road traffic act 1 criminal law, Lecture notes of Criminal Law

Download road traffic act 1 criminal law and more Lecture notes Criminal Law in PDF only on Docsity! ROAD TRAFFIC THE ROAD TRAFFIC ACT ARRANGEMENT OF SECTIONS PART I. Preliminan; 1. Short title. 2. Intelpretation. 3. Establishment of Road Traffic Control Authority and branches thereof. 4. Delegation of functions by Traffic Authoritics. 5 . Duties of Island TI.affic and Traffic Area Authorities. 6. [Repealed hyAct 13 of lY87.j 7. Delegation of functions by Liccnsing Authority. 8. Valid@ of proceedings of Island Traffic Authority, Trafic Arca Authorities and Licensing Authoritics. PART 11. Regulation ofMolor Vehicles 9. Application of this Part. 10. Certificate of fitness. 1 1. Classification of motor veluclcs. Licensing and Registration of Motor Vehicles 12. Licence duties on motor vchiclcs. 13. Duration of licences. 14. Motor Vehiclc Register. 15. Payment of licence dutics and fccs into Consolidatcd Fund and Parochial Rcvcnue Fund and thc Road Maintenancc Fund. 1.icence.s ofjkivers 16. Drivers’ Liccnccs rcquircd. 17. Licensing of drivers. 18. Prerequisites to the p n t of a drivcr’s liccncc. 19. Disqualifications for obtaining a dnvcr’s liccncc. 19A. Grounds for fefusal or canccllation of drivcr’s liccnccs [The inclusion of this page is authorized by L.N. 88/20031 3 211. 21. 22 . 23. 2-1. 25. 26. 27 . 28. 29. 30. 31. 32. 33. 34. 3JA. 3-18, 34C. RJD. 3JE. 34F. 34G. 35. 3 6 . 37 . 3%. Proixions as to physical fitness of applicants for dn\.ers' licences. Constitutron of Road TraRic Appeal Tribunal. Production of driver's licence to constable on request. Disqualification for offcnccs. Provisions as to disqualifications and suspensions. Pro\ isions as to endorsements. Provisions as to Driving mid (?fences in ~ o i i i i e ~ t i o i i /herew.ith Ratc of spccd on prcscribcd roads. Reckless or dangerous driving. Power to convict for rccklcss or dangcrous driving on trial for manslaughter. Powcr to procccd on chargc for carclcss driving on hcaring of cliargc for rccklcss or dangerous driving. Causing dcatli by rccklcss or dangcrous driving. Disqualification for offcnccs causing death. Carclcss driving. Racing and spccd trials. Driving motor vchiclcs undcr iflucncc of drink or drugs. Driving or bcing in chargc of vchiclc whilc blood-alcohol Icvcls excccd prcscribcd limit. Brcath tcst. Brcalh analysis. Laboratoy tcsts. Rcfusal to conscnt to taking of or providing of spcciincn. Ancillary provisions as to cvidcncc in procccdings Tor an offcncc undcr scction 34A or 34B. lntcrprctation orscctions 31A to 34F. Rcstriction on pillion riding. Rcslriclion on nuinbcr of trailcrs drawn. Duty to givc nainc and addrcss and 10 sbp. and powcr of arrcsl in Rcstriclions on proscculions. ccrlain cascs. ROAD TRAFFlC PART IV. Regdation of Commercial Motor cars 78. Prohibition to use commercial motor cars except under carriers' 79. Classes of camers' licences. 80. Procedure on application for licences. 81. Refusal. suspension or revocation of carriers' Licences in certain 82. Discretion of Licensing Authority to grant or to refuse carriers' 83. Conditions of licences. 84. Power to revoke or to suspend licences. 85. Objections to applications for licences. 86. Provisions for appeals in connection with licences. 87. Transfer of licences prohibited. 88. General power of making regulations. 89. Non-exemption of liability under other provisions of this Act licences. CBSCS. licences. or at common law. 5 PART V. Internarioiral circulation of Motor Vehicles 90. International circulation of motor vehicles. 91. Cases not within my convention. PART Vl. Roads and Vehicles Generally 92. Application of this Part to all vehicles. 93. Application of certain provisions of Part I1 to this Part. 94. Regulation of bicycle racing on roads. 95. Issue by Island Traffic Authority of directions for guidance of 96. Erection of traf6c signs, etc. 98. Power of Road Authority as to refuges. 99. Arrangements for patrolling school crossinPS. 100. Power of school crossing patrols to stop traffic. 101. Foot passenger crossings. 102. Provision of foot-paths. users of roads. 97. AI1 traffic signs to be obeyed mhhe inchsion of this page is authorized by L.N. 951 19971 6 ROAD TRAFFlC 103. Power to declare roads, principal roads. 104. Relating to drovers. 105. Power of Road Authority temporarily to prohibit or restrict t d i c on roads. PART W. General 106. Regulations. 107. Relating to regulations under this Act. 108. Punishment of offences not oherwise provided for. 109. Trial of offences. 110. Liability of driver or owner not affected. 111. Application to persons in Public SeMce. 112. Prerogative. 113. Saving. 114. Certain provisions of Part II not to apply to vehicles of Jamaica 115. Exemption from certain restrictions. Defence Fora. PART VIlI. Special Powers of Enforcement md Administration Tr&c Tickets 116. Punishment without prosecution of offences in connection with lights, reflectors, oktruction. etc. Trafie W d e m 117. Tr&c wardens. S p d Enforcement Provisions 118. Duty to give information as to identity of driver. etc., in certain 119. Evidence by artificatc. 120. Proof, in summary p r o c c e w , of identity of driver of vehicle. 121. Charges for removing and storing vehicles. 122. Disposal of vehicles abandoned on roads or in p a r k i n g places. 123. Regulations. cases. SCHEDULES ~ - - ._. mhe inclusion of this is authbrized by L.N. 951 19971 ROAD TRAFFIC 7 THE ROAD TRAFFIC ACT Cap 346. Laws 23 of1953, 31 of1953, 5 of 1954, 16 of 1956, 30 of1956, 23 of1957, 6 011959, 15 of1960, 20 of 1960, 11 ofl%l, 14 of 1962. Ada 7 of 1963, 17 of1963, 5 of l%4, 20 011964, 15 of1967, PART I . Preliminary 1. This Act may be cited as the.Road Trac Act. short title. 2. In this Act- Interpreta- tion. "area" means the area from time to time prescribed as a traffic, or as a licensing area, and the expressions "traffic area" and "licensing area" shall be construed - accordingly; "chauffeur" means a person who drives a motor vehicle and receives compensation therefor; "child" includes any person whose size, height or build is 1311999 S. 2. such that the person experiences or is likely to experience problems or difficulty with the upper anchorage point of a seat belt; "child restraint system" means a seat belt, restraint system or other device or combination of devices, designed to diminish the risk of injury to a child, in the event of collision or of abrupt deceleration of a vehicle, by [The Inclusion of thls page Is authorized by L.N. 180An006) ID ROAD TRAFFlC “trolley vehicle” means a mechanically propelled vehicle adapted for use upon roads without rails and moved by power transmitted thereto from some external source. (2) The Minister may by order declare any roadway to be a road for the purposes of this Act, and such order may declare any person to be the Road Authority for the purposes of this Act in relation to the roadway s@d in the order. (3) Every motor vehicle shall be deemed for m y purpose, to be a carriage within the meaning of any Act of this Island and of any rules, regulations or by-laws made under any Act of this Island, and if used as a Carriage of any particular class shall be deemed to be a Carriw of that class, and the Act relating to carriages of that class shall apply accordingly. E*bji&- 3.-(1) There shall be established at Kingston a Road RoadTraffic Traffic Control Authority (in this Act referred to as the Control Autbority “Island Traffic Authority’?. (2) The Island Traffic Authority shall be the Chief ulcnor. Technical Director, the Commissioner of Police and one other member appointed by the Minister, two to form a quorum, and there shall be attached to the Authority such officers and servants as the Governor-General shall from time to time appoint. (3) The Island TrafEc Authority shall have the general control of road traffic in the Island and shall be also the Traffic Area Authority for the W c area in which is included the Corporate Area as dehed by the Kingston and St. Andrew Corporation Act. (4) A person appointed an officer or servant by virtue of subsection (2) shall receive such salary as may be provided in the estimates of the Island and shall perform such duties as the Island Tr&c Authority shall assign. 611959 s. UCY men1 of and branched LN. 233”964 [The inclusion of &is page is authorized by L;N. 3/2001] ROAD TRAFFIC 11 ( 5 ) There shall be established, in such traffic areas of the Island as may be prescribed, a branch of the Island Traffic Authority (in this Act referred to as the ‘‘Traffic Area Authority”) under a Superintendent of Public Works, a Superintendent or Assistant Superintendent of Police and one other member appointed by the Minister, two to form a quorum, and there shall be attached to the Traffic Area Authority such officers and servants as the Governor-General shall from time to time appoint. (6) A Traffic Area Authority shall in relation to road traffic control within its area be subject to the general or special directions of the Island Traffic Authority, and a person appointed an officer or servant by virtue of subsection ( 5 ) shall receive such salary as may be provided in the estimates of the Island and shall perform such duties as the Island Traffic Authority shall assign. 4.--(1) The Island Traffic Authority or any Trafic Area 1)cicgation Authority may for the purpose of the due discharge of its ~)~~~~~~’ hnctions under this Act, delegate any of those hnctions to any Authoritio\ officer or servant of or attached to either of these Authorities or to such private entity or person as the Island Traffic Authority i4/2002 may fiom time to time designate. 2011 960 2(a) s 2 (2) A delegation under this section may be made in respect of any particular matter or class of matters or generally or may be limited to any part of the Island and may be made subject to such terms and conditions as the delegating Authority thinks fit. (3) A delegation under this section- (a) may at any time be revoked by the delegating Authority; (h) while in farce shall not prevent the discharge by the delegating Authority of any function thereby delegated. Duties of a i d l r a f f i c .Area 5. It shall be the duty of the Island Trat'fic Authority and, subject to the provisions of subsection (6) of section 3 , of a Traffic Area Authority, in accordance with the provisions of this Act- Island Traffic Authorities. (a) to regulate and control trafic on roads; (h ) to inspect fiom time to time all motor vehicles; (c) to test applicants for drivers' licences as to their competence to drive and, in the case of chauffeurs, as to their mechanical knowledge and to grant the necessary certificates of competence; (U') to grant certificates of fitness referred to in section 10; (e ) to keep records of endorsements on drivers' licences, v) to keep records of all accidents on roads; (g) to fbrnish annually to the Minister a report of all accidents on roads which result in death or injury to persons, and as far as practicable the causes attributed to such accidents; (h) to keep a Drivers' Offences Book; (i) to enforce the provisions of this Act and of regulations made thereunder. 6. [Repealed by Act 13 qf 1987.1 Delegation of .Authorit!. 7.-+1) A Licensing Authority may for the purpose of the due discharge of its fbnctions under this Act delegate any of those hnctions to a Collector of Taxes or any other public officer. hnctions by Licensing 20 1960 S. Z(b). (2) A delegation under this section may be made in respect of any particular matter or class of matters or [The iiicliisioii of 1111s pace IS nuthoiized b\ L N S S 200.71 ROAD TRAFFIC fitness is in force any licence granted in respect of that vehicle shall cease to have effect unless and until a new certificate of fitness is obtained. (4) Any person driving or using a motor vehicle in contravention of the provisions of this section shall be guilty of an offence. 15 11.-(1) Motor vehicles shall, for the purposes of this Classifica- tion of V e h i d e s Act and regulations made thereunder be divided into the motor following classes- (a) motor tractors; that is to say, motor vehicles which are not constructed themselves to carry any load other than the following articles, that is to say, water, fuel, accumulators and other equipment used for the purpose of propulsion, loose tools and loose equipment; (b) trucks; that is to say, motor vehicles (not being classified under this section as motor cars) which are constructed themselves to carry a load or passengers or both; (c) motor cars; that is to say, motor vehicles (not being classified under this section as motor cycles or invalid carriages) which are- (i) constructed solely for the carriage of passengers exclusive of the driver; (ii) adapted to carry not more than seven passengers exclusive of the driver, (d) private motor cars; that is to say, motor vehicles whether “trucks” or “motor cars”, within the meaning of this section, (not being vehicles class- ified as “commercial motor cars”) constructed me inclusion of this page is authorized by L.N. 68/1978] 16 ROAD TRAFFZC solely for the carriage of passengers and their effects and used exclusively for personal purposes; (e) motor cycles; that is to say, motor vehicles (not being classified under this section as “invalid carriages”) with less than four wheels and the unladen weight of which does not exceed eight hundredwelght; cf, invalid carriages; that is to say, motor vehicles, the weight of which unladen does not exceed five hundredweight and which are specially designed and constructed, and not merely adapted, for the use of persons suffering from simple physical defect or disability and are solely used by such persons; (g) trailers; that is to say, vehicles without motive power designed or used for carrying goods or freight or persons wholly on their own structure and for being drawn by a motor vehicle. (2) For the purposes of this Part- (a) in any case in which a motor vehicle is so constructed that a trailer may by partial super- imposition be attached to the vehicle in such man- ner as to cause a substantial part of the weight of the trailer to be borne by the vehicle, that vehicle shall be deemed to be a vehicle itself con- structed to carry a load; and (6) in the case of a motor vehicle fitted with a crane, dynamo, welding plant or other special appliance or apparatus, which is a permanent or essentially permanent fixture, the appliance or apparatus shall not be. deemed to constitute a load but shall be deemed to form part of the vehicle; and me inclusion of this page is authorized by L.N. 68/19781 ROAD TRAFFIC (c) a side-car attached to a motor cycle shall be regarded as forming part of the vehicle to which it is attached and not as being a trailer. Licensing and Registration of Motor Vehicles 12.-(1) There shall be charged, levied and paid to the Licence Licensing Authority of the area in which any motor vehicle or 2:: On trailer is kept for use on a road, annual licence duties at the rates vehicles. 2011 964 specified in the First Schedule. Such duties shall, save as may ,, ,(a,: hereinafter be provided, be payable in accordance with the (b),(c). 1511967 provisions of section 13, and, subject thereto, be collectable, ,, 2(a,, recoverable and enforceable under the provisions of any Act for FUS~ the time being in force regulating the payment, collection, Schedule, recovery and enforcement of taxes or duties: Provided that a licence to use a motor vehicle shall not be granted unless the applicant for the licence produces to the Licensing Authority a certificate of fitness in respect of the vehicle: Provided further that in the case of motor vehicles brought into Jamaica by persons making only a temporary stay in Jamaica or by dealers in motor vehicles, the regulations made under this Act may provide for the issue of licences and registration plates and for the kind of licences and registration plates to be issued to such persons, and as to the conditions C') under which such licences and registration plates shall be issued and the duty payable. (2) The Minister responsible for finance may by order- 1711963 S. 2. (a) revoke, increase, reduce or alter any licence duty specified in the First Schedule and may add any licence duty thereto; and [The inclusion of this page is authorized by L.N. 1 1 1/2005] 20 ROAD TRAFFIC running through such estate or pen and within the limits of the same. (1 1) Regulations made under this Part may provide for the total or partial exemption for a limited period from the duty payable under this section on any motor vehicle brought into Jamaica by persons making only a temporary stay in Jamaica, and for refunds of duty or partial exemp tion from duty in respect of vehicles no longer in use on a road. (12) Any licence issued under this section may be transferred in the prescribed manner. (13) If any person knowingly makes a false statement in any declaration required to be made under this Act such person shall be liable on conviction to a penalty of five thousand dollars and in default of payment thereof to imprisonment, with or without hard labour, for a term not exceeding three months. 2111999 82. Duralion of IiEcnfa. 2211987 a z 13.41) A licence under section 12 may be taken out fm- (a) a period of twelve months; or (b) a period of six months, commencing from the beginning of the month in which tbe licence first has effect. (2) The duty payabIe under section 12 on a Hcence for any vehicle shall- (a) if the licence is taken out for a period of twelve months, be paid at the annual rate of duty appli- cable to that vehicle; (b) if the licence is taken out for a period of six months, be an amount equal to one-half of the annual rate of duty applicable to that vehicle. W e inclusion of & page is authorized by LH. 3/2001] ROAD TMFPYC ( 3 ) For the purposes of this Act- 21 (a) issue of a licence under section 12 to take effect upon the expiry of an earlier licence may be made not earlier than thirty days before the date of expiry of the earlier licence; and ( h ) without prejudice to paragraph (a) or to collection when the licence duty is actually being paid, enforcement of any provision for the collection or recovery of licence duty payable under section 12 shall not be undertaken during the month of grace and the earlier licence shall, during the month of grace or until renewed during that month, be regarded as still in force. (4) For the purposes of subsection (3) “the month of grace”, in relation to any licence, means the period of one month after the expiration of the licence. ( 5 ) Except in such circumstances as may be prescribed, every application for a licence shall be deemed to be an application for a licence to take effect immediately after the date of expiry of the previous licence, and licence duty shall be payable accordingly. (6) The provisions of sections 15 and 18 of the Tax Collection Act (which relate to payment of taxes in moieties or quarterly) shall not apply to any licence duty payable in accordance with this section. 14.--(1) Every motor vehicle or trailer kept for use on a road hlotor shall be registered in a book to be called the “Motor Vehicles ~$~~~~ Register” and shall carry registration plates in the prescribed manner and such registration shall be effective for the whole period during which such motor vehicle or trailer is so used, subject to such alterations through loss of registration plates or otherwise, as may be effected in accordance with regulations made under this Act. 2 2 ROAD TRAFFIC Pa>ment of licence duties and fees into Consolidated Fund and Parochial RwenueFund and the Road Maintenance Fund. 18 1996 s. 2. 38 2002 S 2 (a) (b). (2) The hlotor Vehicles Register shall be kept by the Licensing Authority of the area in which the licence for the motor vehicle or trailer is issued, and in such Register shall be entered the letter and number of the registration plate, the name and address of the person for the time being in whose name the vehicle is registered, the number of any licence issued and the cause of discontinuance of the issue of the licence. (3 ) If a motor vehicle or trailer is used on a road without being registered or licensed, or in contravention of the terms of the licence or if any,registration plate or licence to be affixed and kept affixed in accordance with regulations made under this Act is not so affixed and kept affixed or if being so affixed is in any way obscured or rendered or allowed to become not easily distinguishable, the person driving or using the motor vehicle or trailer shall be guilty of an offence and the motor vehicle or trailer shall be liable to be seized and kept in the possession of the Police until the requirements of this Act and regulations thereunder have been complied with. (4) A person shall not be convicted of an offence under this section if he proves that he has had no reasonable opportunity of registering or licensing the motor vehicle or trailer and that the vehicle is being driven or drawn on the road for the purpose of being registered or licensed. 15.-(1) All licence duties and fees paid or payable under this Act or the regulations thereunder, other than the proportion of licence duties on motor vehicles specified in subsections (2) and (3), shall be paid into or accrue to the Consolidated Fund. (2) An amount equivalent to 66 % per cent of licence duties on motor vehicles shall be paid into and accrue to the Parochial Revenue Fund established under the Parochial Rates and Finance Act. [The illdiisioii of 1111s page I S authorized by L N 88/2003] ROAD TRAFFIC 25 (5 ) Drivers’ licences shall be in the prescribed form ~ / i w b tion (whether with respect to the class of licence or with respect to the description, design, construction, weight or any other feature of the vehicle which, as shown in the certificate of competence under section 18, he is competent to drive) the extent of such restriction shall be specified in the prescribed manner on the licence. and where the holder of the licence is subject to any restric- S. I (d). (6) The Licensing Authority on application by a person of at least seventeen years of age desiring to learn to drive a motor vehicle with a view to passing a driver’s test under section 18, may grant to such person a provisional licence to be in force for a period of twelve months which licence shall be in the prescribed form and granted subject to the prescribed conditions. If any person to whom such a provisional licence is granted fails to comply with any of the conditions subject to which it is granted he shall be guilty of an offence and shall be liable on summary con- ;/?a viction before a Resident Magistrate to a fine not exceeding four thousand dollars. 2111999 s. 2. 17.41) A Licensing Authority shall, subject to the ~ ~ ~ ; ~ ~ ~ , provisions of this Part, grant a driver’s licence of the appropriate class to any person resident in the area of the Licensing Authority who applies for it in the prescribed manner and produces to the Licensing Authority a certi- ficate of competence mentioned in section 18. (2) A Licensing Authority shall enter in a book to be called the “Drivers’ Licences Book” the particulars of- [The inclusion of this page is authorized by L.N. 312M11 ROAD TRAFFIC (a) all drivers’ licences granted by the Authority in- cluding the name, address and description of the person licensed and the date of such licence; (b) all drivers’ licences refused, suspended or revoked by the Authority and the reason for such refusal, suspension or revocation. (3) In the event of any licence issued as aforesaid being lost the Licensing Authority who issued the lost licence may issue a new licence in place of the licence so lost on payment of the prescribed fee. ~ 1 9 8 4 S 3 (b). 16[1964 (4) Any person who- s. 3 (e). (a) maliciously removes, defaces or destroys any m cord; or (b) with intent to deceive or defraud, alters or erases any record, kept by the Licensing Authority, shall be guilty of an offence and shall be liable on summary conviction in a Resident Magistrate’s Count to a fine not exceeding twenty thousand dollars or to imprisonment for a period not exceeding twelve months or to both such fine and imprisonment. 21/*999 s 2. m a i m 18.41) A Licensing Authority shall not grant a drivcr’8 ofadnvcr,, licence unless the applicant for the licence pays to the Eocsca 1611984 Licensing Authority the prescribed fee which may include s. 4. a prescribed service charge and unless the applicant produces to the Authority a certificate (in this Act referred to as a “certificate of competence”) in the prescribed form, from 10 the gran1 [The inclusion of this page is aufhorized by L.N. 3/2001] ROAD TRAFFIC n the Tr&c Area Authority in whose traflic area is situated the licensing area, certirying that the applicant- (i) is able to read and write in English; (ii) has complied with the provisions of this Act and the regulations made thereunder and paid the fees prescribed for a driver’s test and, has passed or has been exempted from, such test and, where the applicant is a chaufIeur has passed, or has been exempred from, a test of his mechanical knowledge; (iii) is at least seventeen years of age, or in the case of an applicant for a motor cycle driver’s licence that he is at least of that age; (iv) in the case of an applicant for a general driver’s licence to drive a public passenger vehicle, has attained the age prescribed for the holding of such a licenoe; (v) has produced to the Traffic Area Authority, a certificate from a Justice or a Superintendent or Assistant Superintendent of Police in the area in which the applicant resides, in the presmid form certifying that he is a Et and proper person to be the holder of a driver’s licence; (vi) in the case of an applicant for a private driver’s licence, or for a motor cycle driver’s licence, has made a declaration in the prescribed form that he is not suffering from any such disease or physical disability as may be specified in the form, or any other disease or physical disability which would be likely to cause the driving by him of a motor [The inclusion of this page is anthorized by L.N. 3/2001J 28.02 ROAD TRAFFIC 1/1993 S. 2!b). 16/1W s. 5. amunds for refusal or cancel- lation of drivcrs’ l i ccncn 16/1984 S. 6. 111993 S. 3 (a). 111993 S . 3 (b). (c) if he is disqualified by virtue of any of the provi- sions of paragraph (a), ( b ) or (c) of subsection (4) of section 59A. (2) In any proceedings the fact that a driver’s licence has been granted to a person shall be evidence that that person for the purpose of obtaining that licence made a declaration or produced a medical certificate, as the case may be, that he was not disqualified for holding or obtain- ing the licence. (3) For the purposes of subsection (1) (a) two or more licences shall, unless the contrary is proved by the licensee, be regarded as having been granted to the same person if his photograph appears thereon notwithstanding that the licences are in different names. 19A.-(l) A Licensing Authority shall refuse to grant or renew a driver’s licence in respect of any person if- (U) the applicant is, for any reason, not entitled to be granted a licence; or (b) the applicant is, pursuant to section 19, disqualified for holding or obtaining a driver’s licence. (2) Where it appears to the Licensing Authority that there is reason to believe that subsection (1) applies to any person who is the holder of a driver’s licence or a pro- visional licence, as the case may be, the Licensing Authority shall revoke or suspend as the case may require the licence held by such person. -~ ~ lIheinclusionuf thispigeisauthoriredby L!N.%/1998] ROAD TRAFFIC 29 (3) Where, pursuant to this section, the Licensing Authority refuses to renew a licence or revokes or suspends ;’:$(% a licence held by any person, the Licensing Authority shall give notice of such refusal, suspension or revocacion, as the 1/1993 s. 3(C)(ti). case may be; and the reasons therefor to the holder of the licence who shall, on receipt of such notice, without preju- dice to any appeal to the Road Traffic Appeal Tribunal, surrender the licence forthwith to the Licensing Authority. (4) Any person who fails to surrender a licence as required under subsection (3) shall be guilty of an offence and shall be liable on first conviction to a h e not exceeding ten thousand dollars or to imprisonment for a term not ;.*if99 exceeding three months and in the case of a second or sub- sequent conviction to a fine not exceeding fifteen thousand 2 1 / 1 9 ~ months. dollars or to imprisonment for a term not exceeding six s. 2. 20.41) Where a Licensing Authority refuses to grant provisiuru a driver’s licence of any class on the ground that the appIi- z;ical mentioned in paragraphs (vi) and (vii) of subsection (1) of igzm’ section 18- cant is suffering from any such disease or disability as is apDl,can,s 1,I”CM “ f (a) the Licensing Authority may grant to the appli- cant a licence limited to drive an invalid carriage if the Traffc Area Authority in whose traffic area is situated the licensing area certifies to the Licensing Authority that the applicant is fit to drive such a carriage; (b) the applicant may, except in the case of such diseases and disabilities as may be prescribed, on payment of the prescribed fee. claim to be sub- jected to a test as to his fitness or ability to drive a motor vehicle of any such class or description as he would be authorized by the licence to drive and if the Traffic Area Authority in whose traffic area [The inclusion of this page is authorized by L.N. 3120011 nt in 30 ROAD TRAFFIC the licensing area is situated certifies to the Licensing Authority that the applicant has passed the prescribed test and is not otherwise disquali- fied, the grant of the licence shall not be refused by reason only of the provisions of paragraphs (vi) and (vii) of subsection (1) of section 18, so, however, that if the Traffic Area Authority certifies to the Licensing Authority that the test of the applicant proves his fitness to drive vehicles of a particular construction or design only, the licence shaU be iimited to the driving of such vehicles; (c) if on the first application for the grant of a driver’s licence by a person who at the commence- ment of this Act is the bolder of a driver’s licence under any Law now repealed, an applicant who is suffering from a disease or disability, other than a disease or disability prescribed as afore- said, makes a declaration that notwithstanding his disease or disability he has during tbe six months immediately preceding the application been in the habit of driving a motor vehicle of any such class or description as he would be authorized by the licence to drive and that the disease or disability from which he suffered did not cause the driving of such a motor vehicle by him to be a source of danger to the public, the licence shall not be refused by reason only of such disease or disability being a disease or disability other than a disease or disability prescribed as aforesaid; (d) if on the application for the grant of a licence the applicant makes a declaration that on the occa- sion of a previous application by him a licence was granted to him after passing such a test as is mentioned in paragraph (b), or on making such a declaration as is mentioned in paragraph k), a [The inclusion of this page is au,thonzed by L.N. 3/ZWll ROAD TRAFFIC bunal, which may make such orders as it t h i n k s fit, and, as regards an appeal pursuant to paragraph (c), the Tribunal may, regardless of the merits of the decision of the Transport Authority on the matter order the Authority to hear any person who has made an objection if the Tribunal in its discretion, thinks it desirable, in all the circumstances, for that person to be heard by the Authority. 35 (8) Any order made pursuant to subsection (7) shall 1311987 2nd. scb be final and conclusive and shall bind the Transport Authority , 22. Any person driving a motor vehicle on a road or produrnion accompanying a learner in a motor vehicle on a road or a ~~~~ learner in a motor vehicle on a road shall, on being so required by a constable, produce his driver’s licence for examination so as to enable the constable to ascertain the name and address of the holder of the licence, the date of issue and the Licensing Authority by which it was issued, and if he fails to do so he shall be guilty of an offence: aforesaid is unable to produce his driver’s licence when so 111953 required but is able to satisfy the constable by other means as to his name. address and identity, that constable shall, if otherwise satisfied as to the credentials of that person, permit him to produce such licence in person within five days thereafter at such Police Station as may be specified by that person at the time its production was required, and if the licence is so produced that person shaU not be convicted of an offence under this section. of any criminal offence in connection with the driving of a :g:z motor vehicle and any court before which a person is convicted of any offence whatsoever under this Act or the regulations made thereunder, in addition to any penalty for such offence- Provided that subject to section 116 (1) where a person zsf{E s 5. 23.-(1) Any court before which a person is convicted D ~ ~ ~ ~ E ~ . (The inclusion of this page is authokmd by LN. 42119951 34 ROAD TRAFFIC (a) may in any case, except where otherwise expressly provided by this Part, and shall, where so required by this Part, order him to be disqualified for holding or obtaining a driver’s licence for such period as the court thinks fit; and (6) may in any case, and shall where a person is by virtue of a conviction disqualified for holding or obtaining a licence, or where an order so disquali- fying any person is made or where so required by this Part, order that the particulars of the con- viction and of any disqualification to which the convicted person has become subject shall be endorsed on any licence held by the offender: Provided that, if the court thinks fit, any disqualifica- tion imposed under this section may be limited to the driving of a motor vehicle of the same class or description as the vehicle in relation to which the offence was committed. (2) A person who by virtue of an order of a court under this Part is disqualified for holding or obtaining a driver’s licence may appeal against the order in the same manner as against a mnviction and the court making the order may if it thinks fit, pending the appeal, suspend the operation of the order. P ~ * M 24.-(1) Where a person who is disqualified by virtue %&&fi, of a conviction or order under this Part is the holder of ausIpLwIiom. lionsand a driver’s licence, the licence shall be suspended so long as the disqualification continues in force. (2) A licence suspended by virtue of this Part shall during the time of suspension be of no effect. (3) A person who by virtue of a conviction or order under this Part is disqualified for holding or obtaining a driver’s licence may, at any time after the expiration of [The inclusion of this page iS authorized by L.N. 42/1995] ROAD TRAFFIC 35 six months from the date of the conviction or order, and from time to t h e , apply to the court before which he was convicted or by which the order was made to remove the disqualification, and on any such application the court may, as it thinks proper, having regard to the character of the person disqualified and his conduct subsequent to the conviction or order, the nature of the offence, and any other circumstances of the case, either by order remove the disqualification as from such date as may be specilied in the order or refuse the application: Provided that, where an application under this sub- section is refused, a further application thereunder shall not be entertained if made within three months after the date of the refusal. If the court orders a disqualification to be removed, the court shall cause particulars of the order to be endorsed on the licence, if any, previously held by the applicant and the court shall in any case have power to order the applicant to pay the whole or any part of the costs of the application. (4) If any person who, under the provisions of this Part, is disqualified for holding or obtaining a driver’s licence applies for or obtains a licence while he is so dis- qualified, or if any such person while he is so disqualified drives a motor vehicle, or, if the disqualification is limited to the driving of a motor vehicle of a particular class or description, a motor vehicle of that class or description, on a road, that person shall be guilty of an offence and shall be liable on conviction thereof to imprisonment. with or without hard labour, for a term not exceeding six months or if the court thinks that, having regard to the special circumstances of the case, a pecuniary penalty would be an adequate punishment for the offence, to a penalty not exceeding ten thousand dollars, and in default of payment 22,1999 to imprisonment with or without hard labour for a term not s. 2. [The ioclusion of this page is authorized by L.N. 3/20011 38 ROAD TRAFFIC I6 I 1984 s. 9. be entitled, either on applying for the grant of a licence under this Part or subject to payment of a fee of ten dollars, and subject to surrender of any subsisting licence, at any time, to have issued to him a new licence free from endorse- ments : Provided that, in reckoning the said period of three years, any period during which the person was by virtue of the order disqualified for holding or obtaining a driver’s licence shall be excluded. (6) Where a court orders particulars to be endorsed on a driver’s licence held by any person, or where by a conviction or order of a court a person is disqualified for holding or obtaining a licence, the court shall send notice of the order to the Traffic Authority in whose traffic area that person resides, and in a case where a person is so disqualified, shall also on the production of the licence for the purpose of endorsement retain the licence and forward i t to such Traffic Authority, and that Authority shall keep the licence until the disqualification has expired or been removed and the person entitled to the licence has made a demand in writing for its return to him. Where the disqualification to which a person has become subject is limited to the driving of a motor vehicle of 8 particular class or description, the Traffic Authority to whom that person’s licence has been forwarded under this subsection shall forthwith after the receipt thereof cause the appropriate Licensing Authority to issue to that person a new licence on which there shall be indicated in the prescribed manner the class or description of vehicle which the holder of the Licence is not thereby authorized tu drive, and the licence so issued shall remain in force either for the unexpired period of the original licence or for the period of disqualification. whichever is the shorter. (7) Where on an appeal against any such order the appeal is allowed, or where any such conviction is quashed [The inclusion of this page is authoriEed by L.N. 3/2IXJlI ROAD TRAFFIC the court by which the appeal is allowed or the conviction is quashed, shall send notice thereof to the Traffic Authority in whose traffic area the person affected by the order or conviction resides and to the Licensing Authority who issued the licence. 39 Provisions as to Driving and Offences in connection therewith 26.-(1) I t shall not be lawful for any person to drive a Rate of Speed 011 motor vehicle of any class or description on a prescribed prescribed greater than the speed prescribed as the maximum speed in relation to a vehicle of that class or description and if any person acts in contravention of this section he shall be guilty of an offencse and shall be liable on conviction 12/19xi road or on a road within a prescribed area at a speed roads. s 4 to the following penalties- Ill993 (a) where the maximum speed is exceeded by 10 to 20 "Io miles per hour, to a penalty not exceeding two 2111999 thousand dollars; (b) where the maximum speed is exceeded by 21 to 30 miles per hour to a penalty not exceeding four thousand dollars; or (c) where the maximum speed is exceeded by 31 miles per hour or more, to a penalty not exceeding six thousand dollars. (2) A first or second conviction for an offence under this section shall not render the offender liable to be dis- qualified for holding or obtaining a licence. ( 3 ) A person charged under this section with the offence of driving a motor vehicle of any class or descrip tion at 1 speed greater than the maximum speed prescribed in the case of a vehicle of that class or description, shall not he liable to be convicted of the offence solely on the evidence of one witness to the effect that in the opinion of s. 2. IThe lnclmion of this page is aulhorized by LN. 3/2001] ROAD TRAFFIC the witness the person charged was driving the vehicle a t such greater speed. (4) If a person who employs other persons to drive motor vehicles on roads publishes or issues any timetable or schedule, or gives any directions, under which any journey, or any stage or any part of any journey, is to be completed within some specified time, and it is not practi- cable in the circumstances of the case for that journey, or that stage or part of the journey, to be cmp10ted in the specified time without an infringement of the provi- sions of this section, the publication or issue of the said time table or schedule, or the giving of the directions, may be produced as prim6 fucie evidence that the employer procured or incited the persons employed by him to drive the vehicles to commit an offence under this section. Reckless or danzemua driving. 27.-(1) If any person drives a motor vehicle on a road recklessly, or at a speed or in a manner which is dangerous to the public, having regard to all the circumstances of the case, including the nature, condition, and use of the road, and the amount of traffic which is actually at the time, or which might reasonably be expected to be, on the road. he shall be liable- 4111969 s. 2. 2111999 (a) on conviction, to a penalty not exceeding twenty thousand dollars, and in default of payment to imprisonment with or without hard labour for a term not exceeding six months, or to imprison- ment with or without hard labour for a term not exceeding six months. and, in the case of a second or subsequent conviction. either to a penalty not exceeding thifly thousand dollars, and in default of payment to imprisonment with or without hard labour far a term not exceeding twelve months, or to imprisonment with or without hard labour for a term not exceeding twelve months or to both such penalty and imprisonment; s. 2. 21 / 1999 s 2. 21 I1999 s. 2. 2111999 s. 2. (The inclusion of this page is authorized by L.N. 3iZM)lI ROAD TRAFFIC 43 vehicle by him, it shall be lawful for the jury, if they are satisfied that he is guilty of an offence under subsection (1) to find him guilty of that offence, and upon the trial of a person for an offence under subsection (1) it shall be lawful for the jury, if they are satisfied that he is guilty of an offence under section 27, to find him guilty of that offence, whether or not the requirements of section 38 have been satisfied as respects that offence. 31.-(1) A person convicted of manslaughter in o o ~ e c - Disqusli- tion with the driving of a motor vehicle by him or of an offencca fication foi offence under section 30 shall, unless the court for special ~~~~ reasons thinks fit to order otherwise, and without prejudice ;1/;-%9 to the power of the court to order a longer period of disqualification, be disqualified for a period of twelve months from the date of the conviction for holding or obtaining a driver’s licence. (2) Where a person is convicted of aiding, abetting, counsehg or procuring, or inciting the commission of an offence mentioned in subsection (l), and it is proved that he was present in the vehicle at the time of the commission of the offence, the provisions of that subsection shall apply in relation to the offence of which he is convicted as if it were mentioned in that subsection. 32.-(1) If any person drives a motor vehicle on a road Ca+= dnvlng. without due care and attention or without reasonable con- sideration for other persons using the road he shall be guilty of an offence and shall be liable on conviction thereof to a penalty not exceeding five thousand dollars. (2) A first or second conviction for an offence under this section shall not render the offender liable to be dis- qualified for holding or obtaining a driver’s licence. 2111999 s. 2. [The inclusion of this Page is authorized by L N. 3i20011 44 ROAD TRAFFlC Racingand 33.-(1) Any person who promotes or takes pafl in a race or trial of speed between motor vehicles on a road shall be guilty of an offence. speed tnalr (2) A person convicted of an offence under this section shall, unless the court for special reasons thinks Et to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, be disqualified for a period of twelve months from the date of the conviction for holding or obtaining a driver’s licence. Driving motor VehideS under inllucoce of drink or dnw. 21/1999 s 2. 3 4 4 1 ) Any person who when driving or attempting to drive or when in charge of a motor vehicle on a road or other public place is under the influence of drink or a drug to such extent as to be incapable of having proper control of the vehicle, shall be I i ab lG (a) on conviction to a penalty not exceeding twenty thousand dollars and in default of payment to imprisonment with or without hard labour for a term not exceeding four months or to imprison- ment, with or without hard labour, for a term not exceeding four months, and in the case of a second or subsequent conviction to imprisonment, with or without hard labour, for a term not exceed- ing six months; ( h ) on conviction on indictment to imprisonment, with or without hard labour, for a term not exceeding six months. (2) A person convicted of an offence under this section shall, unless the court for special reasons thinks fit to order otherwise and without prejudice to the power of the court to order a longer period of disqualification, be disqualified for a period of twelve months from the date of the conviction for holdins or obtaining a licence. F e ioclusioo of this p a ~ e is authorized by L.N. 3!20011 ROAD TRAFFIC (3) A constable may arrest without warrant any person committing an offence under this section. 45 34A.-(1) A person shall not drive or attempt to drive Drivisgor being m or be in charge of a motor vehicle on a road or other public place if he has consumed alcohol in such a quantity that $;IB the proportion thereof in his breath or blood exceeds the ;dhr;( prescribed l i t . ltacL shall be guilty of an offence and shall be l i a b l e C X c k d 611995 s. 2. (2) Any person who contravenes subsection (1) ky"d (a) in the case of a first conviction, to a fine not ex- ceeding ten thousand dollars or in default of pay- 21/1m ment thereof to imprisonment for a term not sz. exceeding six months; and to a fine not exceeding twenty thousand dollars or 2 1 / 1 ~ in default of payment thereof, to imprisonment for S. 2. a term not exceeding twelve months. (3) No person shall be convicted under this section of being in charge of a motor vehicle as mentioned in sub- section (1) if he proves that at the material time the circum- stances were such that there was no likelihood cf his driving the motor vehicle so long as there was any probability of his having alcohol in his breath or blood in a proportion exceeding the prescribed limit. (b) in the case of a second or subsequent conviction, 34B,-(1) Where a constabk in uniform or on showing *,, his authority as a member cf the Constabulay Force has (a) that a person driving or attempting to drive or in charge of a motor vehicle on a ro2d or other public place has an alcohol level in his breath exceeding the prescribed limit or is in breach of section 34; or reasonable cause to suspect- sz !The inclurinn of this page is authorized by L.N. 3!2001] 46.02 ROAD TRAFFIC present in that person’s breath a concentration of alcohol in excess of the prescribed limit, the constable may require that person to submit, in accord- ance with the directions of the constable, to a breath analysis. (2) The breath analysis referred to in subsection (1) shall be carried out at a police station by a member of the Constabulary Force authorized in that behalf by the Minister. (3) A member of the Constabulary Force shall not require any person to undergo a breath test or to submit to a breath analysis- (a) if that person has been admitted to hospital for medical treatment and the medical practitioner in immediate charge of his treatment has not been notified of the intention to make the requisition or objects on the ground that compliance therewith would be prejudicial to the proper care or treat- ment of that person; (b) if it appears to that member that it would, by reason of injuries sustained by that person, be dangerous to that person’s medical condition to undergo a breath test or submit to a breath analysis; or (c) at that person’s usual place of abode: Provided that a person may be required to submit to a (a) if the member has reasonable cause to believe that- (i) the person was involved in an accident on a road or other public place within the pre- ceding two hours resulting in death or serious injury; and (ii) at the time when the accident occurred the person had an alcohol level in his breath exceeding the prescribed limit; and breath test at that person’s usual place of abcde- - - (The inclusion of this page i s aulhorized by L.N. 3(2001] ROAD TRAFFIC 46.03 Ib) it was not feasible for a constable to require the person to submit to a breath test at the scene of the accident. (4) Any person who- (a) upon being required under subsection (1) to sub- mit to a breath analysis fails to do so in accordance with the directions of a member of the Constabulary Force; or (b) wilfully does anything to alter the concentration of alcohol in his breath or blood between the time of the event referred to in section 34B (in r e s p t of which he has been required to undergo a breath test) and the time when he undergoes that test or, if he is required to submit to a breath analysis, the time when he submits to that analysis, shall be guilty of an offence and shall be liable- (c) in the case of a first conviction, to a fine not ex- ceeding six thousand dollars or in default of pay- ;!{!” ment thereof to imprisonment for a term not exceeding six months; and (d) in the case of a second or subsequent conviction, to a fine not exceeding ten thousand dollars or in zi/im default of payment thereof to imprisonment for a term not exceeding twelve months, (5) It shall be a defence to a prosecution for an offence under subsection (4) (a) if the defendant satisfies the court that he was unable on medical grounds at the time he was required to do so to undergo a breath test or to submit to a breath analysis, as the case may be. (6) As soon as practicable after a person has sub- mitted to a breath analysis, the member of the Constabulary Force operating the breath analysing instrument shall de- liver to that person a statement in writing signed by that member specifying- s. 2. [The inclusion of this page is authorized by L N. 3/2001] 46.04 ROAD TRAFFIC (a) the concentration of alcohol determined by the analysis to be present in that person’s breath and expressed in microgrammes of alcohol in 100 millilitres of breath; and (b) the time of day and the day on which the breath analysis was completed. (7) In proceedings for an offence under section (a) evidence may be given of the concentration of alcohol present in the breath of the accused as determined by the breath analysing instrument operated by the member of the Constabulary Force authorized in that behalf under section 34C (2); and (6) the concentration of alcohol so determined shall be deemed to be the concentration of alcohol in the breath of the accused at the time of the occurrence of the event mentioned in section 34B (1) (a) unless the accused proves that the concen- tration of alcohol in his breath at that time did not exceed the prescribed limit. (8) In proceedings for an offence under section 34B, a certificate purporting to be signed by a member of the Constabulary Force certifying that- (a) he is authorized by the Minister to operate breath analysing instruments; (b) a person named therein submitted to a breath analysis; (c) the apparatus used by him to make the breath analysis was a breath analysing instrument ap- proved by the Minister, (d) the analysis was made on the day and completed at the time stated in the certificate; 34, 34A or 34B- [The inclusion of this page is authorized by L.N. 3/2001] ROAD TRAFFIC 46.07 Ancillary 34F.--(I) For the purposes of any proceedings for an prov,dons offence under section 34A, a certificate signed by an author- ;E;- ized analyst, certifying the proportion of alcohol found in r d n s s a specimen identified by the certificate shall, subject to sub- offen- section (3), be evidence of the matters so certified and of 5sfuon the qualifications of the analyst. or an under 611995 s. 2. 34.4 Or 349. (2) For the purposes of any proceedings for an offence under section 34A, a certificate purporting to be signed by the medical practitioner that he took a specimen of blood from a person with that person’s consent shall, subject to subsection (31, be evidence of the matters so certified and of the qualifications of the medical practitioner. (3) Subsections (1) and (2) shall not apply to a certificate tendered on behalf of the prosecution- (U) unless a copy has been served personally on the accused or his counsel not less than seven days before the hearing or trial; or (6) if the accused, not less than seven days before the hearing or trial, or within such further time as the court may in the circumstances of the case allow, has served notice on the prosecution requiring the attendance at the hearing or trial of the person by whom the cettificate was signed. (4) Where, in proceedings for an offence under section 34A the accused, at the time a specimen of blood was taken from or provided by him, asked to be supplied with such a specimen, evidence of the proportion of alcohol found in the specimen shall not be admissible on behalf of the prosecution unless- (a) the spechen is either one of two taken or pro- vided on the same occasion or is part of a sinde specimen which was divided into two parts at the time i t was taken or provided; and Vhe inclusion of this page is authorized by L N 951 1997) --___ 46.08 ROAD TRAFFlC (6) the other specimen or part was supplied to the accused. In*wr**- redio~u context otherwise requires- 6!1995 34G.-(1) In sections 34A to 34F, except so far as the “authorized analyst” means a person designated as such by the Minister responsible for health by order published in theGazeite; tioo of 3 4 A lo 34F. s. 2. “breath analysis” means the quantitative measuring of the proportion of alcohol in a person’s breath, carried out by means of a device approved for the purpose by the Minister; “breath test” means a test for the purpose of obtaining an indication of the proportion of alcohol in the person’s breath carried out by means of a device of a type approved for the purpose of such a test by the Minister, on a specimen of breath pro- vided by such person; “constable” means a member of the Jamaica Constab- ulary Force or the Island Special Constabulary Force; “Constabulary Force” means the Jamaica Constabulary “fail”, in rehtion to providing a specimen, includes Force or the Island Special Constabulary Force; refuse; “hospital” means an institution which provides medical or surgical treatment for in-patients or out-patients and includes any place recognized by the Minister responsible for health as a place where laboratory tests are carried out; “laboratory test” means the analysis of a specimen pro- “the prescribed limit” means, in respect of- vided for the purpose; ROAD TRAFFIC (a) breath alcohol concentration, 35 micro- grammes of alcohol in 100 millilitres of breath; and ( b ) blood alcohol concentration, 80 milli- grammes of alcohol in 100 millilitres of blood, or such other proportion as may be prescribed. (2) References in section 34B to providing a speci- men of breath shall be construed as references to providing a specimen thereof in sufficient quantity to enable a breath test to be carried out. 46.09 35.-(1) It shall not be lawful for more than one person Reitricmo on pillion in addition to the driver to be carried on any two-wheeled ~ & s motor cycle, nor shall it be lawful for any such one person to be so carried otherwise than sitting astride the cycle and on a proper seat securely fixed to the cycle behind the driver’s seat. (2) If any such person is carried on any such cycle in contravention of the provisions o€ this section, the driver of the cycle shall be guilty of an offence and shall be liable in the case of the first conviction to a penalty not exceeding two thousand dollars, and in the case of a second ~ 1 1 1 9 ~ or subsequent conviction to B penalty not exceeding four $.’. thousand dollars. 36.41) The number of trailers, if any, which may be ~ ~ ~ r i ~ t i ~ ~ drawn by a motor vehicle on a road shall not exceed such number as may be prescribed in relation to motor vehictes dmwn. of any particular class. (2) For the purposes of this section the expression “trailer” shall not include any vehicle used solely for carrying water for the purposes of the drawing vehicle or any agrjcultural vehicle not constructed to carry a load. (3) If any person causes or permits a trailer to be llhe inclusion of this page is authorizcd b?: L.N. 3i20011 48 ROAD TRAFFIC any horse, cattle, ass, mule, sheep, pig, goat or dog. of this section, he shall be guilty of an offence. (4) If any person fails to comply with the provisions 1411962 Provisions as so Lights, Reflecrors, Horns, Noise s. 2 (a). Lights 00 40.-(1) During the period specified in this section, every motor vehicle, save as in this section mentioned, shall vchlclcr carry attached theretc- (a) two similar head-lamps only (in this Act referred to as obligatory head-lamps) one on each side, so constructed and placed as to cast, wben lighted, in the direction in which it is proceeding a white light only, sufficiently clear and strong as to afford adequate means of signding the approach and position of such vehicle; and (b) a lamp on the back and on the right side thereof or the back and right side of the last vehicle attached thereto, so constructed and placed as to exhibit when lighted a red light visible from behind and also a white light sufficiently clear and strong to illuminate the letter and number of the registration plate. (2) On every motor cycle when in use on a road within the period specified in this section, one head-lamp shall be carried, so aflixed thereto as to exhibit when lighted a white light only, adequate to signal the approach and position of such motor cycle and a tail-Iamp 50 placed and in such position as to exhibit when lighted a red light visible in the reverse direction at a reasonable distance. Where a side-car is attached to or used with 5uch motor cycle an additional similar head-light shall be affixed to such side-car. (3) Every such lamp shall be lighted when the motor vehicle or motor cycle is in use on any road during the period between one half hour after sunset and one haIf hour before sunrise. ~I_ pheinclusionof thispa~iaiSavvfh0riVcdbyL.N. 95119971 ROAD TRAFFlC 49 (4) Notwithstanding anything in this section con- tained, when a motor vehicle is stationary it shall be sufficient for the same to be fitted with such parking lights as may be prescribed. (5 ) If any person fails to comply with the provisions of this section he shall be guilty of an offence. 41.-(1) No head lamp shall be used on any motor u d m t i o n of glare. vehicle unless such lamp is so constructed, fitted and main- tained that the beam of light emitted therefrom- ( U ) is permanently deflected downwards to such an extent that it is at all times incapable of dazzling any person standing on the same horizontd plane as the vehicle at a greater distance than twenty- five feet from the lamp whose eye level is not less than three feet six inches above that plane; or (b) can be deflected downwards or both downwards and to the left at the will of the driver in such manner as to render it incapable of dazzling any such person in the circumstances aforesaid; or (c) can be extinguished by the operation of a device which at the same time causes a beam of light to be emitted from the lamp which complies with paragraph (a); or (d) can be extinguished by the operation of a device which at the same time either deflects the beam of light from another lamp downwards or both downwards and to the left in such manner as to render it incapable of dazzling any such person in the circumstances aforesaid, or brings into or leaves in operation a lamp or lamps (other than the obligatory head lamps) which complies or comply with paragraph (a). [The inclusion of lha page is aulhorved by L N. 3/2001] 50 ROAD TRAFFIC (2) This section shall not apply to any lamp fitted with an electric bulb, if the power of the bulb does not exceed seven watts and the lamp is fitted with frosted glass or other material which has the effect of diffusing the light. (3) Any person who fails to comply with the provi- sions of this section shall be guilty of an offence and shall be liable on summary conviction before a Resident Magistrate to a fine not exceeding five thousand dollars. 111% s. [a 21/lm9 Rtflwm and motor 14/1%2 ’.’@). s. 2. 42.-(1) Notwithstanding anything to the contrary carri- ages and motor vehicles shall carry such reflectors affixed in such manner as may be prescribed and different types of reflectors may be prescribed for different classes of carriages or motor vehicles. (2) If any person fails to comply with the provisions of this section he shall be guilty of an offence and shall bs liable on summary conviction before a Resident Magistrate to a fine not exceeding two thousand dollars. (3) For the purposes of this section “carriages” in- cludes carts, waggons, drays, wheeled carriages of every description, bicycies, tricycles and other similar machines. on camages vehicles. s.10. s. 21i’999 2. Warning device and prohibition Of U N W S O n - able noise 43.-(1) Every motor vehicle shall have attached there- to a horn or other instrument of a type approved by the Island Traffic Authority capable of giving audible and sufficient warning of the approach and position of the vehicle and such horn or other instrumen,t shall be sounded only whenever it shall be reasonably necessary to notify pedestrians or others of the approach of the vehicle. (2) A person having the control or charge of a motor vehicle shall not sound any horn or such other instrument so as to make an unreasonable noise and any such person shall not pamit any unreasonable amount of smoke to escape from the said vehicle nor shall any such W e inclusion oE this page is authorized by L N. 312WIl ROAR TRAFFZC seat, a rear seat and any other seat, all the seats shall be equipped with seat belts. 52.01 (4) A person who us= a motor vehicle on any road in contravention of subsection (1) or (3) commits an offence and is liable on summary conviotion before a Resident Magistrate- (a) in the case of a first offence, to a fine not exceeding two thousand dollars; (b ) in the case of a second or subsequent offence, to a fine not exceeding five thousand dollars. 43B.-(1) Subjeot to subsection (2), every person who, on FZa- any road- vehicles to wbar acat s. 2. (a) drives a motor vehicle specified in paragraph (b), (c), ( d ) or (f, of section 1 1 0 ) ; (6) rides in a motor vehicle specified in paragraph (c) (d) or (f, of section 1 1 W ; (c) rides in the front seat of- (i) a truck as specified in paragraph (6) of d o n l l ( 1 ) ; (ii) a stage carriage as specified in paragraph (a) of section 60W; (iii) an express carriage as specified in paragraph ( 6 ) of section 60(1), shall woar a seat belt Fhe inclusion of thir page is ahorized by LN. 312001] 52.02 ROAD TRAFFIC (2) Subsection (1) shall not apply to- (4 a child who wears or is conveyed in a child restraint sY*; (b) a driver of a motor vehicle while performing a manoeuvre which includes reversing; (4 any person who holds a valid certificate of exemp- tion prescribed by the Minister and signed by a registered medical practitioner as defined under section 2 of the Medical Act; (4 a person riding in a vehicle while it is being used for fire brigade or police puqmar; (e) a person driving or riding in a vehicle constructed or adapted for the delivery of goods or maii to consumers or premises, as the case may be, while engaged in the delivery to. or collection of such gods or mail from, consumers or premises, not further than sixty metres from each other. (3) A penson who drives or rides in a motor vehicle in contravention of the provisions of this section commits an offence and is liable on summary conviotion before a Resident Magistrate- (u) in the case of a first offence, to a fine not exceeding two thousand dollars; (b) in the case of a second or subsequent offence, to a fine not exceeding five thousand dollars. ahild in m m r *&bO WtarChIld restraint appropriate child restraint system. a m . 13/1999 s. 2. 43C.-(1) Every driver of a mdor vehicle which conveys a child shall cause such child to wear or be conveyed in an mhhe inclusion of fhir page is authorized by L.N. 312WII ROAD TRAFFIC 52.03 (21 A driver who contravenes sulbsection (1) corn- mits an offence and is liable on summary conviction before a Resident Magistrate to a fine not exceeding five thousand dollars. 43D.41) Every person shall, at all times while driving, ~ m m i v c helmo(a. s. 2. or riding on, a motor cycle, wear a protective helmet of the 13/1999 prescribed shape, quality, construction or standard. (2) A person who contravenes subsection (1) corn- mits an offence and shall be liable on summary conviction before a Resident Magistrate- (U) in the case of a first offence, to a fine not exceeding two thousand doliars; (b) in the case of a second or subsequent offence, to a fine not exceeding five thousand dollars. 44. The Island Traffic Authority may by notice pub- lished in the Gazette and in one newspaper of the Island declare that from and after a date to be fixed by such notice no horn or other warning device shall be sounded during such hours, or at or wilthin such place or area of any urban area as may be specified in the notice and any person who aots in contravention of any such notice shall 12/1984 be guilty of an offence and shall be liable on conviction 2111999 ZOMI. s 12. s. 2. thereof to a penalty not exceeding four thousand dollars. rThe inclusion of this page is authorized by L.N. 3/2001] 54 ROAD TRAFFIC issued under this Act, gives or lends the same to any other person; or (c) without the permission of the owner or person in charge thereof, climbs upon or into or swings upon any motor vehicle, whether the same is in motion or stationary, sounds any horn or other signalling device, or attempts to manipulate any of the levers, the starter, brakes or machinery thereof or in any manner damages, interferes or tampers with a motor vehicle or puts in motion the engine thereof, while it is standing; or (d) having the care of a motor vehicle for the owner or person in charge thereof, receives directly or indirectly any consideration for the purchase from any other person of supplies or parts for such motor vehicle or for work performed thereon by any other person and any person furnishiig such supplies or parts or doing any work in con- nection therewitb, who gives or offers to give such person having such care of such motor vehicle directly or indirectly any valuable consideration; or (e) throws any object at a motor vehicle or trailer or at any person in or on such motor vehicle or trailer or places any object in any road whereby injury or damage to any motor vehicle or trailer may be occasioned; or V, uses any spotlight on a motor vehicle on a road or public place in any town or village, or when another approaching vehicle is in sight, except for providing light for effecting repairs; or (g) uses or drives or permits to be used or driven any motor vehicle on a road in such defective condi- tion as regards its mechanical fittings or otherwise [The inclosmn of this page is authorized by L N . 312Wll @) ®” ® 0) ROAD TRAFFIC as to be a source of danger to its occupants or the public; or neglects when engaging or permitting any person to drive a motor vehicle to ascertain the correct name and place of residence of such person, at the time of such engagement or the granting of such permission and to keep a record thereof; or being the owner of a motor vehicle refuses on the request of any constable— {i) to give the name and address of the driver thereof, such driver having been authorized by such owner to drive the said motor vehicle, and Gi) to give all such information in his possession as would assist in the discovery or identity of the driver; or being a passenger in any motor vehicle reasonably suspected to be a vehicle conveying passengers for hire or reward without being duly licensed as a public passenger vehicle in its appropriate class, on being so required by a constable refuses to give a statement as respects his presence in such vehicle and as to whether he is being conveyed for hire or reward; or holds on to a moving motor vehicle for the purpose of being towed; or operates a motor vehicle or trailer or any part of the vehicle or trailer that is transmitting to the road, weight in excess of the prescribed maximum laden weight, shall be guilty of an offence. {The Inciustoa of this page It authorized by L.N. 1804/2006] 20/2005 8. 2(a) Wai 55 56 . ROAD TRAFFIC yes (2) Any person who contravenes the provisions of subsection (1) shall be liable on conviction before a Resident Magistrate— (a) in respect of an offence under paragraph (a) or (5) of that subsection, to imprisonment for a term not 9/998 exceeding six months or to a penalty not exceeding 5.8. one hundred thousand dollars or to both such im- 5 20x8. prisonment and penalty; and o”1998 (4) in respect of an offence under paragraph (¢) of that 8.8 subsection, to a penalty not exceeding twenty-five thousand dollars; 20/2005 ({c) in respect of an offence under paragraph (/) of that 8. 2(b)Gii). subsection, to the penalty prescribed in the Third Schedule in relation to the weight in excess of the prescribed maximum laden weight of the vehicle or trailer concerned. Particularsof 47. The particulars of every conviction for an offence under convictions to tefumishea ‘his Act shall be furnished by the Registrar of the Supreme to Traffic Court, if the conviction is recorded in the Supreme Court at Autores | Kingston, by the Clerk of the Circuit Court, if the conviction is Drivers’ tecorded in a Circuit Court, or by the Clerk of the Courts for the pirenoes parish if the conviction is recorded in a court of summary jurisdiction, to the Island Traffic Authority and to the Traffic Area Authority in whose traffic area the offender is convicted, who shall enter the particulars of such conviction in a book to be called the “Drivers’ Offences Book”. Such entry shall contain the name of the offender, the number of his licence and the licensing area in which such offender was granted his licence and shall be duly indexed. [The incluston of this page is authorized by L.N. 180A/2006| ROAD TRAFFIC (a) requires the person in charge of a vehicle to allow the vehicle or any trailer drawn thereby to be weighed; {5) requires that goods be removed from the vehicle or trailer under subsection (2); and (c) in accordance with the provisions of this section, stores, sells or otherwise disposes of any goods removed from a vehicle or trailer under subsection (2). (2) Where the weight of a vehicle or trailer or any part of the vehicle or trailer weighed under section 50 is found to be above the prescribed maximum laden weight, and goods are accordingly required to be removed therefrom, the person in charge of the vehicle shall ensure that— (a) the goods are not placed or allowed to remain in a manner that causes or is likely to cause an obstruction to traffic or danger to any person on any road; (5) the goods are removed from the road within twenty- four hours after the vehicle or trailer is found to have exceeded the prescribed maximum laden weight; and (c) before the continuation of any journey, the weight of the vehicle or trailer is within the prescribed limit. (3) The Island Traffic Authority shall remove and store, in such manner as may be prescribed, any goods which are not the removal, storage or disposal of any goods by the Island Traffic Authority. (4) The owner of a vehicle from which goods are required to be removed shall be liable for any costs incurred in the removal, storage or disposal of any goods by the Island Traffic Authority. [The inclusion of this page Is authorized by L.N. 1804/2006] 58.01 58.02 ROAD TRAFFIC (5) Subject to subsection (6), the Island Traffic Authority may, seven days after goods are removed and stored under subsection (3), dispose of the goods by sale or such other manner as it thinks fit. (6) Where the goods removed are perishable, the Island Traffic Authority may sell or otherwise dispose of them before seven days. (7) Where the person or constable authorized under section 50 orders that goods be removed from a vehicle or any trailer drawn thereby, he shall give to the person in charge of the vehicle or trailer a certificate of weighing in the prescribed form indicating— (a) the date and time by which the goods must be removed from the road; (5) the location of the storage area to which the goods will be taken in the event that the goods remain on the road beyond twelve hours; ({c) the weight and description of the goods removed from the vehicle or trailer, (@) the current rates for the removal, storage and disposal of goods; (e) that the vehicle or trailer is within the prescribed maximum laden weight; ( that he is satisfied that the removed goods are so placed that they are unlikely to obstruct traffic or be a danger to any person. [The inclusion of this page is authorized by L.N. 1804/2006] ROAD TRAFFIC (8) Where the person in charge of the vehicle or trailer is not the owner of the goods removed, he shall provide the name of the owner of the goods to the person or constable authorized to require the removal of the goods. (9) The person in charge of a vehicle who is found to be in breach of section 50 shall not proceed on the journey unless he has been issued with the certificate of weighing. (10) In this section “goods” includes materials, produce, livestock, equipment or any other article. 50B.—(1) The owner of any goods removed from a vehicle or trailer under section A— (a) may, within seven days of the removal, claim the goods from the storage area specified in the certificate; and (5) shall be given the goods upon payment of the removal and storage fees (if any). (2) Where goods are sold in accordance with this Act, the Island Traffic Authority shall pay to the owner of the goods the proceeds of the sale of the goods less the respective costs of removal, storage or disposal. (3) The Island Traffic Authority: may recover in any court of competent jurisdiction, by way of an action for debt, any money owing to it in respect of removal, storage and disposal of the goods. (4) Where funds are not recovered by the owner within 28 days of disposal of the goods, the Island Traffic Authority shall cause to be published in the Gazette and a daily newspaper, the name of the owner of the goods, the purpose for which the name is published and how the funds may be recovered. [The inclusion of thx page is authorized by L.N. 1804/2006] 38.03 Disposal of goods, payment of proceeds, etc. 20/2005 S.4. M) ROAD TRAFFIC (c) in respect of an offence under paragraph (c) of subsection (l), to a line not exceeding five thou- sand dollars; (d) in respect of an offence under paragraph (d) of subsection (I), to a fine not exceeding five thou- sand dollars; (e) in respect of an offence under paragraph (e) of subsection (I), to a fine not exceeding five thou- sand dollam; (f, in respect of an offence under paragraph ( f ) of subsection (I), to a fine not exceeding five thou- sand dollars; (g) in respect of an offence under paragraph (h) of subsection (11, to a fine not exceeding five thou- sand dollars. 52.-(1) No person shall ride on the running board, wings or fenders of a motor vehicle or on the outside of the vehicle except in a properly constructed seat. (2) Any person who acts in contravention of the provisions of this section shall be guilty of an offence and shall be liable on summary conviction before a Resident Magistrate t,o a fine not exceeding two thousand dollars. 53.-(1) A motor vehicle when not in motion- (a) shall be placed with its near side as close to the left of the roadway as possible or in such position BS may be indicated by any constable or by notice exhibited by a Traffic Area Authority; (b) shall not be placed or allowed to remain in such a position (is to obstruct or be likely to obstruct traffic. (2) The driver of a motor vehicle shall not leave the motor vehicle unattended without having stopped the engine and taken due precautions against its being moved or moving in his absence. [The incliisioo of this page i g authorized by L.N. 3:ZuOll 21/1999 s. 2. 2111999 s. 2. 2111999 s. 7. 2[/199Y s.1. 2IIIYYY s. 2. Riding on outside of motor "ehida 111993 s. 10. 21/l ,YYY s. 2. Stationary S.'ISIa) ROAD TRAFFIC (3) It shall not be lawful to pour any petrol or other fuel into any tank of a motor vehicle or into any receptacle in or on a motor vehicle while the engine is running, or when any light, other than an electric light is alight in or on the motor vehicle. 61 (4) Any person who- 12/1984 S. 1S(bh (a) acts in contravention of paragraph (U) of subsection (1) shall be guilty of an offence and shall be liable on conviction thereof to a penalty not exceeding (b) acts in contravention of paragraph (b) of subsection (1) or subsection (3E, shall be guilty of an offence and shall be liable on conviction thereof to a pen- dty not exceeding five thousand dollars; (c) acts in contravention of subsection (2), shall be guilty of an offence and shall be liable on con- viction thereof to a penalty not exceeding two 21(1999 thousand dollars. s. 2. two thousand dollars; 21/1999 5.2. 21/1999 a.2. 54.-(1) Rules may be made by the Kingston and St. P n r b o f motor Andrew Corporation or a Parish Council, at the request v~iclcr. of the Island Traffic Authority, prohibiting, restricting or regulating the parking of motor vehicles in my road, street 14/i%z or public place and, without prejudice to the generality of '' 4. the foregoing, such rules may, subject to approval by the Minister responsible for local government, provide for the imposition of charges in respect of vehicles left in any such road, street or public place, and may prescribe the method of collection of such charges whether by the insertion of coins in an apparatus provided for the purpose (hereinafter 27/1911 S 3 b l referred to as a parking meter) or otherwise. (2) The exercise by a local authority of their n/im s 3 w . functions under this section shall not render the authority subject to any liability in respect of the loss of or damage [The inclusion of this page is au,thorired by L.N. 3/ZOOI] 62 ROAD TRAFFIC Offenoer relating to parking places on highwars where charger made 27/1!271 s. 4. 12/1984 S 1 6 W . 211'1999 s. 2. to any vehicle in a parking place or the contents or fittings of any such vehicle. (3) Where provision is made for the use of parking meters, it shall be the duty of the local authority to take the prescribed steps for the periodical inspection of the melers and for dealing with any found to be out of order, and for securing the testing of the meters (both before they are brought into use and not less frequently thereafter than may be prescribed or on other prescribed occasions) and for recording in the prescribed manner the date on which, and the person by whom, a meter has been tested. 55.--(1) A person who- (a) being the driver of a vehicle, leaves the vehicle io a parking place designated by rules under section 54, otherwise than as authorized by such rules or fails duly to pay any charge payable pursuant to such rules or contravenes or fails to comply with any provision of such rules relating to the parking place as to the manner in which vehicIes shall stand in, or be driven into or out of, the parking place; or (6) whether being the driver of a vehicle or not, other- wise contravenes or fails to comply with the provisions of such rules, shall be guilty of an offence and shall be liable on conviction thereof to a penalty not exceeding five hundred dollars. (2) In relation to an offence under paragraph (U) of subsection (1) of failing duly to pay any charge payable pursuant to rules made under section 54, the reference in the said paragraph (a) to the driver of a vehicle shall be construed as a reference to the person driving the vehicle at the time it was left in the parking place. Whe inclusion of thir page is au!hori;ed by L.N. 3/2001) ROAD TRAFFIC 6S (6) Any person who acts in contravention of or fails to comply with any of the provisions of subsections (I) , (3) and (S), or with regulations made under subsection (41, shall be guilty of an offence and shall be liable on summary con- 1/1993 viction before a Resident Magistrate to a fine not exceeding s. 10. 21 / 1999 s. 2. two thousand dollars. 58. The driver of a motor vehicle shall obey all directions signalr by whether verbal or by signal given by a constable in the z2gzk execution of his duty to stop the vehicle or to make i t slow down or to pass on any indicated side of the constable or to keep to any indicated line of traffic and any person who fails to obey any such direction shall be guilty of an offence and shall be liable on summary conviction before a Resident ;!:9’ Magistrate to a fine not exceeding five thousand dollars. ;,14.1999 Regulations pose for which regulations may be made under this Part and Part, and generally as to the use of motor vehicks and trailers on roads, their construction and equipment, and the conditions under which they may be so used and otherwise for the purpose of carrying this Part into effect, and in particular, but without prejudice to the generality of the foregoing provisions, may make regulations in respect to any of the following matters- (a) appointing and defining the limits of traffic areas and licensing areas; (15) the width, height and length of motor vehicles and trailers and the load carried thereby, the overhang of body over chassis, the diameter of wheels, and 59.-(1) The Minister may make regulations for any pur- Mini- m y mate for prescribing anything which may be prescribed under this S. 6/1995 3(,x - [The iodusion of this page is authorized by L.N. 3/2001] 66 ROAD TRAFFIC the width, nature and condition of tyres, of motor vehicles and trailers; (c9 the consumption of smoke and the emission of visible vapour, sparks, ashes and grit; (d) excessive noise owing to the design or condition of the vehicle or the loading thereof; (e) the maximum weight unladen of motor tractors and trucks and the maximum weight laden of all motor vehicles and trailers and the maximum weight to be transmitted to the road by a motor vehicle or trailer of any class or description or by any part or parts of such a motor vehicle or trailer in contact with the road and the conditions under which the weights may be required to be tested; ( f ) prohibiting the use of a motor vehicle or trailer of any class or description on any road or part of a road or on any bridge or culvert; l,g) restricting the use of a motor vehicle or trailer of any class or description on any road or part of a road, bridge or culvert, the weight either laden or unladen, the type of tyres and fittings to be used and dimensions measured over all including the load, and may vary such restrictions from time to time according to the season of the year OT with reference to wet or dry periods: (h) the preparation of framing and placing of noties on or in connection with, or with respect to, any road, bridge or culvert, by the road authority dealing with the type of tyre to be used on any such road, bridge or culvert, or the p’he iaclnsion of this page is authorized by L.N. 3/2001] ROAD TRAFFIC total weight and dimensions measured over all with load, of the motor vehicle or trailer or of the iiiotor vehicle or trailer using such road, culvert or bridge, or preventing or restricting permanently or temporarily, any particular class or kind of motor vehicle from using or proceeding along such road. culvert or bridge; ( i ) the particulars to be marked on motor vciiiclcs and trailers; ( j ) the towing of or drawing of \:ehicles by motor vehicles; (k) the number and nature of brakes and for securing that brakes, silencers and steering gear shall be efficient and kept in proper working order, and for empowering any officer or servant of a Traffic Area Authority to stop, test and inspect, on a road or, subject to the consent of the owner of the premises to test and inspect on any premises whsr:: the vehicle is, any such brakes, silencers, or steering gear; (0 the forms to be used for the purposes of this Part; 67 (m) applications for licences or registration and the licensing or registration of motor vehicles and trailers and for the examination thereof either for licensing or registration purposes, or as to mechan- ical fitness or fitness to be driven on a road an8 the issue of documents of registration and title and ?0/1964 certificates of fitness and for determining and rc- =;I987 S. 6 (a), (b). plating generally the size, shape and character of s.2(a)@l such documents, certificates, licences, licence holders and registration plates to be used and any fee payable therefor and the manner in which they are to be displayed and rendered easily distinguish- able either by night or day; - m e iaclusion of this page is a u t h o r i d by L.N. 42/19951 70 ROAD TRAFFIC 261 1%8 (iii) in such other circumstances as he may 6:I995 (2) Where, pursuant to subsection (11, regulations s'3(b)' are made with respect to sections 34A to 34D, those fegu- lations shall be subject to affirmative resolution. prescribe. S 3 (b). The Points System Assign- S9A.--(1) Subject to subsection (2), where any person is convicted of an offence specified in the Second Schedule, conv1c- the court before which that person is convicted shall, in addi- m a i n tion to any penalty for that offence, order- Second (a) that the demerit points specified in that Schedule in relation to that offence be recorded against any S. 6. licence held by that person; and (b) that the person be disqualified in accordance with subsection (4). (2) Subsection (1) shall not apply if the penalty imposed by the court on the person convicted of the offence referred to in that subsection includes an order disqualifying that person for holding or obtaining a driver's licence. (3) Where a person is served with a prescribed notice under section 116 in respect of an offence to which that section relates and pays a fixed penalty in accordance with that section- (4 the number of demerit points specified in the Second Schedule shall be recorded against any licence held by that person; and (b) the officer in charge of the Police Traffic Division shall record in respect of that person- (i) details of the offence committed; (ii) the date on which the fixed penalty was paid; (iii) the number of demerit points specified in the Second Schedule in relation to that offence; and ment of lion for offences. Schedule. 111993 on -__ IThe inclusion of this page is authorized by L.N. 951 1 9 ~ ROAD TRAFFiC (iv) as of that date, the total number of de- merit points recorded against the licence of that person, and thereafter shall forward the information recorded to the Island TraRc Authority. (4) Where the demerit points accumulated by a (a) ten or more but less than fourteen, that person shall be disqualified for holding or obtaining a driver’s licence for a period of six months; (b) fourteen or more but less than twenty, that person shall be disqualified for holding or obtaining a driver’s licence for a period of one year; (c) twenty or more. that person shall be disqualified for holding or obtaining a driver’s licence for a period of two years. (5) The Island Trafic Authority shall certify to the Licensing Authority the number of demerit points recorded against a person’s licence. person total- 71 59B. Where demerit points have been recorded against a Erpunge- person’s licence under section 59A, and for a period of three ment demerit of years after the date of the latest recording of such demerit 2 5 points no further demerit Doints are recorded against his three years. as aforesaid. the demerit points recorded a-gainst that per- son’s licence shall he expunged from the records : licence then upon the expiration of the period of three years S. 111993 6. Provided that in calculating the period of three years. no account shall be taken of any period of disqualification pursuant to section 59A (4). of the licence of that person or any period of disqualification by virtue of an order of the court under any other provision of this Act, - _ ~__ F e inc1us:on o f this page is authorized by L.N. 42j1995J 72 ROAD TRAFFIC 59C.-(1) The Minister may from time to time by order amend the Second Schedule when, in his discretion, it is desirable so to do. (2) Every order under subsection (1) shall be published- (a) in the Gazette; end (6) in a daily newspaper printed and circulated in for a period of not less than seven days before the coming into force of the order. (3) Every order under this section shall be subject to negative resolution. Jamaica, PART 111. Regulation of Public Passenger Vchicles and Road Licences 60.-(1) Public passenger vehicles shall, for the purposes of this Part and the regulations made thereunder, be divided into the .following classes- (U) stage carriages; that is to say, motor vehicles carry- ing passengers for hire or reward at separate fares (any or all of which are less than tea cents for a single journey or such sum as may be prescribed), stage by stage, end stopping to pick up or set down passensem along the line of route, and m y other motor vehicles carrying passengers for hire or reward at separate fares and not being express carriages or hackney carriages as herein- after defined; (b) express carriages; that is to say, motor vehicles not being hackney carriages as hereinafter defined carrying passengers for hire or reward at separate fares (none of which is less than ten cents for a single journey or such sum as may be prescribed) and for a journey or journeys from one or more (The inclusion of this page is authorized by L.N. 42!1!%51 Changes in the demerit point system by the Miniiter. Second Sohedulc. 111993 S. 6. Claaifica- iion of public pasmgcr vebides ROAD TRAFFIC not being the holder of the licence in respect of the vehicle or a person acting on behalf of the holder of such a licence or a person who receives any remuneration in respect of those arrangements; (b) the journey must be made without previous adver- tisement to the public of the arrangements there for; (c) all the passengers must, in the case of a journey to a particular destination, be carried to, or to the vicinity of, that destination, or, in the case of a tour, be carried for the greater part of the journey; (4 no differentiation of fares for the journey on the basis of distance or of time must be made; (e) in the case of a journey to a particular destination the passengers must not include any person who, frequently, or as a matter of routine, travels, at or about the time of day at which the journey is made, to that destination from a place from or through which the journey is made. Road Licences for Public Passenger Vehicles 61.--41) Subject to the provisions of subsection (6), no Road licences for person shall use or cause or permit a motor vehicle to be used on public any road as a public passenger vehicle unless he is the holder of passenger vehicles. a licence (in this Act referred to as a "road licence" or "an 31,1,,3 emergency road licence") to use it as a vehicle of that class in s . 2 ~ accordance with the provisions of this Part: [The inclusion of this page la authorized by L.N. 180A/20061 74.02 ROAD TRAFFIC Provided that- a person who is the holder of a road licence to use a vehicle as a stage carriage or route taxi may use it as a contract carriage or, as an express carriage, and a person who is the holder of a road licence to use a vehicle as an express carriage may use it as a contract carriage subject to any conditions attached to the licence; and in the case of a service of stage carriages a vehicle licensed under a road licence as an express carriage may be used on the service if the Traf£ic Area Authority of each of the traffic areas in which the vehicle is to be so used think that it may in any special circumstances, including the character of the service, properly be so used and consent in writing thereto. 3411976 S. qb). (2) Application for a road licence or an emergency road l i c e n c e I shall be made to the Licensing Authority in the licensing area within or from which the vehicle is intended to be ordinarily operated; if the application is for a licence to operate a stage carriage or an express carriage on a route which lies in more than one licensing area- (i) shall be made to the Licensing Authority for the licensing area in which the route is, under sub-paragraph (ii), certified to origin- ate; and (The lncluslon of this page Is authorized by L.N. 180.4120061 ROAD TRAFFIC (ii) shall be accompanied by a certificate fiom the Island Traffic Authority certifjring, for the purposes of the application, the licensing area in which the route, in the opinion of the Island Traffic Authority, originates. (3) A road licence issued under this Act shall, sub- ject to the provisions of this Act, continue in force- (a) in the case of a road licence to use a vehicle as a stage carriage or as an express carriage, fiom the date thereof until the third anniversary of the next succeeding 3 1 st day of March; and (b) in the case of any other road licence, from the date thereof until the next succeeding 31st day of March, and there shall be charged, levied and paid in full at the time of the issue of any road licence the relevant duty at the rate specified in the First Schedule: First Schedule. Provided that every road licence issued under the provisions of this Act immediately preceding the 1st day of April in any year shall bear date the 1st day of April next ensuing. C (4) A road licence may be reksed or, if it has already been granted, may at any time be suspended or revoked by the Licensing Authority by whom it was granted if that Licensing Authority is satisfied that having regard to the conduct of the 34/1976 - - applicant or holder of the licence or to the manner in which the S.4(ch vehicle is being used, he is not a fit person to hold such a licence. (The ineluslon of this page i s authorized by L.N. 180A120061