Advanced Search

Vehicles and Road Traffic (Enforcement and Administration) Act


Published: 1984

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
Vehicles and Road Traffic (Enforcement (CAP. 461 I
and Administration)

CHAPTER 461

THE VEHICLES AND ROAD TRAFFIC (ENFORCEMENT
AND ADMINISTRATI0N)ACT

Arrangement of Sections
Section

Short title.
Interpretation.
Police Officer may give or affix notice.
Particulars to be specified in notice.
Payment of fixed penalty precludes prosecution.
Amount of fixed penalty payable.
Payment of fixed penalty.
Certificate of payment or non-payment of fixed penalty.
Consequence of failure to pay or to appear.
Unauthorised removal of or interference with notice.
Amendment of Schedule.
Regulations.
Regulations and orders subject to negative resolution.
SCHEDULE.

VEHICLES AND ROAD TRAFFIC (ENFORCEMENT AND
ADMINISTRATION)

An Act to provide for the punishment of motor vehicle
and road traffic offenders without the necessity for a court
appearance, and matters incidental thereto.

( I st February, 1984.) 8/1983.

1. This Act may be cited as the Vehicles and Road Shorttitle.
Traffic (Enforcement and Administration)Act.

LAWS OF ANTIGUA AND BARBUDA

2 CAP. 46 1 ) Vehicles and Road Trafjc (Enforcement
and Administration)

Interpretation. 2. 111 this Act-

"driver", "road" and "vehicle" have the meanings
respectively assigned to those expressions by sec-

Cap. 460. tion 2 of the Vehicles and Road Traffic Act;

"fixed penalty" means the penalty prescribed under
section 6;

"notice" means a document offering the opportunity
for the discharge of any liability to conviction for
the offence specified therein by payment of a
fixed penalty in accordance with this Act;

Schedule. "offence" means an offence listed in the Schedule,
being an offence created by or under the enact-
ment specified therein;

"proceedings" means proceedings by complaint before
a Magistrate.

Police Officer
may give or affix

3. (1) Where a police officer has reason to believe
notice. that an offence has been or is beinc committed, it shall be

lawful for him to give to the driveya notice charging him
with the commission of such offence, and notifying him that
a complaiilt will be made against him in respect thereof and
requiring him either to pay the fixed penalty within the
time specified in the notice or to appear at the court speci-
fied in the notice on the day and at the hour stated therein
to answer the said complaint.

(2) Subject to this section, where a police officer finds a
vehicle on any occasion and has reason to believe that an
offence is being or has been committed in respect of that
vehicle, the police officer may affix a notice to any part of
the vehicle where the notice may easily be seen; and a notice
so affixed shall for the purposes of this Act be deemed to
have been given to the person liable for the offence, and
notwithstanding ally law to the contrary, the registered
owner of such vehicle shall for the purposes af the proceed-
ings instituted by the notice, be presumed to be the person
liable for the offence.

LAWS OF ANTIGUA AND BARBUDA

Vehicles and Road Traffic (Enforcement (CAP. 461 3
and Administration)

(3) Where a police officer intends to proceed under
subsection ( 1 ) or ( 2 ) , the notice shall be given or affixed
on the occasion when he had reason to believe that the
offence was committed.

(4) The police officer shall send to the Magistrate
for the Magisterial district in which the offence is alleged
to have been committed, a duplicate of the notice, which
duplicate shall be deemed to be a complaint laid before
the Magistrate and a summons issued by the Magistrate for
the purposes of the Magistrate's Code of Procedure Act. Cap 255.

4. A notice given or affixed under section 3 shall be :p'$:y? be
signed by the police officer and shall specify- notice.

( a ) the date, time and place of the giving or
affixing of the notice;

(6) the section of the enactment creating the
offence alleged, and such particulars of the offence
as are required for proceedings under the
Magistrate's Code of Procedure Act.

(c) the time within which the fixed penalty may
be paid in accordance with section 5 ( 2 ) ;

( d ) the amount of the fixed penalty;

(e) the Clerk of the Magistrate to whom, and the
address at or to which the fixed penalty may be paid
or remitted;

V) the address of the Magistrate's Court at which
the person is required to appear in the event of his
failure to pay the fixed penalty within the specified
time, and the date and time of such appearance.

5. ( 1 ) Where a notice has been given under sec- ~ ~ ~ ~ ~ , " , f ~ , " ~ " _
tion 3, the driver or the registered owner of the vehicle, as prosecution.
the case may be, may pay the fixed penalty in accordance
with the notice.

( 2 ) The time within which the fixed penalty is payable
shall be ten days from the date of the notice, and where pay-
ment reaches the Clerk of the Magistrate after that time it
shall not be receivable and shall be returned to the sender.

LAWS OF ANTIGUA AND BARBUDA

Amount of fixed
penalty payable.

Payment of fixed
penalty.

Certificate of
payment or
non-payment of
fixed penalty.

Consequence of
failure to pay or to
appear.

Unauthorised
removal of or
interference with
notice.

Amendment of
Schedule.

CAP. 461) Vehicles and Road Traffic (Enforcement
and Administration)

( 3 ) Where the fixed penalty is duly paid in accordance
with the notice, no person shall then be liable to be convict-
ed of the offence in respect of which the notice was given
and the proceedings instituted by the notice shall be
deehed to have been dismissed.

6. The fixed penalty for an offence shall be the
amount specified in the third column of the Schedule for
that offence.

7. (1) Payment of the fixed penalty shall be made to
the Clerk of the Magistrate having jurisdiction in the dis-
trict in which the offence is alleged to have been commit-
ted, and shall be dealt with in the same manner as payment
of a fine imposed for an offence under the Magistrate's
Code of Procedure Act.

( 2 ) Payment of the fixed penalty shall be accompanied
by the notice which shall be completed by the driver or the
registered owner, as the case may be, in the manner pre-
scribed.

8. In any proceedings, a certificate that payment of
the fixed penalty was or was not made to the Clerk of the
Magistrate by a date specified in the certificate shall, if the
certificate purports to be signed by the Clerk, be sufficient
evidence of the facts stated, unless the contrary is proved.

9. Where the fixed penalty is not paid within the time
specified in the notice, proceedings in respect of the
offence specified in the notice shall proceed in the manner
prescribed by the Magistrate's Code of Procedure Act.

10. A notice affixed to a vehicle under section 3 ( 2 )
shall not be removed or interfered with except by or under
the authority of the driver of the vehicle or the person liable
for the offence in question; and any person contravening
this section is liable on summary conviction to a fine of one
thousand dollars.

11. (1) The Governor-General may from time to
time by order-

( a ) add any offence to the Schedule; or

LAWS OF ANTIGUA AND BARBUDA

Vehicles and Road Trafjc (Enforcement (CAP. 46 1 .5
and Administration)

(6) remove any offence from the Schedule, and in
particular he may alter the fixed penalty for any
offence or prescribe a new fixed penalty in an amount
not exceeding two hundred dollars.

(2) In subsection l ( a ) "offence" means an offence
against any enactment relating to the use of vehicles on
roads and punishable on summary conviction.

12. The Governor-General may by regulations make Re~lations.
provision as to any matter incidental to the operation of this
Act, and in particular-

( a ) for prescribing the form of notice; and

(6 ) for prescribing the duties of the Clerks of the
Magistrate and the information to be supplied to them.

13. Regulations and orders made under this Act
shall be subject to negative resolution of the Senate and the negative
House of Representatives. resolution.

LAWS OF ANTIGUA AND BARBUDA

6 CAP. 46 1 ) Vehicles and Road Traf$c (Enforcement
and Admiwistration)

- - - -

SCHEDULE Ss. 6 and 11

1. Using a motor vehicle or trailer
without proper identification
plate.

2. Motor vehicle being used when
identification mark not legible.

3. Motor vehicle being used on a
puhlic road at night without
illumination of rear identifica-
tion plate.

4. Motor vehicle in motion on a
road at night without two lighted
lamps at the front of the vehicle.

5. Motor vehicle or trailer on a
road at night without carrying
one lamp showing a red light
to the rear, of such intensity as
to indicate clearly its presence
on the road.

6. Carrying spot lights or other
swivelling lights on a motor
vehicle without the authority of
the Licensing Officer.

7. Causing a motor vehicle to
travel backwards at the junc-
tion of any roads or round a
corner.

8. Not applying brakes and s top
ping engine on quitting a
motor vehicle.

9. Failing to keep a motor vehicle
on the left of the road without
sufficient cause.

Fixed
Enactment Pennlty

$

Regulation 5 of the Vehicles 40.00
and Road Traffic Regulations.

Regulation 6 of the Vehicles 40.00
and Road Traffic Regulations.

Regulation 7 of the Vehicles 40.00
and Road Traffic Regulations.

Regulation 17(1) of the
Vehicle and Road Traffic
Regulations.

Regulation 17(3) of the
Vehicle and Road Traffic
Regulations.

Regulation 17(4) of the
Vehicles and Road Traffic
Regulations.

Regulation 19(1) of the
Vehicles and Road Traffic
Regulations.

Regulation 19(3) of the
Vehicles and Road Traffic
Regulations.

Regulation 19(5) (a) of the
Vehicles and Road Traffic
Regulations.

LAWS OF ANTIGUA AND BARBUDA

Vehicles and Road T q j c (Enforcement (CAP. 461 7
and Administration)

Offence
I;ixud

Enactment I'ennltj

10. Failing to keep to the right or Regulation 19(5) (c) of the 40.00
offside when overtaking other Vehicles and Road Traffic
vehicles. Regulations.

11. Driver of motor vehicle when Regulation 19(5) (d) of the 100.00
being overtaken by other vehi- Vehicles and Road Traffic
cles failing to drive as close to Regulations.
the side of the road as possible
so as to allow such other vehi-
cles to pass, or failing to give as
much space as possible for the
passing- of o&er t r a ~ c or
increasing the speed of the
vehicle he is driving. whilst "
being overtaken by any other
vehicle.

12. Driving so as to overtake other Regulation 19(5) (e) of the 100.00
traffic without a clear or unob Vehicles and Road Traffic
structed view of the road ahead Regulations.
and of any intersecting roads
or overtaking other traffic
when the road ahead is not
clear for a sufficient distance to
enable him to overtake and get
back to his proper side before
meeting any trac coming
from the opposite direction
and without causing the vehicle
which is being overtaken to
alter its speed.

13. Crossing a road or turning in a Regulation 19(5) fl of the 100.00
road or proceeding from one Vehicles and Road Traffic
road into another road or driv- Regulations.
ing from a place which is not a
road into a road, or from a
road into a place which is not a
road, when unable to do so
without obstructing any other
traffic on the road.

LAWS OF ANTIGUA AND BARBUDA

8 CAP. 46 1 ) Vehicles and Road Trafjc (Enforcement
and Administration)

Offence

14. Turning from ohe road into
another road to the left and
not keeping as close as possible
to the left of each road

15. Turning from one road into
another to the right without
driving round the point of
intersection of the two roads,
or keeping as close as possible
to the left of each road.

16. Stopping a motor vehicle with-
in a distance of 30ft. SI-om a
corner, drive, carriageway, or
private road leading from a
public road when not com-
pelled to do so by the necessities
of traffic on the road

17. Drawing up a motor vehicle
alongside any other motor
vehicle or backing a motor
vehicle to the kerb stone of any
foot-path or to the side of any
road except for the purpose of
turning.

18. Leaving a motor vehicle sta-
tionary on a road at night with-
out so stopping the vehicle that
it is as close as possible to the
left hand side of the road fac-
ing the direction in which the
vehicle is proceeding

19. Failing to conform to the rules
of the road in regard to all
kinds of traffic and to comply
with the lawful directions of
any police officer charged with
the regulation of traffic and
with any traffic sign.

Fixed
Enactment Penalty

$

Regulation 19(5) (g) of the 40.00
Vehicles and Road Traffic
Regulations.

Regulation 19(5) (h) of the 40.00
Vehicles and Road Traffic
Regulations.

Regulation 19(5) (i) of the 40.00
Vehicles and Road Traffic
Regulations.

Regulation 19(5) (j) of the 40.00
Vehicles and Road Traffic
Regulations.

Regulation 19(5) (k) of the 40.00
Vehicles and Road Traffic
Regulations.

Regulation 19(9) of the 40.00
Vehicles and Road Traffic
Regulations.

LAWS OF ANTIGUA AND BARBUDA

Vehicles and Road EafJic (Enfoorcement (CAP. 46 1 9
and Administration)

20. Failing to stop a motor vehicle
and to remain stationary as
long as may be necessary on
the request of a police officer
in uniform or of any person
having charge of a horse.

21. Carrying more persons in a
motor vehicle than it was con-
structed to seat.

22. Leaving or permitting to be left
on any public road any motor
vehicle which has broken down
without taking the requisite
steps to indicate its presence
and position, by lighting or
otherwise, to other persons
using the road, or failing to
take immediate steps to have it
removed to as near left of the
road as possible.

Failing on the approach of any
engine or other apparatus of a
Fire Brigade proceeding to or
from a fire or suspected fire, to
draw up close to the left-hand
side of the road and stop, leav-
ing the centre of the road clear
for the passage of such engine
or other apparatus

24. Putting petrol into a receptacle
on or adjacent to any motor
vehicle or into the tank of a
motor vehicle while the engine
is running, or while any light,
other than an electric light, is
alight on the vehicle or smok-
ing or lighting a match or
exposing a naked light in close
proximity while petrol is being
so filled.

fix/,(/
Enactment t 'mnl /~

36
Regulation 19(14) of the 40.00
Vehicles and Road Traffic
Regulations.

Regulation 19(16) of the 40.00
Vehicles and Road Traffic
Regulatioiis.

Regulation 19(17) of the 100.00
Vehicles and Road Traffic
Regulations.

Regulation 19(18) of the 75.00
Vehicles and Road Traffic
Regulations.

Regulation 20 of the Vehicles 40.00
and Road Traffic Regulations.

LAWS OF ANTIGUA AND BARBUDA

10 CAP. 461) Tiehicks and Road Traffic (Enforcement
and Administration)

Offence
Fixed

Enactment Penalty

$

25. Using a motor vehicle without Regulation 21 of the Vehicles 40.00
it being equipped with a and Road Traffic Regulations.
reflecting mirror so construct-
ed and fitted to the motor vehi-
cle as to enable the driver of
such motor vehicle to be or
become aware of the presence
in the rear of any other vehicle
the driver of which is desirous
of passing such motor vehicle.

26. Driving or being in charge o f a Regulation 22 of the Vehicles 40.00
motor vehicle which causes a and Road Traff~c Regulations.
loud noise to the annoyance or
disturbance of any person.

27. Using a motor vehicle without Regulation 23 of the Vehicles 40.00
all the tyres being maintained and Road Traffic Regulations.
in such condition as to be free
from any defect which might in
any way cause damage to the
surface of the road, or danger
to persons in or on the vehicle
or to any person using the
road.

28. Driving a motor vehicle on a Section 53 of the Vehicles and 100.00
road at a speed greater than Road Traffic Act.
the speed so specified as the
maximum speed in relation to
a vehicle of that class or
description.

29. Failing to conform with an Regulation 21 of the Vehicles 40.00
indication given by the signs and Road Traffic (Traffic
shown in the diagrams in the Signs) Regulations.
First or Second Schedule to the
Vehicles and Road Traffic
(Traffic Signs) Regulations.

LAWS OF ANTIGUA AND BARBUDA

Vehicles and Road Trafjc (Enforcement (CAP. 461 11
and Administration)

Offence

30. Driver of motor lorry or motor
truck travelling along Corn
Alley or either north or south
along that portion of Market
Street which lies between
Redcliffe Street and Newgate
Street without permission in
writing given by the Traffic
Commissioner.

31. Parking a motor vehicle in that
portion of Market Street which
lies between Redcliffe Street
and South Street or in that por-
tion of St. Mary's Street
between Thames Street and
Commissioner's Alley, or in
that portion of Long Street
between Market Street and
Corn Alley.

1qXxKl
Enactment r'n? alls

I
Regulation 43(1) of the 40.00
Vehicles and Road Traffic
Regulations.

Regulation 43(2) of the 40.00
Vehicles and Road Traffic
Regulations.