises 	Section 105(1) (a) 	2.5 	
2.14 	Possess a weapon while under the influence of alcohol 	Section 105(1) (b) 	2.5 	
2.15 	Unauthorised making of alcoholic drink 	Section 106(1) 	2.5 	
2.16 	Drink or possess mixture of sour toddy 	Section 107 	1 	
2.17 	Drink alcohol in a prohibited area (eg. public place) 	Section 118 	2.5 	
2.18 	Fail to leave licensed premises when directed 	Section 120 	2.5 	

Part 3 Police Powers & Duties Act 2009

Item 	Offence 	Provision 	Fine units 	
3.01 	Fail to comply with police order 	Section 50 	5 	
3.02 	Tamper with a seized thing 	Section 77 	5 	
3.03 	Contravene a direction or requirement of a police officer 	Section 170 	5 	

Part 4 Penal Code

Item 	Offence 	Provision 	Fine units 	
4.01 	Be drunk and disorderly in a public place 	Section 167(d) 	1 	
4.02 	Throw rubbish on a footway 	Section 169(i) 	1 	
4.03 	Drunk and incapable of taking care 	Section 170 	1 	
4.04 	Shout or make excessive noise 	Section 171(1) 	1 	
4.05 	Damage a signboard 	Section 169(f) 	1 	
4.06 	Indecent act in a public place 	Section 167(e) 	1 	
4.07 	Threatening, abusive or insulting words or behaviour 	Section 169(n) 	1 	

Part 5 Aerodrome Regulations
	
Item 	Offence 	Provision 	Fine units 	
5.01 	Drive a vehicle on an aerodrome runway without permission 	Regulation 3(9) 	1 	

Part 6 Public Health Regulations
	
Item 	Offence 	Provision 	Fine units 	
6.01 	Unclean premises 	Regulation 2 	1 	
6.02 	Stagnant water on premises 	Regulation 3 	1 	
6.03 	Tins, bottles or receptacles capable of holding water on premises 	Regulation 4 	1 	
6.04 	Water tanks sealed with mosquito-proof gauze 	Regulation 5 	1 	
6.05 	Stagnant water in boats 	Regulation 6 	1 	
6.06 	Litter in a public place 	Regulation 10 	1 	
6.07 	Unclean toilet 	Regulation 12 	1 	
6.08 	Not dispose of rubbish 	Regulation 14 	1 	
6.09 	Obstruct a sanitary inspector 	Regulation 27 	1