Passenger Transportation Administrative Penalty - Enforcement Actions

Part 1: Offences under the Passenger Transportation Regulation

Section A: Operation of Commercial Passenger Vehicle

Care and control of licence. Licensee must operate in compliance with terms and conditions of licence.

Item Number 1: Operating outside of area of service

First Offence Second Offence Third Offence Fourth and Further Offence
Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration

Upon notice & order for a first infraction:

Registrar's notice to impose a fine of $500 will be sent to the licensee.

A warning letter also sent to licensee to indicate subsequent infractions will result in additional administrative penalties.

Upon notice & order for a second infraction:

Registrar's notice to impose a fine of $500.

Upon notice & order for a third infraction:

Registrar's notice to impose a fine of $500.

Upon notice & order for a fourth and further infractions:

Registrar's notice to impose a fine of $500.

 

Item Number 2: Operating outside the restrictions e.g. seasonal operations, taxi host drivers, service limitation (contracts) as prescribed in licence

First Offence Second Offence Third Offence Fourth and Further Offence
Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration

Upon notice & order for a first infraction:

Registrar's notice to impose a fine of $250 will be sent to the licensee.

A warning letter also sent to licensee to indicate subsequent infractions will result in additional administrative penalties.

Upon notice & order for a second infraction:

Registrar's notice to impose a fine of $500.

Upon notice & order for a third infraction:

Registrar's notice to impose a fine of $750.

Upon notice & order for a fourth and further infractions:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

 

Item Number 3: Operating outside the specific carrying capacity; and/or type/model of vehicle as prescribed in the licence

First Offence Second Offence Third Offence Fourth and Further Offence
Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration

Upon notice & order for a first infraction:

Registrar's notice to impose a fine of $250 will be sent to the licensee.

A warning letter also sent to licensee to indicate subsequent infractions will result in additional administrative penalties.

Upon notice & order for a second infraction:

Registrar's notice to impose a fine of $250.

Upon notice & order for a third infraction:

Registrar's notice to impose a fine of $250.

Upon notice & order for a fourth and further infractions:

Registrar's notice to impose a fine of $250.

 

 

Item Number 4: Operating outside the PDV/ICB exclusions as described in the licence

First Offence Second Offence Third Offence Fourth and Further Offence
Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration

Upon notice & order for a first infraction:

Registrar's notice to impose a fine of $1000 will be sent to the licensee.

A warning letter also sent to licensee to indicate subsequent infractions will result in additional administrative penalties.

Upon notice & order for a second infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a third infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a fourth and further infractions:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

 

Item Number 5: Operating more vehicles than permitted on licence (PDV only)

First Offence Second Offence Third Offence Fourth and Further Offence
Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration

Upon notice & order for a first infraction:

Registrar's notice to impose a fine of $250 will be sent to the licensee.

A warning letter also sent to licensee to indicate subsequent infractions will result in additional administrative penalties.

Upon notice & order for a second infraction:

Registrar's notice to impose a fine of $500.

Upon notice & order for a third infraction:

Registrar's notice to impose a fine of $750.

Upon notice & order for a fourth and further infractions:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

 

Item Number 6: Not adhering to filed PDV rates

Fleet Size First Offence Second Offence Third Offence
1-10

Upon notice & order for a first infraction:

Registrar's notice to impose a fine of $250 will be sent to the licensee.

A warning letter also sent to licensee to indicate subsequent infractions will result in additional administrative penalties.

Upon notice & order for a second infraction:

Registrar's notice to impose a fine of $500 will be sent to the licensee.

Upon a notice & order for a third and further infractions:

Registrar's notice to impose a fine will be sent to the licensee. Penalty at the Registrar's discretion.
11-50

Upon notice & order for a first infraction:

Registrar's notice to impose a fine of $500 will be sent to the licensee.

 

Upon notice & order for a second infraction:

Registrar's notice to impose a fine of $750 will be sent to the licensee.

Upon a notice & order for a third and further infractions:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.
51-100

Upon notice & order for a first infraction:

Registrar's notice to impose a fine of $750 will be sent to the licensee.

Upon notice & order for a second infraction:

Registrar's notice to impose a fine of $1000 will be sent to the licensee.

Upon a notice & order for a third and further infractions:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.
101 or more

Upon a notice & order for a first infraction:

Registrar's notice to impose a fine of $1000 will be sent to the licensee.

Upon notice & order for a second infraction:

Registrar's notice to impose a fine of $1250 will be sent to the licensee.

Upon a notice & order for a third and further infractions:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

 

Item Number 7: ICB operating below minimum route frequency

First Offence Second Offence Third Offence Fourth and Further Offence
Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration

Upon notice & order for a first infraction:

Registrar's notice to impose a penalty will be sent to the licensee.

A warning letter also sent to licensee to indicate subsequent infractions will result in additional administrative penalties.

Upon notice & order for a second infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a third infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a fourth and further infractions:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

 

Item Number 8: Not adhering to filed rules

First Offence Second Offence Third Offence Fourth and Further Offence
Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration

Upon notice & order for a first infraction:

Registrar's notice to impose a fine of $250 will be sent to the licensee.

A warning letter also sent to licensee to indicate subsequent infractions will result in additional administrative penalties.

Upon notice & order for a second infraction:

Registrar's notice to impose a fine of $250 will be sent to the licensee.

Upon notice & order for a third infraction:

Registrar's notice to impose a fine of $250 will be sent to the licensee.

Upon notice & order for a fourth and further infractions:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

 

Item Number 9: Leasing plate for a fee

First Offence Second Offence Third Offence Fourth and Further Offence
Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration

Upon notice & order for a first infraction:

Registrar's notice to impose a fine of $1000 will be sent to the licensee.

A warning letter also sent to licensee to indicate subsequent infractions will result in additional administrative penalties.

Upon notice & order for a second infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a third infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a fourth and further infractions:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

 

Section B: Vehicle Driver is in Compliance

Licensee must ensure driver of vehicle is in compliance to operate under the licence.

Item Number 10: Improper class of driver's licence

First Offence Second Offence Third Offence Fourth and Further Offence
Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration

Upon notice & order for a first infraction:

Registrar's notice to impose a fine of $100 will be sent to the licensee.

A warning letter also sent to licensee to indicate subsequent infractions will result in additional administrative penalties.

Upon notice & order for a second infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a third infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a fourth and further infractions:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

 

Item Number 11: Driving under the influence of liquor or drugs

First Offence Second Offence Third Offence Fourth and Further Offence
Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration

Upon notice & order for a first infraction with subsequent follow up with police:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a second infraction with subsequent follow up with police:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a third infraction with subsequent follow up with police:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a fourth and further infractions with subsequent follow up with police:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

 

Item Number 12: Smoking while driving

First Offence Second Offence Third Offence Fourth and Further Offence
Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration

Upon notice & order for a first infraction:

Registrar's notice to impose a fine of $100 will be sent to the licensee.

A warning letter also sent to licensee to indicate subsequent infractions will result in additional administrative penalties.

Upon notice & order for a second infraction:

Registrar's notice to impose a fine of $100 will be sent to the licensee.

Upon notice & order for a third infraction:

Registrar's notice to impose a fine of $100 will be sent to the licensee.

Upon notice & order for a fourth and further infractions:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

 

Section C: Carriage of Passengers

Licensee to ensure the passengers are safely transported.

Item Number 13: Exceeding carrying capacity limitations on passenger transportation vehicle

First Offence Second Offence Third Offence Fourth and Further Offence
Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration

Upon notice & order for a first infraction:

Registrar's notice to impose a fine of $250 will be sent to the licensee.

A warning letter also sent to licensee to indicate subsequent infractions will result in additional administrative penalties.

Upon notice & order for a second infraction:

Registrar's notice to impose a fine of $500 will be sent to the licensee.

Upon notice & order for a third infraction:

Registrar's notice to impose a fine of $750 will be sent to the licensee.

Upon notice & order for a fourth and further infractions:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

 

Item Number 14: ICB not expressly authorized to carry standees

First Offence Second Offence Third Offence Fourth and Further Offence
Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration

Upon notice & order for a first infraction:

Registrar's notice to impose a penalty will be sent to the licensee.

A warning letter also sent to licensee to indicate subsequent infractions will result in additional administrative penalties.

Upon notice & order for a second infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a third infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a fourth and further infractions:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

 

Item Number 15: Exceeding number of standees

First Offence Second Offence Third Offence Fourth and Further Offence
Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration

Upon notice & order for a first infraction:

Registrar's notice to impose a penalty will be sent to the licensee.

A warning letter also sent to licensee to indicate subsequent infractions will result in additional administrative penalties.

Upon notice & order for a second infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a third infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a fourth and further infractions:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

 

Item Number 16: Passengers enter or leave vehicle when not safe to do so

First Offence Second Offence Third Offence Fourth and Further Offence
Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration

Upon notice & order for a first infraction:

Registrar's notice to impose a penalty will be sent to the licensee.

A warning letter also sent to licensee to indicate subsequent infractions will result in additional administrative penalties.

Upon notice & order for a second infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a third infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a fourth and further infractions:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

 

Item Number 17: Fares collected when vehicle in motion

First Offence Second Offence Third Offence Fourth and Further Offence
Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration

Upon notice & order for a first infraction:

Registrar's notice to impose a fine of $150 will be sent to the licensee.

A warning letter also sent to licensee to indicate subsequent infractions will result in additional administrative penalties.

Upon notice & order for a second infraction:

Registrar's notice to impose a fine of $150 will be sent to the licensee.

Upon notice & order for a third infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a fourth and further infractions:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

 

Item Number 18: Driver refused to transport passenger(s)

First Offence Second Offence Third Offence Fourth and Further Offence
Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration

Upon notice & order for a first infraction:

Registrar's notice to impose a penalty will be sent to the licensee.

A warning letter also sent to licensee to indicate subsequent infractions will result in additional administrative penalties.

Upon notice & order for a second infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a third infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a fourth and further infractions:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

 

Section D: Condition of Vehicle

Licensee must ensure the vehicles are in a safe operating condition.

Item Number 19: Unsafe vehicle operated by licensee - failed to not proceed

First Offence Second Offence Third Offence Fourth and Further Offence
Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration

Upon notice & order for a first infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a second infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a third infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a fourth and further infractions:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

 

Item Number 20: Safety conditions of vehicle not reported promptly to licensee

First Offence Second Offence Third Offence Fourth and Further Offence
Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration

Upon notice & order for a first infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a second infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a third infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a fourth and further infractions:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

 

Item Number 21: Inspection not performed on the vehicle before it is utilized to carry passengers (Licensee must have vehicle inspected & repaired if vehicle is reported defective)

First Offence Second Offence Third Offence Fourth and Further Offence
Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration

Upon notice & order for a first infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a second infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a third infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a fourth and further infractions:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

 

Item Number 22: Written reports of repairs not kept for two years

First Offence Second Offence Third Offence Fourth and Further Offence
Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration

Upon notice & order for a first infraction:

Registrar's notice to impose a fine of $250 will be sent to the licensee.

A warning letter also sent to licensee to indicate subsequent infractions will result in additional administrative penalties.

Upon notice & order for a second infraction:

Registrar's notice to impose a fine of $500 will be sent to the licensee.

Upon notice & order for a third infraction:

Registrar's notice to impose a fine of $750 will be sent to the licensee.

Upon notice & order for a fourth and further infractions:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

 

Item Number 23: Vehicle must have at least one opening for passengers to enter/leave on curb side of vehicle

First Offence Second Offence Third Offence Fourth and Further Offence
Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration

Upon notice & order for a first infraction:

Registrar's notice to impose a fine of $150 will be sent to the licensee.

A warning letter also sent to licensee to indicate subsequent infractions will result in additional administrative penalties.

Upon notice & order for a second infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a third infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a fourth and further infractions:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

 

Item Number 24: Commercial passenger vehicle operating with expired inspection certificate

First Offence Second Offence Third Offence Fourth and Further Offence
Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration

Upon notice & order for a first infraction:

Registrar's notice to impose a fine of $250 will be sent to the licensee.

A warning letter also sent to licensee to indicate subsequent infractions will result in additional administrative penalties.

Upon notice & order for a second infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a third infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a fourth and further infractions:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

 

Section E: Special Authorization Vehicle Identifier "SAVI" Plate & Attachment General Authorization Vehicle Identifier "GAVI" Displayed

Licensee must ensure the identifier is displayed on the vehicle.

Item Number 25: Identifier plate "SAVI" not the same material and design determined by the Registrar (e.g. forged plates)

First Offence Second Offence Third Offence Fourth and Further Offence
Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration

Upon notice & order for a first infraction:

Registrar's notice to impose a fine of $1000 will be sent to the licensee.

A warning letter also sent to licensee to indicate subsequent infractions will result in additional administrative penalties.

Upon notice & order for a second infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a third infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a fourth and further infractions:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

 

Item Number 26: Identifier plate "SAVI" not securely fasten in place at the front of the vehicle/horizontal position

First Offence Second Offence Third Offence Fourth and Further Offence
Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration

Upon notice & order for a first infraction:

Registrar's notice to impose a fine of $150 will be sent to the licensee.

A warning letter also sent to licensee to indicate subsequent infractions will result in additional administrative penalties.

Upon notice & order for a second infraction:

Registrar's notice to impose a fine of $150 will be sent to the licensee.

Upon notice & order for a third infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a fourth and further infractions:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

 

Item Number 27: Identifier "SAVI or "GAVI" not plainly seen and readable at all times

First Offence Second Offence Third Offence Fourth and Further Offence
Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration

Upon notice & order for a first infraction:

Registrar's notice to impose a fine of $150 will be sent to the licensee.

A warning letter also sent to licensee to indicate subsequent infractions will result in additional administrative penalties.

Upon notice & order for a second infraction:

Registrar's notice to impose a fine of $150 will be sent to the licensee.

Upon notice & order for a third infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a fourth and further infractions:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

 

Item Number 28: Identifier "GAVI" not displayed properly

First Offence Second Offence Third Offence Fourth and Further Offence
Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration

Upon notice & order for a first infraction:

Registrar's notice to impose a fine of $150 will be sent to the licensee.

A warning letter also sent to licensee to indicate subsequent infractions will result in additional administrative penalties.

Upon notice & order for a second infraction:

Registrar's notice to impose a fine of $150 will be sent to the licensee.

Upon notice & order for a third infraction:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

Upon notice & order for a fourth and further infractions:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.

 

 

Section F: Temporary Operating Permits

Licensee must operate in compliance with terms and conditions of temporary operating permit.

Item Number 29: Permit holder is operating in non compliance to the terms & conditions of the temporary operating permit

First Offence Second Offence Third Offence Fourth and Further Offence
Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration Fleet size - no consideration

Upon notice & order for a first infraction:

Registrar's notice to impose a fine of $250 will be sent to the licensee.

A warning letter also sent to licensee to indicate subsequent infractions will result in additional administrative penalties.

Upon notice & order for a second infraction:

Registrar's notice to impose a fine of $500 will be sent to the licensee.

Upon notice & order for a third infraction:

Registrar's notice to impose a fine of $750 will be sent to the licensee.

Upon notice & order for a fourth and further infractions:

Registrar's notice to impose a penalty will be sent to the licensee. Penalty at the Registrar's discretion.