52Contents of improvement notices

52 Contents of improvement notices

(1) An improvement notice must—

S. 52(1)(a) amended by No. 41/2019 s. 51(1).

(a) if the notice relates to a contravention or likely contravention of a transport safety law—

(i) state that the transport safety officer believes the person—

S. 52(1)(a)(i)(A) amended by No. 41/2019 s. 51(1).

(A) is contravening a provision of a transport safety law; or

S. 52(1)(a)(i)(B) amended by No. 41/2019 s. 51(1).

(B) has contravened a provision of a transport safety law in circumstances that make it likely that the contravention will continue or be repeated; and

(ii) state the provision the officer believes is being, or has been, contravened; and

(iii) briefly, state how the provision is being, or has been, contravened; and

(iv) state the day before which the person is required to remedy the contravention or likely contravention; and

(b) in any other case—

(i) state that the transport safety officer believes the person—

S. 52(1)(b)(i)(A) amended by No. 41/2019 s. 51(2)(a).

(A) is carrying out or has carried out marine operations that threaten safety, or other operations that threaten marine safety; or

(B) is providing bus services or has provided bus services that threaten safety, or other services that threaten bus safety; and

(ii) briefly, state how—

S. 52(1)(b)(ii)(A) amended by No. 41/2019 s. 51(2)(b).

(A) the marine operations or bus services are threatening, or have threatened, safety; or

S. 52(1)(b)(ii)(B) amended by No. 41/2019 s. 51(2)(c).

(B) the other operations or services are threatening, or have threatened, marine safety or bus safety; and

S. 52(1)(b)(iii) amended by No. 41/2019 s. 51(2)(d).

(iii) state the day before which the person is required to carry out marine operations or other operations, or provide bus services or other services, so that safety is not threatened or likely to be threatened; and

(c) if a cost-benefit analysis has been carried out under section 175 of the Transport Integration Act 2010, set out the results of that analysis; and

(d) set out the penalty for non-compliance with the notice; and

(e) include information about the right to a review under Part 5 of the decision to serve the notice; and

(f) state that the notice is served under section 50.

(2) An improvement notice served on a person on a ground stated in section 50(1)(a) or (b) may include directions concerning the action to be taken to remedy the contravention or prevent the likely contravention, or the things or operations causing the contravention or likely contravention, to which the notice relates.