Traffic Offences (Penalties) Amendment Act 1993

Link to law: http://www.bermudalaws.bm/Laws/Annual%20Laws/1993/Acts/Traffic%20Offences%20%28Penalties%29%20Amendment%20Act%201993.pdf

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Traffic Offences (Penalties) Amendment Act 1993
The Laws of Bermuda
Annual Volume of Public Acts 1993 : 30

1

BERMUDA
1993 : 30

TRAFFIC OFFENCES (PENALTIES) AMENDMENT ACT 1993

[Date of Assent 29 June 1993]

[Operative Date 29 June 1993]

WHEREAS it is expedient to amend the Traffic Offences
(Penalties) Act 1976;

Be it enacted by The Queen's Most Excellent Majesty, by and
with the advice and consent of the Senate and the House of Assembly of
Bermuda, and by the authority of the same, as follows:

Short Title
1 This Act which amends the Traffic Offences (Penalties) Act 1976
may be cited as the Traffic Offences (Penalties) Amendment Act 1993.

Amendments
2 The Traffic Offences (Penalties) Act 1976 is amended—

(a) in section 2(2)—

(i) in paragraph (c), for all the words appearing
immediately after the word "duration" substitute
a semi-colon;

(ii) in paragraph (d), insert immediately after the
word "shows" the words "the type and length of
disqualification" and for the word "for" substitute
the word "from";

(b) in sections 3A and 4(3), for the words "shall be in"
wherever they appear substitute the words "may be in"

TRAFFIC OFFENCES (PENALTIES) AMENDMENT ACT 1993

2

and for the words "and not" wherever they appear
substitute the word "or" and in section 4(2), delete all the
words appearing immediately after the words
"disqualified the court" to "other case," and delete the
words "in either case";

(c) in section 6(2), delete the dash and the reference to
pararaph (a) appearing immediately after the word
"commence" and for all the words appearing immediately
after the words "of his conviction" substitute a full stop;

(d) in Schedule 1—

(i) in relation to the Road Traffic Act 1947—

(A) section 34(1), Head 6, for the word "obligatory"
substitute the word "discretionary";

(B) section 34(2), Head 6 (summary), delete the
words "obligatory - 12 months", "; obligatory - 3
years", "; obligatory - 12 months" wherever they
appear and for the words "obligatory - 5"
substitute the words "discretionary - 5";

(C) section 34(2), Head 6 (on indictment), for the
word "obligatory" wherever it appears substitute
the word "discretionary";

(D) section 36(1), Head 6, delete the words
"obligatory - 12 months,", "obligatory - 3 years,"
"obligatory - 12 months;" wherever they appear
and for the words "obligatory - 5" substitute the
words "discretionary - 5";

(E) section 37(1)(2), Head 6, delete the words
"obligatory - 6 months," wherever they appear;

(F) section 42(2), Head 6, for the words "obligatory -
6" substitute the words "discretionary 6";

(G) section 43(1), Head 5, delete the words
"(mandatory term of imprisonment 3 months)",
"(mandatory term of imprisonment 6 months)"
and the words "Provided that a person under the
age of 18 years shall not be liable to mandatory
imprisonment for an offence under section 43(1)"
wherever they appear and in Head 6, delete the
words "obligatory - 12 months,", "obligatory - 18
months," and "obligatory - 2 years," wherever
they appear;

The Laws of Bermuda
Annual Volume of Public Acts 1993 : 30

3

(ii) in relation to the Motor Car Act 1951, section 123, Head
5, delete the words "(mandatory term of imprisonment 3
months)", "(mandatory term of imprisonment 6 months)"
and the words "Provided that a person under the age of
18 years shall not be liable to mandatory imprisonment
for an offence under section 123" wherever they appear
and in Head 6, delete the words "obligatory - 12
months,", "obligatory - 18 months" and "obligatory - 2
years," wherever they appear;

(e) in Schedule 4—

(i) in Part A, delete the words "minimum 6 months
but", "minimum 12 months but", "minimum 18
months but", "minimum 2 years but" and
"minimum 3 years but" wherever they appear
and for the words "Head 4 : 5", "Head 3 : 5",
"Head 2 : 5", wherever they appear substitute
the words "Head 4 : not exceeding 5", "Head 3 :
not exceeding 5", "Head 2 : not exceeding 5"
respectively;

(ii) in Part B, for the word "obligatory" wherever it
appears substitute the word "discretionary".

Pending proceedings etc.
3 (1) The Traffic Offences (Penalties) Act 1976 as amended by
this Act shall apply to—

(a) an offence which, before the commencement date of this
Act, had been committed and in relation to which no
order or decision of a court had been rendered thereon;

(b) an offence which was committed on or after the
commencement date of this Act.

(2) Notwithstanding any other law to the contrary, where a
person has before the commencement date been disqualified initially by
an order or orders of a court and has, since the initial disqualification
and before the commencement date, been subsequently disqualified by
an order or orders of a court during the unexpired period of the initial or
any other disqualification pursuant to any order mentioned above, that
person shall after six months from the commencement date be deemed
not to be disqualified in relation to any disqualification existing before
the commencement date.

(3) In this section "commencement date" means the date of the
coming into operation of this Act.