road traffic act_1

8/11/2019 Road Traffic Act_1

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ROAD TRAFFIC

THE ROAD TRAFFIC ACT

ARRANGEMENT OFSECTIONS

PART I. Preliminan;

1. Short title.

2. Intelpretation. 3. Establishment of Road Traffic Control Authority and branchesthereof.

4. Delegationof function s by Traffic Au thoritics.5 . Duties of Island TI.affic and Traffic Area Authorities.6. [RepealedhyAct 13 of lY87.j7. Delegationof function s by Liccn sing Authority.8. Valid@ of proceedings of Island Traffic Authority, Trafic Arca

Authorities and L icensing Authoritics.

PART 11. Regulation ofMolor Vehicles

9. Applicationof this Part.10. Certificateof fitness.11. Classific ation ofmotor veluclcs.

Licensing and Registrationo Motor Vehicles

12. Licence dutieson 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 Maintenanc c Fund.

1.icence.s o f j k i v e r s

16. Drivers Liccnccs rcquircd.17. Licensing of drivers.18. Prerequisiteso the p n t of a drivcrs liccncc.19. Disqualifications or obtaining a dn vcrs liccncc.

19A. Grounds for fefusal or canccllationof drivcrs liccnccs

[The inclusion of this page i s authorized by L.N. 88/20031
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211.

21.2 2 .

23 .

2-1.25 .

26.

2 7 .

28 .

29 .

30.31.

32 .

33 .

34.3JA.

3-18,34C.

RJD.3JE .34F.

34G.

35.3 6 .

3 7 .

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 n ~ o i i i i e ~ t i o i iherew.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 cliargcfor 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 i flucncc 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.
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ROAD TRAFFlC

PART V. 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 ths Part. 94. Regulation of bicycle racing on roads.95. Issue by Island Traffic uthority 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 s i g n s to be obeyed

mhhe inchsion of this page is authorized by L.N. 951 19971
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6 R O A D TRAFFlC

103. Power to declare roads, principal roads.104. Relating to drovers.

105. Power of Road Authority temporarily to prohibit or restrictt 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 IlI. Special Powers of Enforcementm d AdministrationTr&c Tickets

116. Punishment without prosecution of offences in connection withlights, reflectors, oktruction. etc.

Trafie W d e m117. 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
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RO D TR FFIC 7

THE ROAD TRAFFIC ACT ap 346.Laws

23 of1953,31 of1953,

5 of 1954,16 of 1956,30 of1956,

23 of1957,6 011959,

15 of1960,20 of 1960,11 of l l,14 of 1962.

Ada7 of 1963,

17 of1963,5 of l 4,

20 011964,15 of1967,

P RT I Preliminary1 This Act may be cited as the.Road Trac Act. short title.

2 In this Act-Interpretation

area means the area from time to time prescribed as atraffic, or as a licensing area, and the expressionstraffic area and licensing area shall be construed

accordingly;

chauffeur means a person who drives a motor vehicle andreceives compensation therefor;


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RO D TR FFIC

limiting the mobility of the body of the child, being adevice o r combination of devices which-

a) is designed either to be fixed directly to asuitable anchorage or to be used inconjunction with an adult seat belt and held inplace by the restraining action of that belt; or

(b) is fitted in the vehicle by the manufacturer andis of a type which complies with suchstandards as may be prescribed by the

Minister by regulations in respect of theshape, quality, construction, installation andassembly of seat belts and other safety beltassemblies and anchorage and child restraintsystems;

driver where a separate person acts as steersman o f amotor vehicle, includes that person as well as any otherperson engaged in the driving of the vehicle, and theexpression drive shall be construed accordingly;

fares includes sums payable in respect of a contract ticketo r a season ticket;

1311999 front seat in relation to a motor vehicle, means a seatS 2

which is wholly or partially in the front of the vehicle;


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R O A D TRAFFlC

motor vehicle means any mechanically propelledvehicle intended or adapted for use on roads;

owner means the person for the time k i n g in whosename any motor vehicle or trailer is registered;

prescriM means prescribed by regulations;rear seat in relation to a motor vehicle, means a 3 , 1 5 9 9

seat which is wholly or partially in the rear ofthe vehicle;

fi xed to the structure of a motor vehicle by appro-priate means and a seat belt for which at leastone anchomge p i n t is located on the structureof the seat;

Road Authority in relation to any road means the L.N.authority (being the Chief Technical Director orthe Council of the Kingston and St. Andrew

Corporation or a Superintendent of Parochial 6/19S9

to be a Road Authority pursuant to the provisionsof subsection 12) 1 responsible for the maintenanceof the road;

bridges over which a road passes, and any road-way to which the public are granted access and anyroadway declared to be a road pursuant to theprovisions of subsection (2);

straps with a securing buckle, adjusting deviaxand an attachment which is anchored at a pointto the structure of the seat of a motor vehicleby appropriate means and is designed to diminishthe risk of injury to its wearer, in the event ofcollision or of abrupt deceleration of the vehicle,by limiting the mobility of the body of the wearer;

restraint system means a system combining a seat i34f999

96411959.

Roads and Works or any other person declared s. xrx

road means any main or parochial road and includes .gz.

seat belt means any arrangement or assembly of ;&,I599

[The inclusion of this page is authorized by L N. 3120011


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ID R O A D TRAFFlC

trolley vehicle means a mechanically propelledvehicle adapted for use upon roads without rails

and moved by power transmitted thereto fromsome external source.(2) The Minister may by order declare any roadway

to be a road for the purposes of this Act, and such ordermay declare any person to be the Road Authority for thepurposes of this Act in relation to the roadway s@din the order.

(3) Every motor vehicle shall be deemed for m ypurpose, to be a carriage within the meaning of any Actof this Island and of any rules, regulations or by-lawsmade under any Act of this Island, and if used as a Carriageof any particular class shall be deemed to be a arrwof that class, and the Act relating to carriages of that classshall apply accordingly.

E*bji&- 3.-(1) There shall be established at Kingston a RoadRoadTraffic Traffic Control Authority (in this Act referred to as theControlutbor i ty Island Traffic Authority?.

(2) The Island Traffic Authority shall be the Chiefulcnor. Technical Director, the Commissioner of Police and one

other member appointed by the Minister, two to form aquorum, and there shall be attached to the Authority such

officers and servants as the Governor-General shall fromtime to time appoint.(3) The Island TrafEc Authority shall have the

general control of road traffic in the Island and shall bealso the Traffic Area Authority for the W c rea inwhich is included the Corporate Area as dehed by theKingston and St. Andrew Corporation Act.

(4) A person appointed an officer or servant byvirtue of subsection (2) shall receive such salary as maybe provided in the estimates of the Island and shall performsuch duties as the Island Tr&c Authority shall assign.

611959s. UCY

men1 of

andbranched

LN.233964

[The inclusion of &is page is authorized by L;N. /2001]


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ROAD TRAFFIC 11

5 ) There shall be established, in such traffic areas of the

Island as may be prescribed, a branch of the Island TrafficAuthority (in this Act referred to as the Traffic AreaAuthority) under a Superintendent of Public Works, aSuperintendent or Assistant Superintendentof Police and oneother member app ointed by the M inister, two to form a quorum ,and there shall be attached to the Traffic Area Authority suchofficers and servan ts as the Governor-General shall from timetotime appoint.

(6) A Traffic Area Authority shall in relation to roadtraffic control within its area be subject to the general or specialdirections of the Island Traffic Authority, and a personappointed an officer or servant by virtue of subsection5 ) shallreceive such salary as may be provided in the estimatesof theIsland and shall perform such duties as the Island TrafficAuthority shall assign.

4.--(1) The Island Traffic Authority or any Trafic Area 1)cicgationAuthority may for the purpose of the due discharge of its~ ~~~~~~hn ctio ns under this Act, delegate any of those h nc tion s to anyAuthoritio\officer o r servant of or attached to either of these Authorities o rto such private entity or person as the Island Traffic Authorityi4/2002may f iom time to time designate.

20119602 a)

s 2

(2) A delegation under this section may be madeinrespect of any particular matter o r class o f matters or generallyor may be limited to any part of the Island and may be madesubject to such terms and conditions a s the delegating Authoritythinks fit.

(3) A delegation under this section-

a) may at any time be revoked by the delegatingAuthority;

( h ) while in farce shall not prevent the discharge by thedelegating Authority of any function therebydelegated.


12/165

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 aTraffic Area Authority, in accordance with the provisions of thisAct-

Island Traffic

Authorities.

a ) to regulate and control tr af ic on roads;

h ) to inspect fiom time to time all motor vehicles;

c ) to test applicants for drivers' licences as to theircompetence to drive and, in the case of chauffeurs, asto their mechanical knowledge and to grant thenecessary 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 allaccidents on roads which result in death or injury topersons, and as far as practicable the causes attributedto such accidents;

(h ) to keep a Drivers' Offences Book;

i) to enforce the provisions of this Act and of regulations

made thereunder.

6 . [Repealedby Act 13 qf 1987.1

Delegation of

.Authorit .

7.-+1) A Licensing Authority may for the purpose of the duedischarge of its fbnctions under this Act delegate any of thosehnctions to a Collector of Taxes or any other public officer.

hnctions byLicensing

20 1960S. Z(b).

(2) A delegation under this section may be made inrespect of any particular matter or class of matters or

[The iii liisioii of 1111s pace IS nuthoiized b\ L N 200.71


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R O A D TRAFFIC

generally or may be limited to any part of the licensingarea of the delegating Authority and may be made subjectto such terms and conditions as the delegating Authoritythinks fit.

13

(3) A delegation under this section-

0 ) may at any time be revoked by the delegating

Authority;

(b) while in force shall not prevent the discharge bythe delegating Authority of any function therebydelegated.

8. The validity of any proceedings of the Island Traffic Vslidily.ofAuthority, any TrafEic Area Authority or any LicensingAuthority shall not be affected by any vacancy amongst zp&,the members thereof or by any defect in the appointment Fue,&zof a member thereof.

PARTI. Regulation of Motor Vehicles

9. This Part shall apply to all motor vehicles and to A fi-ti-vehicles (in this Act referred to as trailers? drawn by Pan.motor vehicles:

of%

Provided that the provisions of this Part, other thansections 16 to 25, both inclusive, and sections 27, 32, 34and 39 shall not apply to trolley vehicles, the use of which

IThc inclusion of this page i s authorized by L.N. 7/19RRl


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14 ROAD TRAFFIC

Certificateof fimesa

is authorized or regulated by a special Act, unless the specialAct so provides.

1 0 . 4 1 ) A motor vehicle shall not be used on a roadunless there has been issued in respect of the vehicle, andprior to the licensing of the vehicle, by a Traffic AreaAuthority, a certificate (in this Act referred to as acertificate of fitness) that the prescribed conditions asto fitness are fulfilled in respect of the vehicle, and suchcertificate is in force in respect of the vehicle:

20/1%4 Provided that the prescribed fee shall be payable for as. 2.certificate of fitness.

(2) A motor vehicle lioence of any class shall notbe refused on the ground that the construction or fixedequipment of the vehicle is not suitable if a certificate offitness as a vehicle of that class has been issued and is inforce in respect of the vehicle.

(3) A Traffic Area Authority may at any timerevoke a certificate of fitness issued by the Authority, andif on the inspection of a motor vehicle it appears to anysuch Authority that the vehicle does not comply with theprescribed conditions as to fitness that Authority mayrevoke the certificate of fitness, and where by reason of therevocation of a certificate of fitness or otherwise a vehicleceases to be a vehicle in respect o which a certificate of

[The nclusion of this pasc is authorized by L.N. 7/19881


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ROAD TRAFFIC

fitness is in force any licence granted in respect of thatvehicle 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 beguilty of an offence.

15

11.-(1) Motor vehicles shall, for the purposesof this Classifica-tion of

Ve h i d e sAct and regulations made thereunder be divided into themotorfollowing classes-

a) motor tractors; that is to say, motor vehicles whichare not constructed themselves tocarry any loadother than the following articles, that is to say,water, fuel, accumulators and other equipmentused for the purpose of propulsion, loose tools

and loose equipment;

( b ) trucks; that is to say, motor vehicles (not beingclassified under this section as motorc a r s ) whichare constructed themselves to carry a load orpassengers or both;

(c) motor cars; that is to say, motor vehicles (not

being classified under this section as motor cyclesor invalid carriages) whichare-

(i) constructed solely for the carriage ofpassengers exclusive of the driver;

(ii) adapted to carry no t mo re than sevenpassengers exclusive of the driver,

(d) private motor cars; that is to say, motor vehicleswhether trucks or motor cars, within themeaning of this section, (not being vehicles class-ified as commercial motor cars) constructed

me nclusion of h i s page is authorized by L.N. 68/1978]


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16 ROAD TRAFFZC

solely for t he carriage of passengers an d theireffects and used exclusively for personal purposes;

(e) motor cycles; that is to say, motor vehicles(notbeing classified under this section as invalidcarriages) with less than four wheels and theunladen weight of which does not exceed eighthundredwelght;

cf, invalid carriages; that is to say, motor vehicles,

the weight of which unladen does not exceed fivehundredweight and which are specially designedand constructed, and not merely adapted, for theuse of persons suffering from simple physical defector disability and are solely used by suchpersons;

g) trailers; that is to say, vehicles without motivepower designed or used for carrying goodsorfreight or persons wholly on their own structureand for being drawn by a motor vehicle.

(2) For the purposes of this Part-

a) in any case in which a motor vehicle is soconstructed that a trailer may by partial super-imposition be attached t o th e vehicle in suchman-ner as to cause a substantial part of the weightof the trailer to be borne by the vehicle, thatvehicle shall be deemed t o bea vehicle itself con-structed to carry a load; and

(6) in the case of a motor vehicle fitted witha crane,dynamo, welding plant or other special appliance

or apparatus, which isa permanent or essentiallypermanent fixture, the appliance or apparatusshall no t be. deemed to constitute a load but shallbe deemed to form part of the vehicle; and

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RO D TR FFIC

c ) a side-car attached to a motor cycle shall be regardedas forming part of the vehicle to which it is attachedand not as being a trailer.

Licensing and Registration o Motor Vehicles

12.- 1) There shall be charged levied and paid to the LicenceLicensing Authority of the area in which any motor vehicle or :: Ontrailer is kept for use on a road annual licence duties at the rates vehicles.

2011 964specified in the First Schedule. Such duties shall save as may a,:hereinafter be provided be payable in accordance with the b), c).

1511967provisions of section 13, and subject thereto be collectable a,,

recoverable and enforceable under the provisions of any Act for F U S ~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 theLicensing Authority a certificate of fitness in respect of thevehicle:

Provided further that in the case of motor vehicles brought

into Jamaica by persons making only a temporary stay inJamaica or by dealers in motor vehicles the regulations madeunder this Act may provide for the issue of licences andregistration plates and for the kind of licences and registrationplates 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.


18/165

ROAD TR FFIC

b) revoke, increase, reduce or alter any fee imposed bysubsection 3) of section 17, subsection 1) of section18, subsection 5) of section 25, subsection 3) ofsection 66 or subsection 1) of section 70.

11/1961s.2. 3) An order made under subsection 2) may

contain such consequential, supplemental or ancillaryprovisions as appear to the said Minister to be necessaryor expedient for the purpose of giving due effect to theorder.

1111961 4) An order made under subsection 2) shall beS 2. subject to affirmative resolution of the House of

Representatives.

5) [Deletedby Act 25 of 2004 1

6) The duties charged under this section shall bepaid upon a licence to be taken out by the owner or personin charge of the motor vehicle or trailer and which shallbe issued and be subject to such conditions and regulations asmay be prescribed. 3


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ROAD TRAFFIC

shall make application to the Licensing Authority of thearea in which the motor vehicle or trailer is kept for useon a road, and shall make a declaration and furnish suchparticulars with respect to the motor vehicle, or trailer forwhich the licence is to be taken out, as may be prescribed.O n the expiration of the period covered by the first or anysubsequent licence a fresh licence shall be issued by theLicensing Authority in the name of the owner for the timebeing, upon appIication, production of a certificate of fitnessand payment of the duty

(8) Every licence issued under this section shall beissued in respect of the vehicle specified in the applicationfor the first or original licence or in the new licence granted 20,1%,under subsection (7) and shall not entitle the person to xd).whom it is issued to use any other motor vehicle or trailer.

(9) When any motor vehicle or trailer in respect ofwhich any licence has been issued is used or altered andused after the licence has been issued in such manner as tocause the vehicle to become a vehicle in respect of which alicence at a h i e r rate of duty is required, the licence shallbecome void, but the holder of the licence shall. onsurrendering the same and furnishing the prescribed parti-culars, be entitled to receive a new licence in respect of the

motor vehicle to have effect for the period for which thesurrendered licence would, if it had not been surrendered,have remained in force, on payment of such amount, ifany, as represents the difference between the amount pay-able on the new licence and the amount paid on the sur-rendered licence.

10) No duty shall be payable under this section inrespect of fire engines, ambulances and road rollers norupon tractors used exclusively within the limits of theestate or pen to which they belong or upon any public road

IThe inclusion of lhis paee is audhorued by I.N. :200l]

19


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20 ROAD TRAFFIC

running through such estate or pen and within the limitsof the same.

(11) Regulations made under this Part may providefor the total or partial exemption for a limited period fromthe duty payable under this section on any motor vehiclebrought into Jamaica by persons making only a temporarystay in Jamaica, and for refunds of duty or partial exemption from duty in respect of vehicles no longer in use ona road.

(12) Any licence issued under ths section m a y betransferred in the prescribed manner.

(13) If any person knowingly makes a falsestatement in any declaration required to be made under thisAct such person shall be liable on conviction to a penaltyof five thousand dollars and in default of payment thereof

to imprisonment, with or without hard labour, for a termnot exceeding three months.

211199982.

Duralionof IiEcnfa.2211987a 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 tbelicence first has effect.

(2) The duty payabIe under section 12 on a Hcencefor any vehicle shall-

a) if the licence is taken out for a period of twelvemonths, be paid at the annual rate of duty appli-cable to that vehicle;

(b ) if the licence is taken out for a period of s ix months,be an amount equal to one-half of the annual rateof duty applicable to that vehicle.

W e nclusion of page is authorized by L H . /2001]


21/165

ROAD TMFPYC

( 3 ) For the purposes of this Act-

21

a ) issue of a licence under section 12 to take effect uponthe expiry of an earlier licence may be made not earlierthan thirty days before the date of expiry of the earlierlicence; and

( h ) without prejudice to paragraph a ) or to collectionwhen the licence duty is actually being paid,

enforcement of any provision for the collection orrecovery of licence duty payable under section 12 shallnot be undertaken during the month of grace and theearlier licence shall, during the month of grace or untilrenewed during that month, be regarded as still inforce.

(4) For the purposes of subsection ( 3 ) the month ofgrace, in relation to any licence, means the period of one monthafter the expiration of the licence.

5 ) Except in such circumstances as may be prescribed,every application for a licence shall be deemed to be anapplication for a licence to take effect immediately after the dateof expiry of the previous licence, and licence duty shall bepayable accordingly.

(6) The provisions of sections 15 and 18 of the TaxCollection Act (which relate to payment of taxes in moieties orquarterly) shall not apply to any licence duty payable inaccordance with this section.

14.--(1) Every motor vehicle or trailer kept for use on a road h lo to rshall 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 wholeperiod during which such motor vehicle or trailer is so used,subject to such alterations through loss of registration plates orotherwise, as may be effected in accordance with regulationsmade under this Act.


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22 ROAD TRAFFIC

Pa>ment oflicence dutiesand fees intoConsolidatedFund andParochialRwenueFundand the RoadMaintenanceFund.

18 1996

s.2.38 2002

S 2 (a) (b).

(2) The hlotor Vehicles Register shall be kept by theLicensing Authority of the area in which the licence for themo tor vehicle or trailer is issued , and in such Register shall beentered the letter and number of the registration plate, the nameand address of the person for the time being in whose name thevehicle is registered, the number of any licence issued and thecause of discontinuance o f the issue of the licence.

( 3 ) If a motor vehicle or trailer is used o n a road w ithout

being registered or licensed, or in contravention of the termsofthe licence or if any,registration plate or licence to be affixedand kept affixed in accordance with regulations made under thisAct is not so affixed and kept affixed o r if beingso affixed is inany way obscured or rendered or allowed to become not easilydistinguishable, the person driving or using the moto r vehicle ortrailer shall be guilty o f an offence and the motor vehicle ortrailer shall be liable to be seized and kept in the possessionofthe Police until the requirements o f this Act and regulationsthereunder have been complied w ith.

(4) A person shall not be convicted of an offence underthis section if he proves that he has had no reasonableopportunity of registering or licensing the motor vehicle ortrailer and that the vehicle is being driven or drawn on the roadfor the p urpose o f being registered or licensed.

15.-(1) All licence duties and fees paid or payable underthis Act or the regulations thereunder, other than the proportionof 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 theParochial Revenue Fund established under the Parochial Ratesand Finance Act.

[The illdiisio ii o f 1111s page IS authorized by L N 88/2003]


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ROAD TRAFFIC 2 3

( 3 ) An amount equivalent to3 3 % per cent of licenceduties on motor vehicles shall be paid into or accrue to the RoadMaintenance Fund established under the Road MaintenanceFund Act.

Liceiices of Dsivers

16.-(1) A person shall not drive a motor vehicle on a road

unless he is the holder of a licence for the purpose (in this Actreferred to as a drivers licence) anda person shall not employany person to drive a motor vehicle on a road unless that personso employed is the holder of such a drivers licence. If anyperson acts in contravention of the provisions o f this subsectionhe shall be guilty of an offence and shall be liable on summaryconviction beforea Resident Magistrate t o a fine not exceedingten thousand dollars, and the burden of proving that such personholds such a drivers licence shall be upo n the person ch arged:

Dnvzrs

licznccsrcquircd.

11986s. 2 (a).

1 1993s . 10

21 1999

s. 2 .

Provided that this subsection shall not apply to a person whois being taught to drive (in this Act referred to as a learner) bythe holder of sucha drivers licence who is directing the learner 1 l9s6or who is in responsible control:

S. 2 (b).

11986

s.2( C ) .

Provided k rt h e r that-

a ) such vehicle-

(i) shall have displayed at the back and frontthereof such distinguishing mark as may be

prescribed; and(ii) shall be operated subject to such restrictions

relating to the carryingof passengers o r freightas may be prescribed; and

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h ) the learner is either the holder of a provisional licenceissued under this section or, although not the holder of

a drivers licence authorizing him to drive the class ordescription of vehicle in respect of which he is alearner, is nevertheless the holder of a drivers licencein respect of some other class or description of motorvehicle.

30 1954 (2) A drivers licence issued under this Act shall,

subject to the provisions of this Act, continue in force for the14 1984 prescribed period and the licence duty in respect thereof shall bes 2 ( d ) paid in full at the time of the issue of the licence

s 3

(3) Application for a drivers licence shall be made tothe Licensing Authority of the area in which the applicantresides.

(4) Drivers licences shall be of three classes, that is tosay-

a ) a private drivers licence, which shall entitle theholder thereof to drive, not for reward, trucks,motor cars, (not being public passenger vehicles or

commercial motor cars) and invalid carriages

( b ) a general drivers licence, which shall entitle theholder thereof to drive, whether for reward orotherwise, such class or classes of motor vehicles asmay be specified in the licence and which hisexamination test or tests prove him competent to drive;

c) a motor cycle drivers licence, which shall entitle theholder thereof to drive a motor cycle.

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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 withrespect to the description, design, construction, weight orany other feature of the vehicle which, as shown in thecertificate of competence under section 18, he is competentto drive) the extent of such restriction shall be specifiedin 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 aperson of at least seventeen years of age desiring to learnto drive a motor vehicle with a view to passing a driverstest under section 18, may grant to such person a provisionallicence to be in force for a period of twelve months whichlicence shall be in the prescribed form and granted subjectto the prescribed conditions. If any person to whom sucha provisional licence is granted fails to comply with anyof the conditions subject to which it is granted he shallbe guilty of an offence and shall be liable on summary con- ;?aviction before a Resident Magistrate to a fine not exceedingfour thousand dollars. 2111999s. 2.

17.41) A Licensing Authority shall, subject to the ~ ~ ~ ; ~provisions of this Part, grant a drivers licence of theappropriate class to any person resident in the area of theLicensing Authority who applies for it in the prescribedmanner and produces to the Licensing Authority a certi-ficate of competence mentioned in section 18.

(2) A Licensing Authority shall enter in a bookto be called the Drivers Licences Book the particularsof-

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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 lostlicence may issue a new licence in place of the licence solost on payment of the prescribed ee.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 erasesany record,

kept by the Licensing Authority, shall be guilty of an offenceand shall be liable on summary conviction in a ResidentMagistrates Count to a fine not exceeding twenty thousand

dollars or to imprisonment for a period not exceeding twelvemonths or to both such fine and imprisonment.

21/*999s .

m a i m 1 8 . 4 1 ) A Licensing Authority shall not grant a drivcr8ofadnvcr,, licence unless the applicant for the licence pays to theEocsca611984 Licensing Authority the prescribed fee which may include

s. 4. a prescribed service charge and unless the applicant producesto the Authority a certificate (in this Act referred to as acertificate of competence) in the prescribed form, from

10 the gran1

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the Tr&c Area Authority in whose traflic area is situatedthe licensing area, certirying that the applicant-

(i) is able to read and write in English;

(ii) has complied with the provisions of this Act andthe regulations made thereunder and paid thefees prescribed for a drivers test and, has passedor has been exempted from, such test and, wherethe applicant is a chaufIeur has passed, or has

been exempred from, a test ofhis

mechanicalknowledge;

iii) is at least seventeen years of age, or in the case ofan applicant for a motor cycle drivers licencethat he is at least of that age;

(iv) in the case of an applicant for a general drivers

licence to drive a public passenger vehicle, hasattained the age prescribed for the holding of sucha licenoe;

(v) has produced to the Traffic Area Authority, acertificate from a Justice or a Superintendent orAssistant Superintendent of Police in the areain which the applicant resides, in the pr e s m i d

form certifying that he is a Et and proper personto be the holder of a drivers licence;

(vi) in the case of an applicant for a private driverslicence, or for a motor cycle drivers licence, hasmade a declaration in the prescribed form that heis not suffering from any such disease or physicaldisability as may be specified in the form, or anyother disease or physical disability which wouldbe likely to cause the driving by him of a motor

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28 ROAD TRAFFIC

vehicle, being a vehicle of such class or descrip-tion as he would be authorized by the licence todrive, to be a source of danger to the public;

2111999s.2.

(vii) in the case of an applicant for a general driverslicence has produced to the Traffic Area Authoritya medical certificate from a registered medicalpractitioner, in the prescribed form, certifying thathe is not suffering from any such disease orphysical disability as may be specified in the form,or any other disease or physical disability whichwould be likely to cause the driving by him of amotor vehicle, being of such class or descriptionas he would be authorized by the licence to drive,to be a source of danger to the public :

Provided that the provisions of this subsection (otherthan the provision for the payment of the licensing fee)shall not apply to a person making only a temporary stayin Jamaica if he produces to the Traffic Area Authority adrivers licence issued to him not longer than twelve monthsbefore by the competent Authority in the country fromwhich he comes:

Provided further that the Licensing Authority may in

any case require the holder of such a licence to complywith al or any of the provisions of this subsection.

(2) If any person for the purpose of obtaining thegrant of any licence to himself or any other person, or forthe purpose of obtaining a certificate of mrnpteucc, know-ingly makes any false statement or withholds any material

information, he shall be guilty of an offence and shall beliable to a penalty not exceeding twenty thousand dollars,and in default of payanent thereof to imprisonmen4, with or

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R O A D TRAFFtC 28.01

without hard labour, for any period, not exceeding threemonths, or, in the discretion of the court, to imprisonment,with or without hard labour, forany period not exceedingthree months.

(3) Notw ithstanding anything in this A ct to the 511964s. 1.contrary, where the applicant for a driver's licence is a

member of the Jamaica Defence Force who is required

to drive vehicles belonging to the Force the certificateofcompetence required pursuant to subsection(1) may befurnished by a person authorized in that behalf by theChief of Staff of the Force, andfor that p u r p o s e

0 ) any function which, pursuant to that subsection,is vested in a Traffic Area Authority may beperformed by the person authorized as aforesaid;and

(b ) any reference therein t o a Traffic Area Authorityshall be construed to include a reference to aperson so authorized.

19.-(1) A person shall be disqualified for obtaining a Disqualifl-caiion* fordriver's licence- obraining

B driver'slicence.

( U ) while anothe r licenceof the same class granted tohim is in force, whether the licenceis suspendedor not;

(6) if he is by a conviction under this Partor by anorder of a court under this Part disqualified forholding or obta ining a driver's licence;

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28.02 ROAD TRAFFIC

1/1993S. 2 b).

16/1Ws. 5.

amundsfor refusalor cancel-lation ofdrivcrsl i c c n c n16/1984S. 6 .111993S. 3 (a).

111993S . 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 driverslicence has been granted to a person shall be evidence thatthat person for the purpose of obtaining that licence madea declaration or produced a medical certificate, as the casemay be, that he was not disqualified for holding or obtain-ing the licence.

(3) For the purposes of subsection (1) a) two ormore licences shall, unless the contrary is proved by thelicensee, be regarded as having been granted to the sameperson if his photograph appears thereon notwithstandingthat the licences are in different names.

19A.-(l) A Licensing Authority shall refuse to grant orrenew a drivers licence in respect of any person if-

( U ) the applicant is, for any reason, not entitled to begranted a licence; or

b) the applicant is, pursuant to section 19, disqualifiedfor holding or obtaining a drivers licence.

(2) Where it appears to the Licensing Authoritythat there is reason to believe that subsection (1) applies to

any person who is the holder of a drivers licence or a pro-visional licence, as the case may be, the Licensing Authorityshall revoke or suspend as the case may require the licenceheld by such person. ~

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ROAD TRAFFIC 29

(3) Where, pursuant to this section, the LicensingAuthority refuses to renew a licenceor revokes or suspends ;%a licence held by any person, the Licensing Authority shallgive notice of such refusal, suspensionor revocacion, as the 1 /1993

s. 3(C)( t i ) .case may be; and the reasons therefor to the holderof thelicence who shall,on receipt of such notice, without preju-dice to any appeal to the Road Traffic Appeal Tribunal,surrender the licence forthwithto the Licensing Authority.

(4) Any person who fails to surrender a licence asrequired under subsection (3) shall be guilty of an offence

and shall be liable on first conviction to a h e o t exceedingten thousand dollars or t o imprisonment for a term not ; .*if99exceeding three months and in the caseof 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.

2 0 . 4 1 ) Where a Licensing Authority refuses to grantprovisiuru

a drivers licence of any class on the ground that the appIi- z;ical

mentioned in paragraphs (vi) and (vii) of subsection (1) of igzmsection 18-

cant is suffering from any such disease or disability as is apDl,can,s, ICM f

a) the Licensing Authority may grant to the appli-cant a licence limited to drive an invalid carriageif the Traffc Area Authority in whose traffic areais situated the licensing area certifies to theLicensing Authority that the applicant is fit todrive such a carriage;

(b ) the applicant may, except in the case of suchdiseases and disabilities as may be prescribed, onpayment of the prescribed fee. claim to be sub-jected to a test as to his fitness or ability to drivea motor vehicle of any such classor description ashe would be authorized by the licenceto drive andif the Traffic Area Authority in whose traffic area

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30 R O A D TRAFFIC

the licensing area is situated certifies to theLicensing Authority that the applicant haspassedthe prescribed test and is not otherwise disquali-fied, the grant of the licence shall not be refusedby reason only of the provisions of paragraphs(vi) and (vii) of subsection (1) of section 18, so,however, that if the Traffic Area Authority certifiesto the Licensing Authority that the test of theapplicant proves his fitnessto drive vehicles of aparticular construction or design only, the licence

shaU be iimited to the drivingof such vehicles;(c) if on the first application for the grant of a

drivers licence by a person who at the commence-ment of this Act is the bolder of a drivers licenceunder any Law now repealed, an applicant whois suffering from a disease or disability, otherthan a disease or disability prescribed as afore-said, makes a declaration that notwithstandinghis disease or disability he has during tbe sixmonths immediately preceding the applicationbeen in the habit of driving a motor vehicle of anysuch class or description as he would be authorizedby the licence to drive and that the disease ordisability from which he suffered did not causethe driving of such a motor vehicle by him to be a

source of danger to the public, the licence shallnot be refused by reason only of such disease ordisability being a disease or disability other thana disease or disability prescribed as aforesaid;

(d) if on the application for the grant of a licence theapplicant 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 ismentioned in paragraph (b ) , or on making sucha declaration as is mentioned in paragraphk), a[The inclusion of his page is au,thonzed by L.N. 3/ZWll


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ROADTRAFFIC 31

further test will not be required unless from thedeclaration as to physical fitness made by him forthe purposes of his application, or from informs-tion received by the Licensing Authority, it appearsthat the disease or physical disability from whichthe applicant is suffering has beoome more acuteor that the applicant is suffering from some diseaseor disability not disclosed on the previous occa-sion or contracted since that occasion.

(2) If it appears to a Traffic Area Authority thatthere is reason to believe that any person who holds adrivers licence is suffering from a disease or physicaldisability likely to cause the driving by hi m of a motorvehicle, being a vehicle of any such class or description ashe is authorized by the licence to drive, to be a source ofdanger to the public, and on enquiry into the matter theAuthority is satisfied that the licence holder is sderingfrom such a disease or disability as aforesaid the Authorityshall certify accordingly in the prescribed form to theLicensing Authority who granted the licence, and suchLicensing Authority shall, whether or not the licenceholder so sdering as aforesaid has previously passed atest under this section, after giving to the licence holdernotice of the intention of the Authority so to do, revokethe licence and the licence bolder shall on receipt of suchnotice deliver the licence to the Licensing Authority forcancellation :

Provided that the licence holder may, except in the caseof such diseases and disabilities as may be prescribed,claim to be subjected to a test as to his fitness or disabilityto drive a motor vehicle, and if he passes the prescribedtest the licence shall not be revoked.

Zl.-( l) There shall be constituted a Road Tr&c ConstitutionAppeal Tribunal which shall consist of a chairman and ~ ~ ~ f f i ~f Road

Appealtwo other members to be appointed by the Minister. Tribunal.me nclusion of h i s page is authorized by L.N. 2) 19951


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32 R O A D TRAFFIC

(2) The members of the Road Traffic AppealTribunal shall, subject to the provisions of subsection(6 ) ,

hold office for such period, not exceeding two years, asthe Minister may determine, but shall be eligible forreappointment.

(3) The Minister may appoint any person to actin the place of the chairman or any other memberof theRoad Traffic Appeal Tribunal in case of the absence orinability to act of the chairman or other member.

(4) Any member of the Road Traffic AppealTribunal may at any time resignhis office by instrumentin writing addressed to the chairman thereof, who shallforthwith cause it to be forwarded to the Minister, andfrom the date of the receipt by the chairmanof such instru-men t such member shall cease to be a m emberof the RoadTraffic Appeal Tribunal.

(5) The appointment, removal, death, departurefrom the Island or resignationof any member of the RoadTraffic Appeal Tribunal shall be notified in the Garerte.

( 6 ) The Minister may make rules prescribing theprocedure to be followed upon appeal to the Road TraflicAppeal Tribunal.

L.N.233/'*.

13/1987 (7) Where any person is aggrieved-2nd sch. (a) by refusal of the Transport Authority to grant or

renew a licence; o rb) by the revocation or suspensionof a licence; or

(c) by the refusal of the Transport Authority to hearany person who makes an objection to the grantof the applicationfor a licence in respect of a stageor express carriage service pursuan t to section63(7),

he may, after giving noticeto the Transp ort A uthority ofhisintention so to do, appeal to the Road Traffic Appeal Tri-

1/1993s. 4.

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bunal, which may make such orders as it t h i n k s fit, and, asregards an appeal pursuant to paragraph c), the Tribunalmay, regardless of the merits of the decision of the TransportAuthority on the matter order the Authority to hear anyperson who has made an objection if the Tribunal in itsdiscretion, thinks it desirable, in all the circumstances, forthat person to be heard by the Authority.

35

(8) Any order made pursuant to subsection (7) shall 13119872nd. scbbe 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 sorequired by a constable, produce his drivers licence forexamination so as to enable the constable to ascertain thename 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 drivers licence when so 111953required but is able to satisfy the constable by other meansas 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 daysthereafter at such Police Station as may be specified by thatperson at the time its production was required, and if thelicence is so produced that person shaU not be convicted ofan offence under this section.

of any criminal offence in connection with the driving of a :g:zmotor vehicle and any court before which a person is

convicted of any offence whatsoever under this Act or theregulations made thereunder, in addition to any penaltyfor such offence-

Provided that subject to section 116 (1) where a person zsf{Es 5.

23.-(1) Any court before which a person is convicted D ~ ~ ~ ~ E ~

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34 ROADTRAFFIC

( a ) may in any case, except where otherwise expresslyprovided by this Part, and shall, where so required

by this Part, order him to be disqualified forholding or obtaining a drivers licence for suchperiod as the court thinks fit; and

(6) may in any case, and shall where a person is byvirtue of a conviction disqualified for holding orobtaining a licence, or where an order so disquali-fying any person is made or where so required bythis Part, order that the particulars of the con-viction and of any disqualification to which theconvicted person has become subject shall beendorsed 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 thedriving of a motor vehicle of the same class or descriptionas the vehicle in relation to which the offence wascommitted.

(2) A person who by virtue of an order of a courtunder this Part is disqualified for holding or obtaining adrivers licence may appeal against the order in the samemanner as against a mnviction and the court making theorder may if it thinks fit, pending the appeal, suspend theoperation 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 ofausIpLwIiom.ionsand a drivers 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 orderunder this Part is disqualified for holding or obtaining adrivers licence may, at any time after the expiration of

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six months from the date of the conviction or order, andfrom time to t h e , apply to the court before which he wasconvicted or by which the order was made to remove thedisqualification, and on any such application the court may,as it thinks proper, having regard to the character of theperson disqualified and his conduct subsequent to theconviction or order, the nature of the offence, and anyother circumstances of the case, either by order remove thedisqualification as from such date as may be specilied inthe order or refuse the application:

Provided that, where an application under this sub-section is refused, a further application thereunder shallnot be entertained if made within three months after thedate of the refusal.

If the court orders a disqualification to be removed, thecourt shall cause particulars of the order to be endorsedon the licence, if any, previously held by the applicant andthe court shall in any case have power to order the applicantto pay the whole or any part of the costs of the application.

(4) If any person who, under the provisions of thisPart, is disqualified for holding or obtaining a driverslicence applies for or obtains a licence while he is so dis-qualified, or if any such person while he is so disqualifieddrives a motor vehicle, or, if the disqualification is limited

to the driving of a motor vehicle of a particular class ordescription, a motor vehicle of that class or description, ona road, that person shall be guilty of an offence and shallbe liable on conviction thereof to imprisonment. with orwithout hard labour, for a term not exceeding six monthsor if the court thinks that, having regard to the specialcircumstances of the case, a pecuniary penalty would bean adequate punishment for the offence, to a penalty notexceeding ten thousand dollars, and in default of payment 22 ,1999to imprisonment with or without hard labour for a term not s. 2.

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36 ROAD TRAFFIC

exceeding three monthsor to both such imprisonment andsuch penalty, and a licence obtained by any person dis-qualified as aforesaid shall beof no effect.

5 ) Notwithstanding any enactment prescribing thet ime within which proceedings may be brought before acourt of summary jurisdiction proceedings foran offenceunder subsection (4) may be brought-

(a) within a period of six months from the date ofthe commission of the alleged offence; or

b ) within a period which exceeds neither threemonths from the date on which it came to theknowledge of the prosecution that the offence hadbeen committed nor one year from the date ofthe commissionof the offence,

whichever period is the longer.

6) For the purposes of this section, references toorders under this Part include references to orders underthe corresponding provisions of any enactment nowrepealed.

Provisions

endorse-s torncnts.

2 5 . 4 1 ) An order that the particularsof any convictionor of any disqualification to which the convicted personhas become subject are to be endorsed on any driverslicence held by the offender shall, whether the offenderi s

at the time the holder of a licence or not, operate as anorder that any licence he may then holdor may subse-quently obtain, shall be so endorsed until he becomesentitled under the provisions of this section to have alicence issued to him free from endorsement.

(2) Where an order is made requiring any driverslicence held by an offender to be endorsed, then-

a) if the offender is at the time the holder of adrivers licence, he shall, if so required by thecou rt, prod uce the licence within fivedays or such

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longer time as the court may determine for thepurpose of endorsement; and

(b ) if he is not then the holder of a licence, but subse-quently obtains a licence, he shall within five daysafter so obtaining the licence produce it to thecourt for the purpose of endorsement,

and if he fails so to do, he shall be guiltyof an offence; andif the licence is not produced for the purpose of endorse-ment within such time as aforesaid, it shall be suspended

from the expiration of such time until it is produced forthe purpose of endorsement.

(3) On the issue of a new drivers licence to anyperson, the particulars endorsed on any previous licenceheld by him shall be copied on to the new licence unless hehas previously become entitled under the provisionsof thissection to have a licenceissued to him free from endorse-

ments.(4) If any person whose drivers licence has been

ordered to be endorsed a nd w ho has n ot previously becomeentitled under the provisions of this section to have alicence issued to him free from endorsement appliesforor obtains a licence without giving particula rsof the order,he shall be guilty of an offence and shall be liable onconviction thereof to imprisonment, withor without hardlabour, for a term not exceeding three monthsor to apenalty not exceeding ten thousand dollars, andin default 21119s

for a term not exceeding three months and any licencesoobtained shall beof no effect.

(5 ) Where a person in respect of whoman orderhas been made under this Part, or the correspondingprovisions of any enactment now repealed requiring theendorsement c f any licence hsld by him, has dining acontinuous period of three years or upwards since the orde rwas made had n q such order made apainrt him. he shall

of payment to imprisonment withor without hard labour s2.

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I6 I 1984s. 9.

be entitled, either on applying for the grantof a licenceunder this Part or subject to paymentof a fee of ten dollars,

and subject to surrender of any subsisting licence, at anytime, to have issued to him a new licence free from endorse-ments :

Provided that, in reckoning the said period of threeyears, any period during which the person was by virtueof the order disqualified for holdingor obtaining a driverslicence shall be excluded.

(6) Where a court orders particularsto be endorsedon a drivers licence held by any person, or where by aconviction or order of a court a person is disqualified forholding or obtaining a licence, the court shall sendnoticeof the order to the Traffic Authority in whose traffic areathat person resides, and in a case where a person is sodisqualified, shall also on the production of the licence forthe purpose of endorsement retain the licence and forwardi t to such Traffic Authority, and that Authority shallkeepthe licence until the disqualification has expiredor beenremoved and the person entitledto the licence has m ade ademand in writing for its returnto him.

Where the disqualification to which a person hasbecomesubject is limited to the driving of a motor vehicle of 8particular class or description, the Traffic Authority towhom that persons licence has been forwarded under thissubsection shall forthwith after the receipt thereof causethe appropriate Licensing Authority to issue to thatperson a new licence on which there shall be indicatedin the prescribed manner the classor description of vehiclewhich the holder of the Licence is not thereby authorizedtu drive, and the licence so issued shall remain in force

either for the unexpired period of the original licenceor

for the period of disqualification. whichever is the shorter.

7) Where on an appeal against any such order theappeal is allowed, or where any such conviction is quashed

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the court by which the appeal is allowedor the convictionis quashed, shall send notice thereof to the Traffic

Authority in whose traffic are a the person affected by theorder or conviction resides andto the Licensing Authoritywho issued the licence.

39

Provisions as to Driving and Offencesin connectiontherewith

26.-(1) It shall not be lawful for any personto drive a Rate ofSpeed 0 11

motor vehicle of any class or description on a prescribed prescribed

greater than the speed prescribed as the maximum speedin relation to a vehicle of that class or description and ifany person acts in contravention of this section he shallbe guilty of an offencse and shall be liable on conviction 1 2 / 1 9 x i

road or on a road within a prescribed area ata speed roads.

s 4to the following penalties- Ill993

a) where the maximum speedis exceeded by 10 to 20 Io

miles per hour, to a penalty not exceeding two 2111999thousand dollars;b) where the maximum speed is exceeded by 21 to 30

miles per hour to a penalty not exceeding fourthousand dollars; or

(c) where the maximum speed is exceeded by31 milesper hour or more, to a penalty not exceeding six

thousand dollars.(2) A first or second conviction for an offenceunderthis section shall not render the off ende r liable to bedis-qualified for holding or obtaining a licence.

( 3 ) A person charged under this section with theoffence of driving a motor vehicle of any class or description at 1 speed greater than the maximumspeed prescribed

in the case of a vehicle of that class or description, shallnot he liable to be convicted of the o ffenc e solely on theevidence of one witness to the effect that in the opinion of

s. 2.

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the witness the person charged was driving the vehicle atsuch greater speed.

(4) If a person who employs other personsto drivemotor vehicles on roads publishes or issues any timetableor schedule, or gives any directions, under which anyjourney, or any stage or any part of any journey, is to becompleted within some specified time, andit is not practi-cable in the circumstances of the case for that journey,or that stage or part of the journey, to be cmp10ted inthe specified time without an infringement of theprovi-sions of this section, the publication or issueof the saidtime table or schedule, or the giving of the directions, maybe produced as pr im6 fucie evidence that the employerprocured or incited thepersons employed by him to drivethe vehicles to com mit a n offence und er this section.

Reckless ordanzemuadriving.

27.-(1) If any person drives a motor vehicle on a roadrecklessly, or at a speedor in a m anner which is dangerousto the public, having regard to all the circumstances of thecase, including the nature, condition, and useof the road,and the amount of traffic which is actually at the time, orwhich might reasonably be expected to be, on the road. heshall be liable-

4111969. 2.2111999

a) on conviction, to a penalty not exceeding twentythousand dollars, and in default of payment toimprisonment with or without hard labour for aterm not exceeding six months, or to imprison-ment with or without hard labour for a termnotexceeding six months. and, in the case of asecond or subsequent conviction. either to apenalty not exceeding thifly thousand dollars, andin default of payment to imprisonment with or

without hard labou rfar a term no t exceeding twelvemonths, or to imprisonment withor without hardlabour for a term not exceeding twelve monthsorto both such penalty and imprisonment;

s. 2.

21 1999s .

21 I1999s. 2.

2111999s. 2.

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( b ) on conviction on indictment, to imprisonmentwith or without hard labour for a term notexceeding two years or to a fine or to both suchimprisonment and h e .

(2) The court shall order particulars of any suchconviction to be endorsed on any drivers licence held bythe person convicted.

(3) On a second or subsequent conviction under thissection the convicting court shall exercise the power con-ferred by this Part of ordering that the offender shall bedisqualified for holding or obtaining a drivers licence unlessthe court, having regard to the lapse of time since the dateof the previous or last previous conviction, or for any otherspecial reason thinks fit to order olherwise, but this pro-vision shall not be construed as affecting the right of thecourt to exercise the power aforesaid on a first conviction.

(4) Where a person is convicted of aiding, abetting,counselhig or procuring, or inciting the commission of anoffence under this section, and it is proved that he waspresent in the vehicle at the time of the commission ofthe offence, the offence of which he is convicted shall, forthe purpose of the provisions of this Part relating todisqualification for holding or obtaining drivers lioenoes,be deemed to be an offence within the meaning of section23.

28. Upon the trial of a person who is indicted for man- p o w = mslaughter in connection with the driving of a motor vehicle recuesnorby him, it shall be lawful for the jury, if they are satisfied driv,ngoathat he is guilty of an offence under section 27 (which A-forrelates to reckless or dangerous driving), to find hi m guilty daughkr.

of that offence, whether or not the requirements of section38 (which relates to notice of prosecution) have beensatisfied as respects that offence.

convict for

dangerow

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Power 10orocepd oncharge for

carelessdriving onhearing ofchargeforreckless or

29.-(1) Where a person is charged before a court ofsummary jurisdiction with an offence under s-ction 27 and

the court is of the opinion that the offencr, is not proved,then at any time during the Learing or immediately there-after, the court may, without prejudice to any other powerspossessed by the court, direct or allow a charge for anoffence under section 32 (which relates to careless driving)to be preferred forthwith against the defendant and maythereupon proceed with that charge, so, however, that heor his solicitor or counsel shall be informed of the newcharge and be given an opportunity, whether by way ofcross-examining any witness whose evidence has alreadybeen given against the defendant or otherwise, of answeringthe new charge and the court shall, if it considers that thedefendant is prejudiced in his defence by reason of thenew charge being so preferred, adjourn the hearing.

(2) A defendant in whose case the requirements ofsection 38 (which relates to notice of prosecution) havebeen satisfied or do not apply, as respects the allegedoffence under section 27, may be convicted on a chargepreferred under subsection (11, notwithstanding that suchrequirements have not been satisfied as respects the allegedoffence under section 32.

Causing 30.-(1) A person who causes the death of anotherrseklcrao1 person by the driving of a motor vehicle on a road reck-driving. lessly, or at a speed or in a manner which is dangerous41f1969. 3. to the public, having regard to all the circumstances 01

the case, including the nature, condition and use of theroad, and the amount of traffic which is actually at thetime, or which might reasonably be expected to be, onthe road, shall be liable on conviction on indictment toimprisonment with or without bard labour for a term notexceeding five years.

(2) Upon the trial of a person who is indicted formanslaughter in connection with the driving of a motor

death by

dangerous

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R O A D TRAFFIC 43

vehicle by hi m t shall be lawful for the jury, if they aresatisfied that he is guilty of an offence under subsection

(1) to find him guilty of that offence, and upon the trialof a person for an offence under subsection (1) it shall belawful for the jury, if they are satisfied that he is guiltyof an offence under section 27, to find him guilty of thatoffence, whether or not the requirements of section 38 havebeen satisfied as respects that offence.

31.-(1) A person convicted of manslaughter in o o ~ e c - isqusli-tion with the driving of a motor vehicle by him or of an offenccaication foioffence under section 30 shall, unless the court for special ~~~~reasons thinks fit to order otherwise, and without prejudice ;1/;-%9to the power of the court to order a longer period ofdisqualification, be disqualified for a period of twelvemonths from the date of the conviction for holding orobtaining a drivers licence.

(2) Where a person is convicted of aiding, abetting,counsehg or procuring, or inciting the commission of anoffence mentioned in subsection (l), and it is proved thathe was present in the vehicle at the time of the commissionof the offence, the provisions of that subsection shall applyin relation to the offence of which he is convicted as if itwere 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 beguilty of an offence and shall be liable on conviction thereofto a penalty not exceeding five thousand dollars.

(2) A first or second conviction for an offence underthis section shall not render the offender liable to be dis-qualified for holding or obtaining a drivers licence.

2111999s. 2.

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44 ROADTRAFFlC

Rac ingand 33.-(1) Any person who promotes or takes pafl in arace or trial of speed between motor vehicleson a road

shall be guilty of an offence.

speed tnalr

(2) A person convicted of an offence under thissection shall, unless the court for special reasons thinksEt to order otherwise and without prejudice to the powerof the court to order a longer period of disqualification, bedisqualified for a period of twelve months from the dateofth e conviction for holding or obtaining a drivers licence.

DrivingmotorVehideSunderinllucoceof drinkor d n w.

21/1999s .

3 4 4 1 ) Any person who when drivingor attempting todrive or when in charge of a motor vehicle on a road orother pub lic placeis under the influenceof drink or a drugto such extent as to be incapable of having proper controlof the vehicle, shall be I i a b l G

a) on conviction to a penalty not exceeding twenty

thousand dollars and in default of payment toimprisonment with or without hard labour for aterm not exceeding four months or to imprison-ment, with or without hard labour, for a termnot exceeding four months, and in the case of asecond or subsequent conviction t o imprisonment,with or w ithout ha rd labour, fora term not exceed-

road traffic act_1

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