Traffic Offences Procedure Amendment and Validation Act 2015
FA E R
N

AT F
TQUO U

BERMUDA

TRAFFIC OFFENCES PROCEDURE AMENDMENT
AND VALIDATION ACT 2015

2015 : 55

TABLE OF CONTENTS

Citation
Repeals and replaces section 15
Validation of parking notices
Inserts sections 15A and 15B
Repeals and replaces section 16
Amends section 18
Inserts section 18A
Amends section 23
Repeals and replaces Schedule 2
Inserts Schedule 2A
Related amendments
Revocations
Commencement

WHEREAS it is necessary to amend the Traffic Offences Procedure Act 1974 to
provide that parking notices may be generated electronically; to validate parking notices
and summary prosecutions purportedly issued and brought under the principal Act; to
increase the penalty for parking offences and the offence of unlawfully removing a parking
ticket; to authorise and validate the use of the EasyPark device and allow the approval of
other electronic parking management devices; and to provide for the fines for parking
offences in their municipal areas to accrue to the revenues of the Corporations of Hamilton
and St. George’s;

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TRAFFIC OFFENCES PROCEDURE AMENDMENTAND VALIDATION ACT 2015

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:

Citation
This Act, which amends the Traffic Offences Procedure Act 1974 (“the principal

Act”), may be cited as the Traffic Offences Procedure Amendment and Validation Act 2015.

Repeals and replaces section 15
Section 15 of the principal Act is repealed and replaced by the following—

“Parking notice
Where a police officer has reasonable cause to suspect that a person

has committed a parking offence in respect of a vehicle, the officer may issue a
parking notice in the form set out in Schedule 2.

A parking notice shall be issued by the police officer—

affixing the notice to the vehicle in such a manner that it may
reasonably be expected to be seen by the person in charge of the
vehicle at the time of the alleged offence; or

delivering the notice personally to the person who appears to be
in charge of the vehicle at the time of the alleged offence.

A parking notice issued under this section may be generated
electronically and need not be signed by the officer who issues the parking notice.

A parking notice that is generated electronically may be generated on
an instrument that is approved as suitable by order of the Minister.

A parking notice that is affixed to a vehicle under subsection (2)(a) is
deemed to have been delivered to the owner of the vehicle, unless the contrary is
proved.

The Minister may make regulations to amend Schedules 2 and 2A.

The negative resolution procedure shall apply to orders and
regulations made under this section.”.

15 (1)

(2)

(a)

(b)

(3)

(4)

(5)

(6)

(7)

Validation of parking notices
Where, before the commencement of this Act, a parking notice which was not

in the form as provided in Schedule 2 of the principal Act was purportedly issued under
section 15 of that Act, it shall be deemed to have been in that form and to have been a
valid parking notice.

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3 (1)

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TRAFFIC OFFENCES PROCEDURE AMENDMENTAND VALIDATION ACT 2015

Where, before the commencement of this Act—

the penalty specified in a parking notice was not paid within seven days of
the date on which the parking notice was issued; and

in consequence, a person was notified in writing of the date and time at
which he should appear before the magistrates’ court to answer to the
parking offence to which the parking notice related,

proceedings for the parking offence shall be deemed to have been brought in accordance
with the ticket summons procedure provided in Part II of the principal Act.

For the avoidance of doubt—

any payment received by the magistrates’ court in respect of—

a penalty specified in a parking notice validated by subsection (1); or

a fine imposed in any proceedings to which subsection (2) relates,

shall be deemed to have been lawfully received by the Crown in respect of
that parking notice or those proceedings; and

a fine imposed in any proceedings to which subsection (2) relates shall be
enforceable in accordance with section 60 of the Criminal Jurisdiction and
Procedure Act 2015.

Inserts sections 15A and 15B
The principal Act is amended by inserting the following after section 15—

“Content of parking notice
The use on a parking notice of any words or expression set out in Schedule

2A in bold characters, or any words or expression substantially to the same effect,
to designate the corresponding parking offence against a provision of law specified
in Schedule 2A in relation to the words or expression so used, is sufficient for all
purposes in connection with proceedings for such offence to describe the offence
so designated.

Parking management device
The parking management device designed for parking time

management and known as the “EasyPark” is authorised as suitable to measure
parking time and pay the parking fee for the purposes of any parking legislation.

Where, at any time before or after the commencement of the Traffic
Offences Procedure Amendment and Validation Act 2015, the “EasyPark” device
was or is used as a method of payment of a parking fee under any parking

15A

15B (1)

(2)

(2)

(a)

(b)

(3)

(a)

(i)

(ii)

(b)

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TRAFFIC OFFENCES PROCEDURE AMENDMENTAND VALIDATION ACT 2015

legislation, its use instead of a voucher, ticket, token or similar device shall be
deemed to be authorised by the relevant legislation.

In this section, “parking legislation” means this Act, the Hamilton Fee-
Parking Ordinance 1981, the Hamilton Pay and Display Voucher Parking Ordinance
1995, the Civil Airports (Pay and Display Parking) Regulations 1990 or any other
Act or statutory instrument relating to parking.

The Minister may by order authorise a device designed for parking time
management in addition to or in place of the “EasyPark” device, and subsections
(1) and (2) shall apply accordingly.

The negative resolution procedure shall apply to an order made under
subsection (4).”.

(3)

(4)

(5)

Repeals and replaces section 16
Section 16 of the principal Act is repealed and replaced by the following—

“Unlawful removal of parking notice
A parking notice that is affixed to a vehicle under section 15 shall not

be removed or interfered with except by or under the authority of the owner or the
person in charge of the vehicle or by or under the authority of a police officer.

Any person who contravenes subsection (1) commits an offence
punishable on summary conviction to a fine not exceeding $150.”.

16 (1)

(2)

Amends section 18
Section 18 of the principal Act is amended by—

deleting “fifty dollars” and substituting “$75”;

deleting “order published in the Gazette” and substituting “regulations”.

Inserts section 18A
The principal Act is amended by inserting the following after section 18—

“Allocation of parking penalty within a municipal area
The penalty for a parking offence committed within a municipal area

shall accrue to the revenues of the Corporation of Hamilton or the Corporation of
St. George’s, as the case may be.

In this section, “municipal area” has the meaning provided in the
Municipalities Act 1923.”.

18A (1)

(2)

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(a)

(b)

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TRAFFIC OFFENCES PROCEDURE AMENDMENTAND VALIDATION ACT 2015

Amends section 23
Section 23 of the principal Act is amended—

by deleting the section heading and substituting “Minister may by
regulations amend Schedule 1 ”;

in subsection (1) by deleting “an order” and substituting “regulations”;

in subsection (2)—

by deleting “orders” and substituting “regulations”;

by deleting “section 15(3),”.

Repeals and replaces Schedule 2
Schedule 2 to the principal Act is repealed and replaced by the following—

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(a)

(b)

(c)

(i)

(ii)

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TRAFFIC OFFENCES PROCEDURE AMENDMENTAND VALIDATION ACT 2015

“SCHEDULE 2

(Section 15)

PARKING NOTICE”.

TRAFFIC OFFENCES PROCEDURE ACT 1974

PARKING NOTICE

(Issued by………………...…..…………….)

Issued to: …………………………………………………………………

Date of issue: ……………………………………………………………

Notice Number: …………………………………………………………

WHEREAS the following vehicle was seen on:

………………………………………………………………………………………………………………………………………………………………………………………………

at …… am/pm on ….…day, the …… of ……….. 20….

Vehicle registration: Make:

Colour:

YOU ARE HEREBY GIVEN NOTICE ………………………………
………………………………………………………………………………………
………………………………………………………………………………………
………………………………………………………………………………………

Amount of Fixed Penalty

The amount of the fixed penalty is $75 if paid within 7 days after the date of issue – due date the ……… of …………… 20….

If payment of the fixed penalty of $75 is not made before the due date, you are liable to be summoned to appear in court on a date
to be set for trial of the offence.

The amount of the fixed penalty is $100 if paid after 7 days but before the trial date.

If payment of a fixed penalty is made, a conviction will not be recorded in respect of the offence.

Instructions for Payment of Fixed Penalty

Payments may be made either:

1. In person at the Magistrates Court, 58 Court Street, Dame Lois Browne-Evans Building, Hamilton between 9.00 a.m.

and 4.30 p.m. Cheques and drafts should be made payable to the “Accountant General”; or

2. Online via the government website at www.gov.bm/payments. Please have this notice available with your credit or

debit card.

Trial of Offence

If payment of a fixed penalty is not made by either of the due dates, a trial in respect of the offence will take place on:

The …………………………………….. of …………………..….. 20….. at 2.30 p.m.
at the Magistrates Court 58 Court Street, Dame Lois Browne-Evans Building, Hamilton.

A person who is convicted of an offence is liable, on summary conviction, to a fine of $150.

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TRAFFIC OFFENCES PROCEDURE AMENDMENTAND VALIDATION ACT 2015

Inserts Schedule 2A
The principal Act is amended by inserting the following after Schedule 2—

“SCHEDULE 2A

(Section 15A)

PARKING OFFENCES

Hamilton Traffic and Sidewalks Ordinance 1988
1 Motor vehicle parked in a restricted parking area in excess of the

permitted period contrary to Hamilton Traffic and Sidewalks Ordinance 1988
Article 3

2 Taxi parked in a taxi stand during working hours when not plying for
hire and driver not within 30 feet of taxi contrary to Hamilton Traffic and
Sidewalks Ordinance 1988 Article 4

3 Motor cycle or auxiliary cycle parked in restricted parking area during
working hours outside cycle parking area contrary to Hamilton Traffic and
Sidewalks Ordinance 1988 Article 5

4 Motor cycle, cycle or auxiliary cycle parked on a street with any wheel
more than one foot from the curb contrary to Hamilton Traffic and Sidewalks
Ordinance 1988 Article 6

5 Vehicle parked so as to obstruct or cause a danger to others contrary to
Hamilton Traffic and Sidewalks Ordinance 1988 Article 7

6 Vehicle parked on a street during working hours alongside a single
yellow line contrary to Hamilton Traffic and Sidewalks Ordinance 1988 Article 8

7 Vehicle parked on a street at any time alongside a double yellow line
contrary to Hamilton Traffic and Sidewalks Ordinance 1988 Article 9

8 Vehicle parked in contravention of a sign restricting parking contrary to
Hamilton Traffic and Sidewalks Ordinance 1988 Article 10

9 Vehicle other than goods vehicle stopped or parked in loading zone
during loading hours contrary to Hamilton Traffic and Sidewalks Ordinance
1988 Article 11(1)

10 Goods vehicle other than a shipping container parked in loading zone
longer than an hour during loading hours contrary to Hamilton Traffic and
Sidewalks Ordinance 1988 Article 11(2)

11 In a pay parking area goods vehicle other than shipping container
stopped or parked in a loading zone during loading hours for longer than
10 minutes except when goods are being loaded or unloaded contrary to
Hamilton Traffic and Sidewalks Ordinance 1988 Article 11(3)

12 Vehicle other than goods vehicle with service vehicle parking permit
parked in special service parking area contrary to Hamilton Traffic and
Sidewalks Ordinance 1988 Article 11(4)

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TRAFFIC OFFENCES PROCEDURE AMENDMENTAND VALIDATION ACT 2015

13 Vehicle other than goods vehicle with a special goods parking permit
parked in a special goods vehicle parking area contrary to Hamilton Traffic
and Sidewalks Ordinance 1988 Article 11(5)

14 Vehicle other than taxi parked in a taxi stand during working hours or
when prohibited by traffic sign contrary to Hamilton Traffic and Sidewalks
Ordinance 1988 Article 12

15 Vehicle stopped or parked on a street so as to cause interruption to
traffic contrary to Hamilton Traffic and Sidewalks Ordinance 1988 Article 13

16 Vehicle parked on sidewalk contrary to Hamilton Traffic and Sidewalks
Ordinance Article 14

17 Vehicle other than two-wheeled vehicle parking in cycle parking area
contrary to Hamilton Traffic and Sidewalks Ordinance 1988 Article 15

18 Vehicle stopped or parked alongside or opposite street obstruction or
temporary sidewalk contrary to Hamilton Traffic and Sidewalks Ordinance 1988
Article 16

St. George’s Traffic Ordinance 1967
19 Vehicle, other than two-wheeled vehicle, parked within a cycle parking

area contrary to St. George’s Traffic Ordinance 1967 Article 5
20 Auxiliary bicycle parked more than two feet from curb contrary to St.

George’s Traffic Ordinance 1967 Article 5(a)
21 Motorcycle parked otherwise than in a designated area contrary to St.

George’s Traffic Ordinance 1967 Article 5(b)
22 Vehicle, except taxi actually on hire, parked in a taxi stand contrary to St.

George’s Traffic Ordinance 1967 Article 5(c)
23 Vehicle parked in contravention of sign restricting or limiting period of

time for parking contrary to St. George’s Traffic Ordinance 1967 Article 5(d)
24 Vehicle other than a goods vehicle parked in a loading zone during

working hours contrary to St. George’s Traffic Ordinance 1967 Article 6
25 Goods vehicle parked in a loading zone during working hours for more

than one hour contrary to St. George’s Traffic Ordinance 1967 Article 6
26 Vehicle stopped or parked on any street so as to cause an interruption

of traffic contrary to St. George’s Traffic Ordinance Article 8
27 Vehicle stopped or parked otherwise than facing the direction of travel

contrary to St. George’s Traffic Ordinance 1967 Article 9
28 Taxi parked in taxi stand when not plying for hire or driver not within

10 feet of taxi contrary to St. George’s Traffic Ordinance 1967 Article 10
29 Vehicle stopped or parked on a sidewalk or street alongside a yellow

line contrary to St. George’s Traffic Ordinance 1967 Article 11
30 Vehicle parked alongside or opposite street obstruction or temporary

sidewalk contrary to St. George’s Traffic Ordinance 1967 Article 12
Parking of Vehicles (Designated Areas) Act 1973

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TRAFFIC OFFENCES PROCEDURE AMENDMENTAND VALIDATION ACT 2015

31 Vehicle parked in designated area in contravention of a notice
prohibiting or restricting parking contrary to Parking of Vehicles (Designated
Areas) Act 1973 Section 4

32 Vehicle parked within an area reserved without permission contrary to
Parking of Vehicles (Designated Areas) Act 1974 Section 5(2)

Road Traffic Act 1947
33 Vehicle parked in contravention of an order contrary to Road Traffic Act

1947 Section 4
34 Vehicle parked in contravention of a traffic sign contrary to Road Traffic Act

1947 Section 12
35 Vehicle parked in a prohibited place or manner contrary to Road Traffic Act

1947 Section 13(7)
Municipalities (Hamilton Pay and Display Parking) Ordinance 1986

36 Parking in contravention of Municipalities (Hamilton Pay and Display
Parking ) Ordinance 1986 contrary to Municipalities (Hamilton Pay and Display
Parking) Ordinance 1986 Article 16

Hamilton Pay and Display Voucher Parking Ordinance 1995
37 Parking in a pay parking street without displaying valid parking

voucher contrary to Hamilton Pay and Display Parking Voucher Ordinance 1995
Articles 3 and 13

38 Parking for more than an hour in same place in pay parking street
contrary to Hamilton Pay and Display Parking Voucher Ordinance 1995 Articles 3
and 13

39 Returning to same place in pay parking street before the expiry of an
hour contrary to Hamilton Pay and Display Parking Voucher Ordinance 1995
Articles 3 and 13 ”.

Related amendments
Section 55A(1) of the Motor Car Act 1951 is amended by deleting the words “a

traffic offence within the meaning of the Traffic Offences (Penalties) Act 1976.” and
substituting a long dash and the following—

a traffic offence within the meaning of the Traffic Offences
(Penalties) Act 1976;

a traffic offence within the meaning of the Traffic Offences
Procedure Act 1974; or

a parking offence within the meaning of the Traffic Offences
Procedure Act 1974.”.

“(a)

(b)

(c)

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TRAFFIC OFFENCES PROCEDURE AMENDMENTAND VALIDATION ACT 2015

Section 19A(1) of the Auxiliary Bicycles Act 1954 is amended by deleting the
words “a traffic offence within the meaning of the Traffic Offences (Penalties) Act 1976”
and substituting a long dash and the following—

a traffic offence within the meaning of the Traffic Offences
(Penalties) Act 1976;

a traffic offence within the meaning of the Traffic Offences
Procedure Act 1974; or

a parking offence within the meaning of the Traffic Offences
Procedure Act 1974.”.

“(a)

(b)

(c)

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

deleting “$100” and substituting “$75” in Head 5 of the item on section
13(7) of the Road Traffic Act 1947;

deleting “$50” and substituting “$75” in Head 5 of the items on sections 4
and 5 of the Parking of Vehicles (Designated Areas) Act 1973.

Revocations
The Parking Notice (Amount of Penalty) Order 1988 is revoked.

The Traffic Offences (Form of Ticket) Regulations 1975 are hereby revoked.

Commencement
This Act shall come into operation on such day as the Minister may appoint by

notice in the Gazette.

[Assent Date: 23 December 2015]

(2)

(3)

(a)

(b)

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(2)

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