Road Traffic Amendment Act 2012
FA E R
N
AT F
TQUO U
BERMUDA
ROAD TRAFFIC AMENDMENT ACT 2012
2012 : 18
TABLE OF CONTENTS
Preliminary
Citation
Amends section 1
Driving offences
Repeals and replaces section 34
Inserts new sections 34A and 34B
Repeals and replaces section 36
Inserts new section 36A
Repeals and replaces section 37
Inserts new sections 37A and 37B
Driving under the influence of alcohol or drugs offences
Repeals and replaces section 35
Inserts new section 35AA
Repeals and replaces section 35A
Alternative Charges
Inserts new section 38A
Repeals and replaces section 39
Driving penalties
Amends Schedule 1 to the Traffic Offences (Penalties) Act 1976
Other Amendments
Amends section 1 of the Traffic Offences (Penalties) Act 1976
Amends the principal Act
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ROAD TRAFFIC AMENDMENT ACT 2012
Repeals and replaces section 47
Amends the principal Act
Final
Commencement
WHEREAS it is necessary to amend the Road Traffic Act 1947 and the Traffic
Offences (Penalties) Act 1976 to update the current offences and penalties for causing death
by driving; to create new offences and penalties for causing death by driving; to update the
offences and penalties for driving under the influence of drugs or alcohol and to provide
meanings of dangerous driving and careless driving;
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:
Preliminary
Citation
This Act, which amends the Road Traffic Act 1947 (“the principal Act”) may be cited
as the Road Traffic Amendment Act 2012.
Amends section 1
Section 1 of the principal Act is amended by inserting the following in the
appropriate alphabetical order—
“ “prescribed limit” means 80 milligrammes of alcohol in 100 millilitres of
blood or such other proportion as the Minister, after consultation with
the Minister responsible for health, shall prescribe.”.
Driving offences
Repeals and replaces section 34
Section 34 of the principal Act is repealed and replaced with the following—
“Causing death, or grievous bodily harm, by dangerous driving
A person who causes the death of, or grievous bodily harm to, another
person by driving a vehicle dangerously on a road or other public place, commits
an offence.”.
34
Inserts new sections 34A and 34B
The principal Act is amended by inserting the following after section 34—
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ROAD TRAFFIC AMENDMENT ACT 2012
“Causing death, or grievous bodily harm, by driving: disqualified
A person is guilty of an offence if he causes the death of, or grievous bodily
harm to, another person by driving a vehicle on a road or other public place and,
at the time when that person is driving he is committing an offence under—
section 123 of the Motor Car Act 1951 (driving motor car while
disqualified); or
section 43(1) of this Act (driving auxiliary bicycle while
disqualified).
Causing death, or grievous bodily harm, by driving: unlicensed, uninsured
A person is guilty of an offence if he causes the death of, or grievous bodily
harm to, another person by driving a vehicle on a road or other public place and,
at the time when that person is driving, he is committing an offence under—
section 74 of the Motor Car Act 1951 (not holding a valid drivers’
licence);
section 9 of the Auxiliary Bicycles Act 1954 (not holding a valid
driver’s licence or a valid Bermuda youth licence); or
section 3 of the Motor Car Insurance (Third-Party Risks) Act 1943
(owner of motor car and auxiliary bicycle not holding
insurance).”.
34A
(a)
(b)
34B
(a)
(b)
(c)
Repeals and replaces section 36
Section 36 of the principal Act is repealed and replaced with the following—
“Dangerous driving
Any person who drives a vehicle dangerously on a road or other public place
commits an offence.”.
36
Inserts new section 36A
The principal Act is amended by inserting the following after section 36—
“Meaning of dangerous driving
A person is to be regarded as driving dangerously only if—
the way he is driving is far below what would be expected of a
competent and careful driver; and
it would be obvious to a competent and careful driver that driving
in that way would be dangerous.
A person shall also be regarded as driving dangerously for the purposes
of sections 34 and 36 if it is obvious to a competent and careful driver that driving
a vehicle in its current state, including any thing attached to or carried on or in it
and the way it is attached or carried, is dangerous.
36A (1)
(a)
(b)
(2)
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ROAD TRAFFIC AMENDMENT ACT 2012
In subsections (1) and (2) “dangerous” refers to danger either of injury
to any person or of serious damage to property.
In determining for the purposes of subsections (1) and (2) what would
be expected of, or obvious to, a competent and careful driver in a particular case,
regard shall be had not only to circumstances of which he could be expected to be
aware but also circumstances shown to have been within the knowledge of the
accused.”.
(3)
(4)
Repeals and replaces section 37
Section 37 of the principal Act is repealed and replaced with the following—
“Careless driving and driving without reasonable consideration
Any person who drives a vehicle on a road or other public place without
due care and attention, or without reasonable consideration for other persons using
the road or public place, commits an offence.”.
37
Inserts new sections 37A and 37B
The principal Act is amended by inserting the following after section 37—
“Causing death, or grievous bodily harm, by careless driving
Any person who causes the death of, or grievous bodily harm to, another
person by driving a vehicle on a road or other public place without due care and
attention, or without reasonable consideration for other persons using the road or
public place, commits an offence.
Meaning of careless driving or driving without reasonable consideration
A person shall be regarded as driving without due care and attention
if the way he drives falls below what would be expected of a competent and careful
driver.
In determining for the purposes of subsection (1) what would be
expected of a careful and competent driver in a particular case, regard shall be had
not only to the circumstances of which he could be expected to be aware but also
to any circumstances shown to have been within the knowledge of the accused.
A person shall be regarded as driving without reasonable consideration
for other persons only if those persons are inconvenienced by his driving.”.
37A
37B (1)
(2)
(3)
Driving under the influence of alcohol or drugs offences
Repeals and replaces section 35
Section 35 of the principal Act is repealed and replaced with the following—
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ROAD TRAFFIC AMENDMENT ACT 2012
“Causing death, or grievous bodily harm, when driving under the influence of
alcohol or drugs
Any person who causes the death of, or grievous bodily harm to, another
person when driving, or attempting to drive, or having care or control of a vehicle
on a road or other public place, whether it is in motion or not, commits an offence
if—
his ability to drive is impaired by alcohol or a drug;
he consumes alcohol of such quantity that the proportion of it in
his blood exceeds the prescribed limit; or
there is present in his body any dangerous drug.”.
35
(a)
(b)
(c)
Inserts new section 35AA
The principal Act is amended by inserting the following after section 35—
“Driving when under the influence of alcohol or drugs
Any person who drives, or attempts to drive, or has care or control of a
vehicle on a road or other public place, whether it is in motion or not, when his
ability to drive is impaired by alcohol or a drug, commits an offence.”.
35AA
Repeals and replaces section 35A
Section 35A of the principal Act is repealed and replaced with the following—
“Driving when alcohol concentration is over the prescribed limit
Any person who drives or attempts to drive, or who has care or control of,
a vehicle on a road or other public place, whether it is in motion or not, having
consumed alcohol in such quantity that the proportion of it in his blood exceeds
the prescribed limit, commits an offence.”.
35A
Alternative Charges
Inserts new section 38A
The principal Act is amended by inserting the following after section 38—
“Alternative charge on unsuccessful manslaughter prosecution
Where a person indicted for manslaughter in connection with driving
a vehicle is found not guilty of that offence, but the allegations in the indictment
amount to or include any allegation of any relevant offences, he may be convicted
of the relevant offence.
In subsection (1), the “relevant offences” are—
an offence under section 34 (causing death, or grievous bodily
harm, by dangerous driving);
38A (1)
(2)
(a)
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ROAD TRAFFIC AMENDMENT ACT 2012
an offence under section 35 (causing death, or grievous bodily
harm, when driving under the influence of alcohol or drugs);
an offence under section 36 (dangerous driving); and
an offence under section 37A (causing death, or grievous bodily
harm, by careless driving).”.
(b)
(c)
(d)
Repeals and replaces section 39
Section 39 of the principal Act is repealed and replaced with the following—
“Alternative charges: general
Where—
a person charged with an offence under a section of the Act
specified in the left column of the Alternative Charges is found not
guilty of that offence, but
the allegations in the indictment or information amount to or
include an allegation of an offence under one or more of the
sections specified in the corresponding entry in the right column,
he may be convicted of that offence or of one or more of those offences.
Alternative Charges
Offence charged Alternative
Section 34 (causing death, or
grievous bodily harm by
dangerous driving)
Section 36 (dangerous driving)
Section 37 (careless driving
and driving without reasonable
consideration)
Section 35 (causing death, or
grievous bodily harm, by driving
under the influence of alcohol or
drugs)
Section 35A (driving when
alcohol concentration is over
the prescribed limit)
Section 35AA (driving when
under the influence of alcohol
or drugs)
Section 36 (dangerous driving)
Section 36 (dangerous driving) Section 37 (careless driving
and driving without reasonable
consideration) ”.
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(a)
(b)
Driving penalties
Amends Schedule 1 to the Traffic Offences (Penalties) Act 1976
Schedule 1 to the Traffic Offences (Penalties) Act 1976 is amended—
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ROAD TRAFFIC AMENDMENT ACT 2012
by repealing the items on sections 34(1), 34(2), 35(1), 35(2), 35(3A), 35(3B),
35A, 35B(1), 36(1) and 37(1)(2) of the Road Traffic Act 1947 and replacing
them with the following—
“ Head 1: Road Traffic Act 1947
Head 2: section 34
Head 3: Causing death, or grievous bodily harm, by dangerous
driving
Head 4: causing death - on indictment
causing grievous bodily harm - on indictment or
summary
Head 5: causing death -
if first offence - 8 years
if second offence - 10 years
if third offence - 15 years
causing grievous bodily harm [on indictment]-
if first offence - 4 years
if second offence - 7 years
if third offence - 9 years
causing grievous bodily harm [summary] -
if first offence - $3,000 or 3 years, or both
if second offence - $5,000 or 6 years, or both
if third or subsequent offence - $8,000 or 8 years, or
both
Head 6: causing death -
first offence - obligatory - 5 years
second offence - obligatory - 8 years
third offence - obligatory - 10 years
causing grievous bodily harm [on indictment] -
if first offence - obligatory - 3 years, discretionary - 4
years
if second offence - obligatory - 5 years, discretionary -
6 years
if third offence - obligatory - 8 years, discretionary - 9
years
causing grievous bodily harm [summary] -
if first offence - obligatory - 2 years
if second offence committed within 2 years of date of
conviction of first offence - obligatory - 4 years
if third or subsequent offence - obligatory - 6 years
Head 7: causing death -
if first offence - 12 points
if second offence - 12 points
if third offence - 12 points
causing grievous bodily harm [on indictment]-
if first offence - 10 to 12 points
(a)
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ROAD TRAFFIC AMENDMENT ACT 2012
if second offence - 10 to 12 points
if third offence - 10 to 12 points
causing grievous bodily harm [summary] -
if first offence - 8 to 10 points
if second offence committed within 2 years of date of
conviction of first offence - 8 to 10 points
if third or subsequent offence - 12 points
Head 1: Road Traffic Act 1947
Head 2: section 34A
Head 3: Causing death, or grievous bodily harm, by driving:
disqualified
Head 4: causing death - on indictment
causing grievous bodily harm - on indictment or
summary
Head 5: causing death -
if first offence - 8 years
if second offence - 10 years
if third offence - 15 years
causing grievous bodily harm [on indictment]-
if first offence - 4 years
if second offence 7 years
if third offence - 9 years
causing grievous bodily harm [summary] -
if first offence - $3,000 or 3 years, or both
if second offence - $5,000 or 6 years, or both
if third or subsequent offence - $8,000 or 8 years, or
both
Head 6: causing death -
first offence - obligatory - 5 years
second offence - obligatory - 8 years
third offence - obligatory - 10 years
causing grievous bodily harm [on indictment] -
if first offence - obligatory - 3- years, discretionary - 4
years
if second offence - obligatory - 5 years, discretionary -
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if third offence - obligatory - 8 years, discretionary - 9
causing grievous bodily harm [summary] -
if first offence - obligatory - 2 years
if second offence committed within 2 years of date of
conviction of first offence - obligatory - 4 years
if third or subsequent offence - obligatory - 6 years
Head 7:
causing death -
if first offence - 12 points
if second offence - 12 points
if third offence - 12 points
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ROAD TRAFFIC AMENDMENT ACT 2012
causing grievous bodily harm [on indictment]-
if first offence - 10 to 12 points
if second offence - 10 to 12 points
if third offence - 10 to 12 points
causing grievous bodily harm [summary] -
if first offence - 8 to 10 points
if second offence committed within 2 years of date of
conviction of first offence - 8 to 10 points
if third or subsequent offence - 12 points
Head 1: Road Traffic Act 1947
Head 2: section 34B
Head 3: Causing death, or grievous bodily harm, by driving:
unlicensed, uninsured
Head 4: causing death - on indictment
causing grievous bodily harm - on indictment or
summary
Head 5: causing death -
if first offence - 2 years
if second offence - 5 years
if third offence - 8 years
causing grievous bodily harm [on indictment] -
if first offence - 16 months
if second offence - 22 months
if third offence - 3 years
causing grievous bodily harm[summary] -
if first offence - 1 year
if second offence - 18 months-
if third or subsequent offence - 2 years
Head 6: causing death -
if first offence - obligatory - 5 years
if second offence - obligatory - 8 years
if third offence - obligatory - 10 years
causing grievous bodily harm [indictment]
if first offence - obligatory - 3 years, discretionary - 4
years
if second offence - obligatory - 5 years, discretionary -
7 years
if third offence - obligatory - 8 years, discretionary - 10
years
causing grievous bodily harm[summary] -
if first offence - obligatory - 2 years
if second offence committed - obligatory - 4 years
if third or subsequent offence - obligatory - 6 years
Head 7: causing death -
if first offence - 12 points
if second offence - 12 points
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ROAD TRAFFIC AMENDMENT ACT 2012
if third offence - 12 points
causing grievous bodily harm [on indictment] -
if first offence - 10 to 12 points
if second offence - 10 to 12 points
if third offence - 12 points
causing grievous bodily harm [summary] -
if first offence - 8 to 10 points
if second offence - 8 to 10 points
if third or subsequent offence - 12 points
Head 1: Road Traffic Act 1947
Head 2: section 35
Head 3 Causing death, or grievous bodily harm, when driving
under the influence of alcohol or drugs
Head 4: causing death - on indictment
causing grievous bodily harm - on indictment or
summary
Head 5: causing death -
if first offence - 12 years
if second offence - 14 years
if third offence - 17 years
causing grievous bodily harm [on indictment] -
if first offence - 7 years
if second offence - 10 years
if third offence - 12 years
causing grievous bodily harm[summary] -
if first offence - $3,000 or 5 years, or both
if second offence - $5,000 or 7 years, or both
if third or subsequent offence- $8,000 or 10 years, or
both
Head 6: causing death -
if first offence - obligatory - 8 years
if second offence - obligatory - 10 years
if third offence - obligatory - 15 years
causing grievous bodily harm [indictment] -
if first offence - obligatory - 5 years, discretionary - 7
years
if second offence - obligatory - 8 years, discretionary -
10 years
if third or subsequent offence - obligatory - 10 years,
discretionary - 12 years
causing grievous bodily harm [summary] -
if first offence - obligatory - 3 years, discretionary - 4
years
if second offence committed - obligatory - 5 years,
discretionary - 7 years
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ROAD TRAFFIC AMENDMENT ACT 2012
if third or subsequent offence - obligatory - 8 years,
discretionary - 10 years
Head 7:
causing death -
if first offence - 12 points
if second offence - 12 points
if third offence - 12 points
causing grievous bodily harm [on indictment]-
if first offence - 10 to 12 points
if second offence - 10 to 12 points
if third offence - 12 points
causing grievous bodily harm [summary] -
if first offence - 8 to 10 points
if second offence - 8 to 10 points
if third or subsequent offence - 12 points
Head 1: Road Traffic Act 1947
Head 2: section 35AA
Head 3: Driving when under the influence of alcohol or drugs
Head 4: summary
Head 5: if first offence - $1,500 or 12 months, or both
if second offence - $2,500 or 18 months, or both
if third or subsequent offence - $5,000 or 2 years or
both
Head 6: if first offence - 18 months
if second offence - 3 years
if third or subsequent offence - 5 years
Head 7:
if first offence - 8 to 10 points
if second offence - 10 to 12 points
if third or subsequent offence - 12 points
Head 1: Road Traffic Act 1947
Head 2: section 35A
Head 3: Driving when alcohol concentration is over the
prescribed limit
Head 4: summary
Head 5: if first offence - $1,500 or 12 months, or both
if second offence - $2,500 or 18 months, or both
if third or subsequent offence - $5,000 or 2 years, or
both
Head 6: if first offence - 18 months
if second offence - 3 years
if third or subsequent offence - 5 years
Head 7:
if first offence - 8 to 10 points
if second offence - 10 to 12 points
if third or subsequent offence - 12 points
Head 1: Road Traffic Act 1947
Head 2: section 36
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ROAD TRAFFIC AMENDMENT ACT 2012
Head 3: Dangerous driving
Head 4: summary
Head 5: if first offence - $1,500 or 12 months, or both
if second offence - $2,500 or 18 months, or both
if third or subsequent offence - $5,000 or 2 years, or
both
Head 6: if first offence - 18 months
if second offence - 3 years
if third or subsequent offence - 5 years
Head 7:
if first offence - 8 to 10 points
if second offence - 10 to 12 points
if third or subsequent offence - 12 points
Head 1: Road Traffic Act 1947
Head 2: section 37
Head 3: Careless driving
Head 4: summary
Head 5: if first offence - $1,000
if second offence - $1,500
if third or subsequent offence - $2,000
Head 6: if first offence - discretionary - 12 months
if second offence - discretionary - 12 months
if third or subsequent offence - discretionary - 18
months
Head 7:
if first offence - 10 to 12 points
if second offence - 10 to 12 points
if third or subsequent offence - 12 points
Head 1: Road Traffic Act 1947
Head 2: section 37A
Head 3: Causing death, or grievous bodily harm by careless
driving
Head 4: causing death - on indictment
causing grievous bodily harm - on indictment or
summary
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ROAD TRAFFIC AMENDMENT ACT 2012
Head 5: causing death -
if first offence - 8 years
if second offence - 10 years
if third offence - 15 years
causing grievous bodily harm [on indictment]-
if first offence - 4 years
if second offence - 7 years
if third offence - 9 years
causing grievous bodily harm [summary] -
if first offence - $3,000 or 3 years, or both
if second offence - $5,000 or 6 years, or both
if third or subsequent offence - $8,000 or 8 years, or
both
Head 6: causing death -
first offence - obligatory - 5 years
second offence - obligatory - 8 years
third offence - obligatory - 10 years
causing grievous bodily harm [on indictment] -
if first offence - obligatory - 3- years, discretionary - 4
years
if second offence - obligatory - 5 years, discretionary -
6
if third offence - obligatory - 8 years, discretionary - 9
causing grievous bodily harm [summary] -
if first offence - obligatory - 2 years
if second offence committed within 2 years of date of
conviction of first offence - obligatory - 4 years
if third or subsequent offence - obligatory - 6 years
Head 7: causing death -
if first offence - 12 points
if second offence - 12 points
if third offence - 12 points
causing grievous bodily harm [on indictment]-
if first offence - 10 to 12 points
if second offence - 10 to 12 points
if third offence - 10 to 12 points
causing grievous bodily harm [summary] -
if first offence - 8 to 10 points
if second offence committed within 2 years of date of
conviction of first offence - 8 to 10 points
if third or subsequent offence - 12 points ”.
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ROAD TRAFFIC AMENDMENT ACT 2012
Other Amendments
Amends section 1 of the Traffic Offences (Penalties) Act 1976
Section 1 of the Traffic Offences (Penalties) Act 1976 is amended in the definition
of “impaired driving traffic offence”—
by deleting “section 35(1), (2), (3A) and (3B)” and substituting “section 35,”;
and
by inserting “section 35AA,” after “section 35,”.
Amends the principal Act
The principal Act is amended—
in section 35C—
in the section heading by deleting “35 or 35A” and substituting “35,
35AA or 35A”;
in subsection (1) by deleting “35 or 35A” and substituting “35, 35AA or
35A”;
in subsection (3) by deleting the words “motor car, auxiliary bicycle,
cycle (not being an auxiliary bicycle) or any other vehicle other than a
motor car” and substituting “vehicle”.
in section 35D—
in the section heading by deleting “35(3A) or (3B)” and substituting
“35”;
in subsection (1) by deleting the words “motor car, auxiliary bicycle,
cycle (not being an auxiliary cycle) or any other vehicle other than a
motor car” and substituting “vehicle”;
in section 35E(1)(a) by deleting “35 or 35A” and substituting “35, 35AA or
35A”;
in section 35H—
in the section heading by inserting “, 35AA” after “35”;
in subsection (1) by inserting “, 35AA” after “35”;
in subsection (2) by deleting the words “motor car, auxiliary bicycle,
cycle (not being an auxiliary bicycle), or other vehicle other than a motor
car” and substituting “vehicle”;
in subsection (10) by inserting “, 35AA” after “35”.
Repeals and replaces section 47
Section 47 of the principal Act repealed and replaced by the following—
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(a)
(b)
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(a)
(i)
(ii)
(iii)
(b)
(i)
(ii)
(c)
(d)
(i)
(ii)
(iii)
(iv)
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ROAD TRAFFIC AMENDMENT ACT 2012
“Regulations
The Minister responsible for works and engineering may make such
regulations as may be necessary or expedient for the purpose of carrying into effect
this Act and, without prejudice to the generality of the foregoing, such regulations
may prescribe the size, colour and type of traffic signs, the significance of any
warning, information, requirement, restriction or prohibition conveyed by such
signs and any other matter whatsoever relating thereto.
The Minister or the Minister responsible for works and engineering
may prescribe anything which is to be or may be prescribed under this Act.
The negative resolution procedure shall apply to regulations made
under this section.”
47 (1)
(2)
(3)
Amends the principal Act
The principal Act is amended by deleting “Minister of Works and Engineering”
wherever it occurs in the provisions referred to in the Table to this section and substituting
“Minister responsible for works and engineering” in each case—
TABLE
section 3 section 10
section 4(1) section 11
section 5(1), (2) section 13 (1)(a), (2)
section 7(1), (2A) (2B)(b), (3)(a) section 27(2)(a)
section 8(1)(a), (2), (3) section 47(1)
section 9
Final
Commencement
This Act shall come into operation on such day as the Minister may appoint by
notice published in the Gazette.
[Assent Date: 18 May 2012]
[Operative Date: 05 October 2012]
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