Traffic Offences (Penalties) Amendment Act 2008
TRAFFIC OFFENCES (PENALTIES) AMENDMENT ACT 2008



BERMUDA

2008 : 23

TRAFFIC OFFENCES (PENALTIES) AMENDMENT ACT 2008

Date of Assent: 26 June 2008

Operative Date: 26 June 2008

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 may be cited as the Traffic Offences (Penalties)
Amendment Act 2008.

Amends Schedule 1
2 Schedule 1 to the Traffic Offences (Penalties) Act 1976 is
amended—

(a) in Head 6 of the item on section 35(1) of the Road Traffic
Act 1947, by inserting next after the words “if second
offence committed within 2 years of date of conviction of
first offence; obligatory - 3 years, discretionary – 5 years”
the words “if second offence in any other case; obligatory
- 12 months, discretionary – 5 years”;

(b) by deleting the item on section 35A(2) of the Road Traffic
Act 1947;

(c) in Head 6 of the item on section 35A of the Road Traffic
Act, by inserting next after the words “if second offence
committed within 2 years of date of conviction of first
offence; obligatory - 3 years, discretionary – 5 years” the


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TRAFFIC OFFENCES (PENALTIES) AMENDMENT ACT 2008


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words ‘”if second offence in any other case; obligatory -
12 months, discretionary – 5 years”;

(d) in Head 6 of the item on section 35B(1) of the Road
Traffic Act 1947, by inserting next after the words “if
second offence committed within 2 years of date of
conviction of first offence; obligatory - 3 years,
discretionary – 5 years” the words ‘”if second offence in
any other case; obligatory - 12 months, discretionary – 5
years”;

(e) by inserting the following next after the item on section
35B(1) of the Road Traffic Act 1947—

“Head 1: Road Traffic Act 1947
Head 2: section 35C(7)
Head 3: Failing to comply with the demand of a police

officer
Head 4: summary
Head 5: if first offence - $1,000 or 12 months, or

both

if second offence committed within 2 years
of date of conviction of first offence -
$2,000 or 18 months, or both

if second offence in any other case - $1,000
or 12 months, or both

if third or subsequent offence committed
within 2 years of date of conviction of
first offence - $4,000 or 2 years, or both

if third or subsequent offence in any other
case - $1,000 or 12 months, or both

Head 6: if first offence; obligatory – 12 months
discretionary – 5 years

if second offence committed within 2 years
of date of conviction of first offence;
obligatory – 3 years, discretionary – 5
years

if second offence in any other case;
obligatory - 12 months, discretionary – 5
years

if third or subsequent offence committed
within 2 years of date of conviction of
first offence; obligatory – 5 years

TRAFFIC OFFENCES (PENALTIES) AMENDMENT ACT 2008


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if third or subsequent offence in any other
case; obligatory – 12 months;
discretionary – 5 years

Head 7: if first offence – 7 to 10 points

if second offence committed within 2 years
of date of conviction of first offence – 10
points

if second offence in any other case – 7 to 10
points

if third or subsequent offence committed
within 2 years of date of conviction of
first offence – 10 points

if third or subsequent offence in any other
case – 7 to 10 points

Head 1: Road Traffic Act 1947
Head 2: section 35D(3)
Head 3: Failing to comply with the demand of a police

officer
Head 4: summary
Head 5: if first offence - $1,000 or 12 months, or

both

if second offence committed within 2 years
of date of conviction of first offence -
$2,000 or 18 months, or both

if second offence in any other case - $1,000
or 12 months, or both

if third or subsequent offence committed
within 2 years of date of conviction of
first offence - $4,000 or 2 years, or both

if third or subsequent offence in any other
case – $1,000 or 12 months, or both

Head 6: if first offence; obligatory – 12 months
discretionary – 5 years

if second offence committed within 2 years
of date of conviction of first offence;
obligatory – 3 years, discretionary – 5
years

if second offence in any other case;
obligatory - 12 months, discretionary – 5
years

TRAFFIC OFFENCES (PENALTIES) AMENDMENT ACT 2008


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if third or subsequent offence committed
with 2 years of date of conviction of first
offence; obligatory – 5 years

if third or subsequent offence in any other
case; obligatory – 12 months;
discretionary – 5 years

Head 7: if first offence – 7 to 10 points

if second offence committed within 2 years
of date of conviction of first offence – 10
points

if second offence in any other case – 7 to 10
points

if third or subsequent offence committed
within 2 years of date of conviction of
first offence – 10 points

if third or subsequent offence in any other
case – 7 to 10 points”; and

(f) in Head 6 of the item on section 36(1) of the Road Traffic
Act 1947, by inserting after the words “if second offence
committed within 2 years of date of conviction of first
offence; discretionary – 5 years” the words ‘”if second
offence in any other case; discretionary – 5 years”.

Related amendment to the Road Traffic Act 1947
3 Section 35I of the Road Traffic Act 1947 is repealed.