Traffic Act (Gibraltar)

Traffic Act

Published: 2005-04-07

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Unlimited Searches
Weekly Updates on New Laws
Access to 5,345,848 Global Laws from 110 Countries
View the Original Law Side-by-Side with the Translation

Subscribe Now for only USD$40 per month.

Traffic

2005-26

TRAFFIC ACT 2005

Principal Act

Act. No. 2005-26 Commencement (LN. 2005/063) 7.4.2005

Assent 29.3.2005

Amending

enactments

Relevant current

provisions

Commencement

date

Act. 2011-18 ss. 44(4), 89(1)(j) & (2), 92, 97, 98A,

98(2), 101(c) & 104

14.7.2011

LN. 2012/034 ss. 31A, 59, 59A, 60(3), 60A & 61A 19.3.2012

“ ss. 2, 27, 29(1), (1A), (1B), 31, 31B,

32, 32A, 37, 60A-60D

19.1.2013

2013/006 s. 43(1) 19.1.2013

Act. 2013-20 s. 34(3) & (3A) 1.9.2013

English sources

None cited

EU Legislation/International Agreements involved:

Directive 2006/126/EC

Directive 2009/113/EC

Traffic

2005-26

ARRANGEMENT OF SECTIONS

Sections.

1. Short title and commencement.

PART I

PRELIMINARY

2. Interpretation.

3. Application to the Crown

4. Licensing authority.

PART II

TESTING, EXAMINATION AND INSPECTION

5. Designation of Test Centre.

6. Appointment of examiners.

7. Examination of motor vehicles and trailers.

8. Road side tests.

9. Tests of Compliance.

10. Suspension of licence.

11. Inspection of public service vehicles.

12. Testing of drivers.

13. Exclusion of liability of lenders.

PART III

REGULATION OF MOTOR VEHICLES AND DRIVERS

Registration and Licensing of Vehicles

14. Register of vehicle.

15. Registration.

16. Registration mark.

17. Penalties for not fixing or for obscuring mark.

18. Issue and exhibition of licences.

19. Period of licence.

20. Dealers licence.

21. Penalty for using vehicles without licence.

22. Using vehicle for purpose not authorised by licence.

Licensing of Drivers

23. Licensing authority to keep register.

24. Licensing of drivers.

Traffic

2005-26

25. Application for driving licence.

26. Requirements as to physical and mental fitness.

27. Requirements for granting of driving licence.

28. Disqualification.

29. No person to hold two licences.

30. Form and effect of driving licence.

31. Categories of licence and minimum ages.

31A. Conditions and restrictions.

31B. Staging and equivalences between categories.

32. Issue, validity and renewal of driving licences.

32A.

33. Production of licences.

34. Learners.

35. Services driving licences.

36. Suspension of licences

37. Renewal of licences.

38. Appeals.

39. Disqualification for offences and endorsement of convictions.

40. Provisions as to disqualifications and suspensions.

41. Provisions as to endorsements.

42. Meaning of “driving licence”.

43. Restriction on driving by young persons, etc.

44. Speed limit.

Provisions as to Driving and Offences in connection therewith

45. Causing death by reckless or dangerous driving of motor vehicles.

46. Careless driving.

47. Reckless or dangerous driving.

48. Power to convict of reckless or dangerous driving on trial for man-

slaughter.

49. Power to proceed on charge of careless driving on hearing of charge

for reckless driving.

50. Prohibition of motor racing and speed trials on roads.

51. Restriction on pillion riding.

52. Restriction on prosecutions under the preceding sections.

53. Duty to give name and address and to stop: power of arrest.

54. Accidents,

55. Restrictions on persons being towed by, getting on to or tampering

with motor vehicles.

56. Prohibition of motor vehicles not complying with regulations.

57. Regulations.

58. Exemption.

59. Recognition and exchange of EEA State driving licences.

59A. Recognition of EEA licences: minimum ages.

60. Exchangeable licences.

60A. Anti-forgery measures.

Traffic

2005-26

60B. Additional security features.

60C. Mutual assistance.

60D. Surrender of licences.

61. Regulations for facilitating international traffic.

61A. Entitlements not affected by Third Driving Licence Directive.

PART IV

DRINKING AND DRIVING

62. Driving, or being in charge, when under influence of drink or drugs.

63. Driving or being in charge of a motor vehicle with alcohol

concentration above prescribed limit.

64. Arrests on suspicion of having alcohol in the body.

65. Provision of specimens for analysis following arrest.

66. Choice of specimens of breath.

67. Protection for hospital patients.

68. Detention of persons affected by alcohol or a drug.

69. Use of specimens in proceedings for an offence under sections 62 or

63.

70. Documentary evidence as to specimens in such proceedings.

71. Discretionary disqualification.

72. Protection of officers in relation to the arrest of persons suspected of

being over the prescribed limit.

73. Interpretation of Part.

PART V

REGULATION OF HORSE-DRAWN VEHICLES

AND BICYCLES

74. Examination of vehicles.

75. Application to cyclists and to drivers of horse-drawn vehicles.

76. Regulations.

PART VI

TRAFFIC COMMISSION

77. Traffic Commission.

78. Functions of Commission.

79. Procedural powers of Commission.

Regulations

80. Regulations.

PART VII

STREETS AND HIGHWAYS

Traffic

2005-26

81. Powers of Commissioner of Police temporarily to prohibit or restrict

traffic on roads or public places.

82. Projections against or in front of houses, etc.

83. Traffic signs.

84. Traffic Wardens.

85. Penalty for neglect of traffic directions.

86. Duty of pedestrians to comply with traffic directions given by police

officers.

87. Leaving vehicles in a dangerous position.

88. Stretching of ropes, etc., across road.

89. Regulations.

90. Exemption from liability.

91. Traffic movement.

92. Fees for use of parking places.

93. Issue of directions for guidance of users of roads.

94. Dumping of abandoned motor vehicles.

PART VIII

GENERAL

95. Forgery, etc., of licences and certificates.

96. Duty to give information.

97. Punishment without prosecution of offences in connection with

obstruction, parking, etc.

98. General penalty.

98A. Conviction on the basis of evidence from camera or other recording

device.

99. Saving of rights.

100. Nuisances.

101. Regulations.

102. Repeal of Traffic Act.

103. Transitional provisions.

104. Traffic cameras.

SCHEDULE

Offences in Respect of which Disqualification or Endorsement may be

ordered.

Traffic

2005-26

NUMBERING REFERENCE TABLE

Numbering in

the 1957 Act

Numbering in

the 2005 Act

Numbering in

the 1957 Act

Numbering in

the 2005 Act

1 1 17 34

PART I PART I 18 35

2 2 19 36

2A 3 20 37

3 4 21 38

PART IA PART II 22 -

4 5 23 39

4A 6 24 40

4B 7 25 41

4C 8 26 42

4D 9 27 43

4E 10 28 44

4F 11 29 45

4G - 30 46

4H 12 31 47

4I 13 32 48

PART II PART III 33 49

5 14 34 -

6 15 35 -

7 16 36 50

8 17 37 51

9 18 38 52

10 19 39 53

11 20 40 54

12 - 41 55

13 21 42 56

14 22 43 -

15 23 44 57

16 24 45 58

16A 25 46 59

16B 26 - 60

16C 27 46A -

16D 28 46B -

16E 29 46C -

16F 30 46D -

16G 31 46E -

16H 32 46F -

16I 33 46G -

Traffic

2005-26

Numbering in

the 1957 Act

Numbering in

the 2005 Act

Numbering in

the 1957 Act

Numbering in

the 2005 Act

47 61 73 -

PART IIA PART IV 73A -

47A 62 73B -

47B 63 73C -

47C 64 73D -

47D 65 73E -

47E 66 73F -

47F 67 73G -

47G 68 73H -

47H 69 73I -

47J 70 73J -

47K 71 73K -

47L 72 73L -

47M 73 73M -

PART III PART V 74 -

48 - 75 -

49 74 76 -

50 - 76A -

51 75 77 TO 82 -

52 76 83 80

PART IV PART VI PART V PART VII

53 77 84 81

54 78 85 82

55 - 86 83

55A 79 87 84

56 - 88 85

57 - 89 86

58 - 90 87

59 - 91 88

60 - 92 89

61 - 93 90

61A - 94 91

62 - 95 92

63 - 96 93

64 - 96A 94

65 - PART VI PART VIII

66 - 97 95

67 - 98 96

68 - 99 97

69 - 100 98

70 - 101 -

Traffic

2005-26

Numbering in

the 1957 Act

Numbering in

the 2005 Act

Numbering in

the 1957 Act

Numbering in

the 2005 Act

71 - 104 101

72 - - 102

102 99 - 103

103 100 Schedule 1 Schedule

Traffic

2005-26

AN ACT TO CONSOLIDATE AND AMEND THE LAW RELATING TO

TRAFFIC.

Short title and commencement.

1. This Act may be cited as the Traffic Act 2005 and comes into operation

on the day appointed by the Government by notice in the Gazette.

PART I

PRELIMINARY

Interpretation.

2. In this Act, unless the context otherwise requires–

“bicycle” includes tricycle;

“Commission” means the Traffic Commission established by section 77;

“company” means a body corporate;

“contravention” in relation to any condition or provision, includes a

failure to comply with condition or provision, after “contravene”

shall be construed accordingly;

“Directive” means the Directive 2006/126/EC of the European

Parliament and of the Council of 20 December 2006 on driving

licences, as the same may be amended from time to time;

“driver” includes a person in control of a vehicle which is being towed

and where a separate person acts as steersman of a vehicle includes

that person as well as any other person engaged in the driving of

the vehicle and the expression “to drive” shall be construed

accordingly;

“EEA State” shall be construed in accordance with the provisions of the

European Communities Act;

“examiner” means a person appointed under section 6 to be an examiner

of drivers or of vehicles, and includes the Chief Examiner;

“European Union” shall be construed in accordance with the provisions

of the European Communities Act;

“goods vehicle” means a vehicle which is so constructed as to show that

its primary purpose is the carriage of goods or merchandise;

Traffic

2005-26

“highway” includes every place over which the public have a right of

way, or to which the public or any part of the public are granted

access, and every place where the motor traffic thereon is regulated

by a police officer;

“horse” includes a mule or donkey or any cattle when used for transport

purposes;

“the Inner City” means the area bounded on the North by a straight line

from the site of Waterport Gates to Willis’s Gate; on the East by a

straight line from Willis’s Gate to Flat Bastion Gate: on the South

by straight lines from Flat Bastion Gate to Prince Edward’s Gate,

thence to Southport Gate, thence to the nearest point of the Line

Wall; on the West by the Line Wall from the point aforesaid to the

site of Waterport Gates;

“International operation” means a road passenger transport operation or a

road haulage operation starting or terminating in Gibraltar and

involving an international journey by the vehicle concerned,

whether or not any driver leaves or enters Gibraltar with that

vehicle;

“load” includes passengers;

“moped” means a motorcycle which–

(a) cannot exceed 45 km/h;

(b) has a weight not exceeding 250 kg; and

capacity of not more than 50cc;

“motor cycle” means any two wheeled vehicle with a maximum design

speed of over 50 km/h or, if powered by an internal combustion

engine, with a capacity of more than 50 cubic centimetres; and a

motor cycle and sidecar combination shall be treated in the same

way as such a vehicle and “tricycle” and “quadricycle” mean

respectively any three or four wheeled vehicle in category, B (as

specified in section 31) with a maximum design speed of over 50

km/h, or powered by a spark-ignition internal combustion engine

with a capacity of more than 50 cubic centimetres or any other

engine of equivalent power provided that the unladen mass of such

a powered vehicle shall not exceed 550 kilograms and the unladen

mass of such a vehicle which is electrically propelled shall not for

the purposes of this provision take account of the battery mass;

Traffic

2005-26

“motor tractor” means any mechanically propelled vehicle not being

itself constructed to carry any load other than water, fuel,

accumulators and other loose equipment used for the purposes of

propulsion, loose tools and loose equipment;

“motor vehicle” means any vehicle propelled by mechanical power and

constructed for use on roads and not on rails or specially prepared

ways and any other vehicle of a class declared by regulations under

this Act to be motor vehicles;

“omnibus” means a public service vehicle constructed to carry more than

eight passengers exclusive of the driver;

“owner” in relation to a vehicle which is the subject of a hiring agreement

or a hire purchase agreement or a bill of sale, includes a person in

possession of the vehicle under that agreement or in apparent

possession of the vehicle under that bill of sale;

“private motor vehicle” means a motor vehicle other than a goods

vehicle, motor tractor or public service vehicle;

“public service vehicle” means a motor vehicle used for carrying

passengers for hire or reward;

“road” means any highway and any other road to which the public has

access and includes bridges over which a road passes and (without

restricting the meaning of the foregoing definition for the purposes

of any other section or any subsidiary legislation ) for the purposes

of sections 24, 45, 46, 47, 62 and 63 includes any road belonging to

the Crown to which the public have or are permitted access;

“self-drive car” means a private motor vehicle or goods vehicle falling

within Category B which is let out for hire or reward, on terms that

the hirer shall drive it or be responsible for supplying the driver, but

does not include a private motor or good vehicle let out for hire

where the true intention of the parties is that it shall or may be

purchased by the hirer;

“Services vehicle” means a motor vehicle owned and used by the

Ministry of Defence and not used except for the purposes of the

Ministry of Defence;

“trailer” means a vehicle without motive power other than a side-car

attached to a motor cycle designed solely or principally for the

carriage of persons or goods and drawn by a motor vehicle.

Traffic

2005-26

Application to the Crown.

3.(1) Parts I, III, IV (in so far as it relates to bicycles), VII and VIII shall,

subject as hereinafter in this Act provided, apply to vehicles and persons in

the service of the Crown and for the purpose of proceedings for an offence

in connection with any such vehicle against any person other than the driver

of the vehicle, the person nominated in that behalf by the department in

whose service the vehicle is used shall be deemed to be the person actually

responsible, unless it is shown to the satisfaction of the court that the driver

only was responsible.

(2) Part II shall, in so far as it relates to the examination of motor vehicles

and trailers, bind the Crown in right of the Government of Gibraltar but

shall not bind the Crown in right of the Government of the United Kingdom.

Licensing authority.

4. The licensing authority for the purposes of this Act shall be a public

officer designated from time to time by the Government by notice in the

Gazette.

PART II

TESTING, EXAMINATION

AND INSPECTION

Designation of Test Centre.

5.(1) The licensing authority may from time to time by notice designate a

place, to be known as the Motor Vehicles Test Centre, as a place for the

examination of motor vehicles and trailers, and may, if he considers it

necessary or desirable, designate any other place or places for the like

purpose.

(2) The licensing authority shall be responsible for providing and

maintaining the apparatus needed for the examination of vehicles.

Appointment of examiners.

6.(1) The licensing authority may from time to time by order published in

the Gazette, appoint a Chief Examiner and as many additional examiners as

that authority may think necessary for the testing and examination of drivers

and vehicles.

(2) Each examiner shall be professionally competent to oversee correctly

the candidate’s ability to drive.

Traffic

2005-26

(3) The licensing authority shall monitor the work of the examiners to

ensure correct and consistent application of the fault assessment of the

standards required of candidates for examination.

Examination of motor vehicles and trailers.

7.(1) The Government may make regulations requiring the examination of

motor vehicles and trailers of all or any classes, to ascertain whether they

comply with the requirements of this Act and of any regulations made

thereunder for the time being in force relating to the construction and

condition of motor vehicles and trailers or their accessories or equipment

and providing for the issue of roadworthiness certificates in respect of

vehicles which are found to comply with those requirements.

(2) Regulations made under subsection (1) may–

(a) provide for initial examinations and for annual or other

periodical examinations thereafter;

(b) provide for the issue and validity of roadworthiness certificates;

(d) provide for the re-examination of vehicles that are found not to

comply with the prescribed conditions;

(e) provide for the reporting of alterations to vehicles and

reexamination on account thereof;

(f) prescribe the fees to be paid to the licensing authority in respect

of the initial, annual or periodical examinations or any re-

examinations;

(g) provide for appeals from any decision or requirement of an

examiner;

(h) prescribe penalties for failure to comply with the regulations or

any requirement lawfully made under them.

Road side tests.

8.(1) The Government may make regulations empowering any police

officer in uniform, who has reason to suspect that a motor vehicle or dealer

being used on a road may, by reason of some defect, be unfit for the purpose

for which it is licensed, to require the driver of the vehicle to stop it for

examination.

Traffic

2005-26

(2) Regulations made under subsection (1) may–

(a) empower the police officer, either alone or together with an

examiner, to examine the vehicle;

(b) empower the police officer or examiner to require the owner of

the vehicle to have such defects as may be found in the vehicle

remedied within such time as may be prescribed;

police officer or examiner;

(d) prescribe penalties for failure to comply with the regulations or

any requirement lawfully made under them.

Tests of compliance.

9.(1) If either the licensing authority or the Commissioner of Police has

reasonable suspicion that the requirements imposed by law (whether

generally or at specified times or in specified circumstances) as to brakes,

silencers, steering gear, tyres and lighting equipment and reflectors are not

complied with as respects any motor vehicle, he may, by order in writing,

require the owner to apply at the Motor Vehicle Test Centre for the

certificate of an examiner that the vehicle does comply with those

requirements.

(2) A person who fails without reasonable excuse to comply with an order

issued under subsection (1) is guilty of an offence and is liable on summary

conviction to a fine at level 1 on the standard scale.

Suspension of licence.

10.(1) If, on the examination of a motor vehicle under section 8 or 9, it

appears to the examiner that the vehicle, owing to some defect, is unfit for

use, he may, by notice in writing given to the owner of the vehicle, suspend

the motor vehicle licence for that vehicle.

(2) A copy of the notice of suspension issued under subsection (1) shall be

served forthwith on the Commissioner of Police.

(3) Where the examiner is satisfied that the defects in a vehicle do not

create an immediate risk to public safety, he may issue a notice under

subsection (1) but endorse it to come into operation at some future date.

(4) The examiner shall lift the suspension as soon as he is satisfied that the

defects have been remedied, and shall give notice that the suspension has

been lifted to the owner of the vehicle and to the Commissioner of Police.

Traffic

2005-26

Inspection of public service vehicles.

11.(1) A police officer of or above the rank of sergeant, in uniform, shall be

entitled–

(a) to enter and inspect any public service vehicle, and for that

purpose to require any such vehicle to be stopped;

(b) at any time require a public service vehicle to be submitted to

an examiner within such period as he may specify;

circumstances of the case, enter any premises on which he has

reason to believe that a public service vehicle is kept.

(2) A person who obstructs a police officer in the performance of his duty

under this section or, when required to do so, fails to stop a vehicle or fails

to submit a vehicle to an examiner within the period specified is guilty of an

offence.

Testing of drivers.

12.(1) The Government may by regulations prescribe tests of competence to

drive motor vehicles of any category or categories, and such regulations may

prescribe the nature of the tests to be taken and the manner in which the

results of such tests are to be evidenced, and without prejudice to the

generality of the foregoing, regulations made under this section may require

a person submitting himself for a test-

(a) to provide a suitable vehicle for the purpose of the test; and

(b) to pay to the licensing authority such fee as may be prescribed,

and the regulations may specify different fees in respect of tests

of competence to drive vehicles of different categories.

(2) Regulations made under subsection (1) may provide that no person

shall take a test of competence to drive a motor vehicle of any category

unless he has first undergone such examination as may be prescribed

regarding his physical and mental fitness to drive.

Exclusion of liability of lenders.

13.(1) This section shall apply to any lender.

(2) No provision of this Act shall be construed as placing on a lender

liability for any act or omission contrary to the provisions of this Act, where

Traffic

2005-26

that act or omission involves a motor vehicle, which was in the possession

or apparent possession of a person other than that lender.

(3) In this section–

“lender” means a person who contributes funds to another person in the

form of a loan or overdraft for the purchase by that other person of

a motor vehicle: and a reference to a lender shall be construed as

including a reference to a person who offers for hire a motor

vehicle under a hire purchase agreement;

“hire purchase agreement” shall be construed in accordance with the Hire

Purchase Act; and

“motor vehicle” means a motor vehicle purchased with funds contributed

by a lender.

PART III

REGULATION OF MOTOR VEHICLES AND DRIVERS

Registration and Licensing of Vehicles

Register of Vehicles.

14.(1) The licensing authority shall keep a register of all motor vehicles

licensed by him under the provisions of this Act.

(2) Any person may inspect the register on payment of the prescribed fee

and may require a copy of or extract from the register to be certified by the

licensing authority on payment of the prescribed fee.

(3) A certificate of registration or a copy of or extract from the register

duly certified to be a true copy or extract under the hand of the licensing

authority shall in all legal proceedings civil or criminal be received in

evidence.

Registration.

15.(1) On the first issue of a licence under this Act for a motor vehicle, it

shall be the duty of the licensing authority to register the vehicle in the

prescribed manner without any further application on that behalf by the

person taking out the licence and to assign to the vehicle a registration mark

indicating the registered number of the vehicle.

(2) The Government may make regulations with respect to the registration

of motor vehicles and in particular–

Traffic

2005-26

(a) requiring any person to or by whom a motor vehicle is sold or

disposed of to furnish the prescribed particulars in the

prescribed manner;

(b) providing for the issue of a certificate of registration in respect

of the registration of any motor vehicle for the fees to be

charged therefor and for the surrender and production, and the

inspection by the prescribed persons, of any certificate so

issued;

a change of possession of a motor vehicle or in the place of any

such certificate which may be lost or destroyed, and for the fee

to be paid on the issue of a new certificate; and

(d) providing for the cancellation of registration of any vehicle

destroyed or permanently removed from Gibraltar or which has

remained unlicensed for a specified period,

and such regulations may make different provisions in relation to Services

vehicles and vehicles other than Services vehicles.

(3) The registered owner of a motor vehicle shall forthwith notify the

licensing authority of any circumstance or event which affects the accuracy

of any entry in the register relating to the vehicle.

(4) A person who is required by virtue of this Act to furnish particulars in

connection with a change of the registration of any motor vehicle and who

furnishes any particulars which to his knowledge are false or in any material

respect misleading, is guilty of an offence and is liable on summary

conviction to imprisonment for three months or to a fine at level 1 on the

standard scale.

Registration marks.

16.(1) The registration marks assigned to a motor vehicle in accordance

with section 15 shall be fixed on the vehicle or on any other vehicle drawn

by that vehicle or on both in the prescribed manner.

(2) A person who fraudulently alters or uses or fraudulently lends or

allows to be used by any other person any registration mark to be affixed on

a motor vehicle in accordance with this section is guilty of an offence and is

liable on summary conviction to imprisonment for six months or to a fine at

level 1 on the standard scale.

Penalties for not fixing or for obscuring marks.

Traffic

2005-26

17.(1) If any mark to be fixed on a vehicle in accordance with section 16 is

not so fixed the person driving the vehicle on a road is guilty of an offence:

Provided that it shall be a defence for a person charged under this subsection

with failing to fix a mark to prove that he had no reasonable opportunity of

registering the vehicle and that the vehicle was being driven on the road for

the purpose of being so registered.

(2) If any mark fixed on a vehicle as aforesaid is in any way obscured or

rendered or allowed to become not easily distinguishable the person driving

the vehicle is guilty of an offence against this section:

Provided that it shall be a defence for a person charged with an offence

under this section to prove that he took all steps reasonably practicable to

prevent the mark being obscured or not easily distinguishable.

(3) A person guilty of an offence against this section is liable on summary

conviction–

(a) in respect of the first offence to a fine at level 1 on the standard

scale;

(b) in respect of a second or subsequent offence to a fine at level 2

on the standard scale.

Issue and exhibition of licences.

18.(1) Save in the case of a Services vehicle, an application for a motor

vehicle licence shall be made in the prescribed manner to the licensing

authority who shall subject to the provisions of this Act on receipt of the

prescribed fee issue to the applicant a motor vehicle licence in the

prescribed form:

Provided that–

(a) the licensing authority shall not issue a licence in respect of a

motor vehicle which has not previously been licensed in

Gibraltar unless he is satisfied that the import duty, if any, on

that vehicle has been paid;

(b) where any regulation for the time being in force made under

section 7 requires the examination of a motor vehicle, no

licence shall be issued on or after the 1st November 1998 in

respect of that vehicle unless a valid roadworthiness certificate

in respect of it is produced to the licensing authority.

Traffic

2005-26

(2) Subject to the provisions of this Act and any regulations made

thereunder relating to Services vehicles and dealers licences–

(a) every motor vehicle licence shall be issued in respect of the

vehicle specified in the application for the licence and shall not

entitle the person to whom it is issued to use any other vehicle;

and

(b) the licensing authority shall not be required to issue any licence

for which application is made unless he is satisfied–

(i) that the licence applied for is the appropriate licence for

the vehicle specified in the application;

(ii) that the vehicle complies with all such conditions as to

construction as may be prescribed.

(3) Services vehicles shall be licensed in the manner prescribed.

(4) Every motor vehicle licence shall be fixed to and exhibited on the

vehicle in respect of which it is issued in the prescribed manner.

Period of licence.

19. Every motor vehicle licence shall be valid for such period as may be

prescribed.

Dealers’ licence.

20.(1) If any person being a motor trader makes in the prescribed manner an

application to the licensing authority to take out a licence under this section

in respect of all motor vehicles used by him (in this Act referred to as a

dealers’ licence) in lieu of taking out a licence in respect of each vehicle

kept by him, the licensing authority may, subject to the prescribed

conditions issue to him a dealers’ licence on payment of the prescribed fee.

(2) The holder of a dealers’ licence shall not be entitled by virtue of that

licence to use more than one vehicle at anyone time except in the case of a

vehicle drawing a trailer and used for the prescribed purpose or to use any

vehicle for any purpose other than such purposes as may be prescribed.

(3) A dealers’ licence shall be valid for such period as may be prescribed.

(4) Nothing in this section shall operate to prevent a person entitled to take

out a dealers’ licence from holding more than one such licence, and different

fees may be prescribed in respect of the second or any subsequent licence

held by the same person.

Traffic

2005-26

(5) For the purposes of this section–

“motor trader” means a manufacturer or repairer of or dealer in motor

vehicles.

Penalty for using vehicle without licence.

21.(1) A person who drives or leaves standing, or being the owner permits

any other person to drive or leave standing, upon a road any motor vehicle

for which there is no licence valid under this Act or for which the licence is

suspended, is guilty of an offence and is liable on summary conviction to–

(a) a fine at level 1 on the standard scale; and

(b) a penalty equal to the annual fee chargeable in respect of a

licence for such vehicle.

(2) For the Purposes of this section, a licence shall be deemed to be

suspended if the owner of the vehicle, being under a duty to obtain a

roadworthiness certificate, fails to take all necessary steps to obtain a

roadworthiness certificate within the time prescribed by regulations made

under section 7 or if he has been refused a roadworthiness certificate.

(3) The Government may by regulations prescribe circumstances in which,

notwithstanding the provisions of this section, a motor vehicle may be

driven without a licence or while a licence is suspended.

Using vehicle for purpose not authorised by licence.

22. A person who knowingly uses a motor vehicle on a road for any

purpose not authorised by the terms of the licence issued in respect of the

vehicle under this Act is guilty of an offence and is liable on summary

conviction to a fine at level 1 on the standard scale.

Licensing of Drivers

Licensing authority to keep register.

23.(1) The licensing authority shall keep a register of all persons licensed

by him to drive motor vehicles under the provisions of this Act.

(2) Any person may on payment of the prescribed fee inspect the register

and require a copy or extract from the register to be certified under the hand

of the licensing authority.

Traffic

2005-26

(3) A copy of an entry in or an extract from the register certified to be a

true copy or extract by the licensing authority shall in all legal proceedings

civil and criminal be received in evidence.

Offence to drive unless licensed.

24.(1) Subject to the provisions of sections 34, 35 and 59 no person shall–

(a) drive a motor vehicle of any category upon a road unless he is

the holder of a driving licence valid in respect of that category;

(b) employ any other person to drive a motor vehicle of any

category upon a road unless that person is the holder of such a

driving licence.

(2) A person who contravenes the provisions of subsection (1) is guilty of

an offence.

Application for driving licence.

25.(1) An application for a driving licence shall be in such form as may be

prescribed and shall–

(a) specify the category or categories of vehicle which the

applicant wishes to be licensed to drive;

(b) contain a declaration–

(i) that he is not, under the provisions of this Act, ineligible

or disqualified from obtaining or holding the licence for

which he is applying;

(ii) that he is or is not, as the case may be, suffering from any

such disease or disability as may be specified in the

form;

(2) In any proceedings, the fact that a driving licence has been granted to a

person shall be evidence that that person, for the purpose of obtaining that

licence, made a declaration that he was not ineligible or disqualified from

obtaining or holding a licence.

(3) For the purposes of this section, “driving licence” includes a learner’s

licence and a Services driving licence.

Traffic

2005-26

Requirements as to physical and mental fitness.

26. (1) No driving licence shall be granted to any person who fails to meet

such standards of physical and mental fitness as may be prescribed by

regulations made by the Government.

(2) Regulations made under subsection (1) may set different standards of

fitness for drivers of vehicles of different categories.

27.Repealed

Disqualification.

28. No. driving licence shall be granted to any person who is disqualified

from obtaining or holding a licence–

(a) under the provisions of this Part, by reason of a conviction; or

(b) under an order of a court made under this or any other Act.

No person to hold two licences.

29. (1) The following provisions apply−

(a) no person may hold more than one driving licence;

(b) no driving licence shall be issued where it is established the

applicant already holds a driving licence.

(1A) The licensing authority shall take measures to ensure the

implementation of subsection (1)(b) and in the context of the issue,

replacement, renewal or exchange of a driving licence, and where the

licensing authority has reasonable grounds for believing that the applicant is

already the holder of a driving licence, the licensing authority shall verify

whether this is so by consulting other EEA States.

(1B) If the licensing authority establishes that a driving licence has been

issued contrary to subsection (1)(a) the licensing authority must cancel or

withdraw the driving licence and shall inform the person concerned.

(2) Sub-section (1) shall not prevent an exchange in accordance with

section 59 of a licence which at the time of exchange is valid and issued in

an EEA State.

Form and effect of driving licence.

Traffic

2005-26

30.(1) A driving licence shall be in such form as may be prescribed and

may authorise the driving of motor vehicles of any one or more of the

categories specific in section 31.

(2) A driving licence granted to a person who passed his test of

competence–

(a) when driving a vehicle with automatic transmission, shall be

limited to the driving of vehicles with automatic transmission;

(b) when driving a vehicle propelled by electrical power, shall be

limited to the driving of vehicles so powered,

but nothing in this subsection shall be deemed to prevent a person who

passed a test of competence driving a vehicle of which the transmission is

manually controlled, from driving such vehicles and also vehicles with

automatic transmission and vehicles propelled by electrical power.

(3) A driving licence granted to a person who passed his test of

competence driving a special kind of vehicle, which in the opinion of the

examiner did not show that such person was competent to drive all vehicles

falling within one of the categories specified in section 31, shall be limited

to the driving of that particular kind of vehicle.

Categories of licence and minimum ages.

31.(1) A driving licence issued under this Act shall authorise the driving of

power-driven vehicles in the categories defined hereafter, and may be issued

from the minimum age indicated for each category; and for these purposes, a

“power-driven vehicle” means any self-propelled vehicle running on a road

under its own power, other than a rail-borne vehicle–

Mopeds−

Category AM:

(i) Two-wheel vehicles or three-wheel vehicles with a

maximum design speed of not more than 45 km/h, as

defined in Article 1(2)(a) of Directive 2002/24/EC of the

European Parliament and of the Council of 18 March

2002 relating to the type-approval of two or three-wheel

motor vehicles (excluding those with a maximum design

speed under or equal to 25 km/h), and light quadricycles

as defined in Article 1(3)(a) of Directive 2002/24/EC;

(ii) the minimum age for category AM is 18 years;

Traffic

2005-26

Motorcycles with or without a sidecar and motor tricycles–

for these purposes “motorcycle” means two-wheel vehicles with or

without a sidecar, as defined in Article 1(2)(b) of Directive

2002/24/EC, and

“motor tricycle” means vehicles with three symmetrically arranged

wheels, as defined in Article 1(2)(c) of Directive 2002/24/EC.

Category A1−

(i) motorcycles with a cylinder capacity not exceeding 125

cubic centimetres, of a power not exceeding 11 kW and

with a power/weight ratio not exceeding 0,1 kW/kg,

(ii) motor tricycles with a power not exceeding 15 kW,

and the minimum age for category A1 is 18 years;

Category A2−

(i) motorcycles of a power not exceeding 35 kW and with a

power/weight ratio not exceeding 0,2 kW/kg and not

derived from a vehicle of more than double its power,

(ii) the minimum age for category A2 is 18 years;

Category A−

(i) motorcycles. The minimum age for category A is 20

years. However, access to the driving of motorcycles of

this category shall be subject to a minimum of two years’

experience on motorcycles under an A2 licence. This

requirement as to previous experience shall be waived if

the candidate is at least 24 years old.

(ii) motor tricycles with a power exceeding 15 kW. The

minimum age for motor tricycles exceeding 15 kW is 21

years.

Motor vehicles as follows–

Category B−

motor vehicles with a maximum authorised mass not exceeding 3,500 kg

and designed and constructed for the carriage of no more than eight

passengers in addition to the driver; motor vehicles in this category may be

Traffic

2005-26

combined with a trailer having a maximum authorised mass which does not

exceed 750 kg, as follows−

(i) vehicles in this category may be combined with a trailer

with a maximum authorised mass exceeding 750 kg,

provided that the maximum authorised mass of this

combination does not exceed 4,250 kg. In case such a

combination exceeds 3,500 kg, the Government shall

require in accordance with the provisions of Schedule 9

of the Traffic (Licensing and Registration) Regulations,

that this combination is only driven after training has

been completed, or a test of skills and behaviour has

been passed or both.

(ii) EEA States shall indicate the entitlement to drive such a

combination on the driving licence by means of the

relevant Community code. The minimum age for

category B is 18 years;

Category BE−

(i) combination of vehicles consisting of a tractor vehicle in

category B and a trailer or semi-trailer where the

maximum authorised mass of the trailer or semi-trailer

does not exceed 3,500 kg.

(ii) The minimum age for category BE is 18 years;

Category C1−

motor vehicles other than those in categories D1 or D, the maximum

authorised mass of which exceeds 3,500 kg, but does not exceed 7,500 kg,

and which are designed and constructed for the carriage of no more than

eight passengers in addition to the driver; motor vehicles in this category

may be combined with a trailer having a maximum authorised mass not

exceeding 750 kg;

Category C1E−

(i) combinations of vehicles where the tractor vehicle is in

category C1 and its trailer or semi-trailer has a maximum

authorised mass of over 750 kg provided that the

authorised mass of the combination does not exceed

12,000 kg,

(ii) combinations of vehicles where the tractor vehicle is in

category B and its trailer or semi-trailer has an authorised

Traffic

2005-26

mass of over 3,500 kg, provided that the authorised mass

of the combination does not exceed 12,000 kg,

and without prejudice to the provisions of the Traffic (Drivers’

Qualifications and Training) Regulations 2008, the minimum age for

categories C1 and C1E is 18 years;

Category C−

motor vehicles other than those in categories D1 or D, whose maximum

authorised mass is over 3,500 kg and which are designed and constructed for

the carriage of no more than eight passengers in addition to the driver; motor

vehicles in this category may be combined with a trailer having a maximum

authorised mass which does not exceed 750 kg;

Category CE−

combinations of vehicles where the tractor vehicle is in category C and its

trailer or semi-trailer has a maximum authorised mass of over 750kg;

and without prejudice to the provisions of the Traffic (Drivers’

Qualifications and Training) Regulations 2008, the minimum age for

categories C and CE is 21 years;

Category D1−

motor vehicles designed and constructed for the carriage of no more than 16

passengers in addition to the driver and with a maximum length not

exceeding 8 m; motor vehicles in this category may be combined with a

trailer having a maximum authorised mass not exceeding 750 kg;

Category D1E−

combinations of vehicles where the tractor vehicle is in category D1 and its

trailer has a maximum authorised mass of over 750 kg,

and without prejudice to the provisions of the Traffic (Drivers’

Qualifications and Training) Regulations 2008, the minimum age for

categories D1 and D1E is 21 years;

Category D−

motor vehicles designed and constructed for the carriage of more than eight

passengers in addition to the driver; motor vehicles which may be driven

with a category D licence may be combined with a trailer having a

maximum authorised mass which does not exceed 750 kg;

Traffic

2005-26

Category DE−

combinations of vehicles where the tractor vehicle is in category D and its

trailer has a maximum authorised mass of over 750 kg,

and without prejudice to the provisions of the Traffic (Drivers’

Qualifications and Training) Regulations 2008, the minimum age for

categories D and DE is 24 years.

Category F−

motor vehicles designed, constructed and used for the purpose of trench

digging or any kind of excavating or shovelling work;

Category G−

motor vehicles designed and constructed as mobile cranes;

Category H−

road rollers;

Category I−

motor vehicles of any description not included in categories A to D and F to

Category J−

motor vehicles categories F weight exceeding 750 kg.

(2) Subject to the agreement of the European Commission, the

Government may make regulations excluding from the application of this

section certain specific types of power-driven vehicle such as special

vehicles for disabled persons.

(3) The Government may by regulations exclude from the application of

this section vehicles used by, or under the control of, the armed forces and

civil defence.

(4) Notwithstanding subsection (1), in the case of−

(a) vehicles used by the fire service and vehicles used for

maintaining public order; and

Traffic

2005-26

(b) vehicles undergoing road tests for repair or maintenance

purposes,

the minimum age for category C shall be 18 years and for category D 21

years.

(5) References in this Act to categories of driving licence shall be

construed as a reference to the driving licence categories set out in this

section.

(6) For the purpose of this section, “motor vehicle” means any power-

driven vehicle, which is normally used for carrying persons or goods by road

or for drawing, on the road, vehicles used for the carriage of persons or

goods. This term includes trolleybuses, that is to say, vehicles connected to

an electric conductor and not rail-borne, but not agricultural or forestry

tractors, that is to say, any power-driven vehicle running on wheels or

tracks, having at least two axles, the principal function of which lies in its

tractive power, which is specially designed to pull, push, carry or operate

certain tools, machines or trailers used in connection with agricultural or

forestry operations, and the use of which for carrying persons or goods by

road or drawing, on the road, vehicles used for the carriage of persons or

goods is only a secondary function.

Conditions and restrictions.

31A.(1) Driving licences issued under this Act shall state the conditions

under which the driver is authorised to drive.

(2) If, because of a physical disability, driving is authorised only for

certain types of vehicle or for adapted vehicles, the test of skills and

behaviour required under this Act shall be taken in such a vehicle.

Staging and equivalences between categories.

31B.(1) The issue of driving licences is subject to the following conditions−

(a) licences for categories C1, C, D1 and D shall be issued only to

drivers already entitled to drive vehicles in category B;

(b) licences for categories BE, C1E, CE, D1E and DE shall be

issued only to drivers already entitled to drive vehicles in

categories B, C1, C, D1 and D respectively.

(2) The validity of driving licences shall be determined as follows−

(a) licences granted for categories C1E, CE, D1E or DE shall be

valid for combinations of vehicles in category BE;

Traffic

2005-26

(b) licences granted for category CE shall be valid for category DE

as long as their holders are entitled to drive vehicles in category

combinations of vehicles in categories C1E and D1E

respectively;

(d) licences granted for any category shall be valid for vehicles in

category AM, but if there is a practical test as a condition for

obtaining category AM the equivalences shall be limited to

categories A1, A2 and A;

(e) licences issued for category A2 shall also be valid for category

A1;

(f) licences granted for categories A, B, C or D shall be valid for

categories A1, A2, B1, C1, or D1 respectively.

(3) Subject to prior consultation with the European Commission, the

Government may make regulations authorising the driving in Gibraltar of−

(a) vehicles of category D1 (with a maximum authorised mass of

3,500 kg, excluding any specialised equipment intended for the

carriage of disabled passengers) by holders over 21 years old of

a driving licence for category B which was obtained at least

two years earlier provided that the vehicles are being used by

non-commercial bodies for social purposes and that the driver

provides his services on a voluntary basis;

(b) vehicles of a maximum authorised mass exceeding 3,500 kg by

holders over 21 years old of a driving licence for category B

which was obtained at least two years before, provided that the

main purpose of the vehicles is to be used only when stationary

as an instructional or recreational area, and that they are being

used by non-commercial bodies for social purposes and that

vehicles have been modified so that they may not be used either

for the transport of more than nine persons or for the transport

of any goods other than those strictly necessary for their

purposes.

Issue, validity and renewal of driving licences.

32.(1) Driving licences shall be issued only to those applicants−

Traffic

2005-26

(a) who have passed a test of skills and behaviour and a theoretical

test and who meet medical standards, in accordance with the

provisions of Schedules 4A and 4B of the Traffic (Licensing

and Registration) Regulations;

(b) who have passed a theory test only as regards category AM,

unless the Government has made regulations that−

(i) require applicants to pass a test of skills and behaviour

and a medical examination for this category; or

(ii) impose a distinctive test of skills and behaviour for

tricycles and quadricycles within this category,

and any regulations made may provide for the insertion in the

driving licence of a national code for the differentiation of

vehicles in category AM;

condition of having acquired a minimum of 2 years’ experience

on a motorcycle in category A1 or in category A2 respectively,

passed a test of skills and behaviour only, or completed a

training pursuant to Schedule 9 of the Traffic (Licensing and

Registration) Regulations;

(d) who have completed a training or passed a test of skills and

behaviour, or completed a training and passed a test of skills

and behaviour pursuant to Schedule 8 of the Traffic (Licensing

and Registration) Regulations as regards category B for driving

a vehicle combination as defined in section 31(4)(b);

(e) who have their normal residence in Gibraltar, or can produce

evidence that they have been studying in Gibraltar for at least

six months.

(2) The following provisions apply−

(a) licences issued for categories AM, A1, A2, A, B, B1 and BE

shall have an administrative validity of 15 years;

(b) licences issued for categories C, CE, C1, C1E, D, DE, D1, D1E

shall have an administrative validity of 5 years;

a driving licence to trigger a new administrative validity period

for another category or categories the licence holder is entitled

Traffic

2005-26

to drive, and any such regulations shall be in conformity with

the conditions laid down in this Act and the Directive;

(d) The presence of a microchip pursuant to regulation 80A of the

Traffic (Licensing and Registration) Regulations shall not be a

prerequisite for the validity of a driving licence and where a

driving licence contains a microchip, the loss or unreadability

of the microchip, or any other damage thereto, shall not affect

the validity of the driving licence.

(3) By regulations, and after the European Commission has been

consulted, the Government may apply to the issuing of driving licences such

national rules relating to conditions other than those referred to in the

Directive as it deems appropriate.

32A. Where the licensing authority establishes that a driving licence has

been issued but that the requirements set out in section 32 have not been

met, it shall cancel or withdraw the right to drive and shall notify the person

concerned.

Production of licences.

33. A person driving a motor vehicle on a road shall, on being so required

by any police officer, produce his driving licence for examination, and if he

fails to do so is guilty of an offence:

Provided that if, within five days after the production of his licence was so

required the holder of the licence produces it in person at a police station, he

shall not be convicted of an offence against this section.

Learners.

34.(1) For the purpose of enabling a person over the age of seventeen to

learn to drive a motor vehicle with a view to passing a prescribed test, the

licensing authority may, if so requested by such person and on payment of

such fee as may be prescribed, grant him a learner’s licence in the prescribed

form to drive a motor vehicle subject to such conditions and restrictions as

may be prescribed.

(2) The learner and the person accompanying him shall be jointly and

severally responsible for any offence against this Act which may be

committed by the learner unless such person accompanying the learner can

satisfy the court that he took all reasonable steps to avoid the commission of

the offence.

(3) Subject to subsection (3A), a learners licence shall remain in force for

a period of three months from the date of issue:

Traffic

2005-26

Provided that where the holder of a learner’s licence is disqualified from

holding or obtaining a driving licence his learner’s licence shall thereupon

cease to have effect.

(3A) A learner’s licence issued to a person who has obtained a CBT

Certificate under the Traffic (Compulsory Basic Test) Regulations 2013,

shall be valid for 15 months from the date of issue:

Provided that where the holder of a learner’s licence is disqualified from

holding or obtaining a driving licence his learner’s licence shall thereupon

cease to have effect.

(4) Any licence obtained under this section by a person who at the time of

obtaining it is disqualified from holding or obtaining a driving licence shall

be of no effect.

(5) If any person to whom a learner’s licence is granted fails to comply

with any of the conditions thereof he is guilty of an offence.

(6) Section 33 (under which a person driving a motor vehicle on a road

may be required by a police officer to produce his driving licence for

examination) shall have effect as if–

(a) the references to a driving licence therein included references

to a learner’s licence granted under the provisions of this

section; and

(b) the references therein to any person driving a motor vehicle

included references to any person accompanying and

supervising the holder of such a learner’s licence.

Services driving licences.

35.(1) Notwithstanding the provisions of section 24 it shall not be an

offence for any person to drive a Services vehicle in the execution of his

duty as a member of one of Her Majesty’s Forces or in the course of his

employment by any such Force if he is the holder of a Services driving

licence valid in respect of such vehicle issued to him in accordance with the

provisions of this section or is learning to drive Services vehicles in

accordance with the prescribed conditions.

(2) Subject to the provisions of subsection (3) of this section a Services

driving licence may be issued by the Officer Commanding any such Force,

or any officer authorised by him, to any member of or person employed in

such Force, who–

Traffic

2005-26

(a) has passed a test of competence to drive such category of

vehicle as the licence may authorise him to drive to the

satisfaction of an examiner appointed by the Governor; or

(b) holds a driving licence issued under the provisions of this Part.

(3) Notwithstanding anything in this section contained a person shall be

disqualified from obtaining a Services driving licence–

(a) while another Services driving licence granted to him under

this Act is in force;

(b) if he is by conviction under this Part or by an order of the court

thereunder or under any other Act for the time being in force

disqualified from holding or obtaining a driving licence.

(4) A Services driving licence shall be valid in respect only of such

category or categories of vehicle as may be endorsed thereon.

Suspension of licences.

36.(1) If it appears to the licensing authority that the holder of a driving

licence is suffering from any such physical or mental disease or disability as

is likely to cause the driving by him of a motor vehicle a source of danger to

the public, he may, by notice in writing to such person, suspend the licence.

(2) A person whose licence has been suspended under subsection (1) shall

be entitled to submit himself for medical examination as may be prescribed

and if, at such examination, he is found to be of the required standard of

fitness, the licensing authority shall, by notice in writing, lift the suspension.

(3) If the person whose licence was suspended is not found to be of the

required standard of fitness, the licensing authority shall, by notice in

writing, revoke the licence.

(4) A copy of any notice given under this section shall forthwith be served

on the Commissioner of Police.

Renewal of licences.

37. (1) The renewal of driving licences on expiry shall be subject to the

following provisions−

(a) continuing compliance with the minimum standards of physical

and mental fitness for driving set out in Annex III for driving

licences in categories C, CE, C1, C1E, D, DE, D1, D1E; and

Traffic

2005-26

(b) normal residence in Gibraltar, or evidence that applicants have

been studying in Gibraltar for at least six months.

(2) When renewing driving licences in categories AM, A, A1, A2, B, B1

and BE, the licensing authority may require an examination applying the

minimum standards of physical and mental fitness for driving set out in

Schedule 4A of the Traffic (Licensing and Registration) Regulations.

(3) The Government may, by regulations, limit the period of

administrative validity set out in section 32(2) of driving licences issued to

novice drivers for any category in order to apply specific measures to such

drivers, aiming at improving road safety.

(4) The Government may, by regulations, limit the period of

administrative validity of the first licence issued to novice drivers for

categories C and D to 3 years in order to be able to apply specific measures

to such drivers, so as to improve their road safety.

(5) The Government may, by regulations, limit the period of

administrative validity set out in section 32(2) of individual driving licences

for any category in case it is found necessary to apply an increased

frequency of medical checks or other specific measures such as restrictions

for traffic offenders.

(6) The Government may, by regulations, reduce the period of

administrative validity set out in section 32(2) of driving licences of holders

residing on their territory having reached the age of 50 years in order to

apply an increased frequency of medical checks or other specific measures

such as refresher courses, but such reduced period of administrative validity

can only be applied upon renewing the driving licence.

Appeals.

38. A person aggrieved by–

(a) the refusal of the licensing authority to grant him a driving

licence;

(b) the refusal of the licensing authority to renew a driving licence;

(d) the revocation by the licensing authority of a driving licence,

may, within 21 days of the date of such refusal, suspension or revocation,

appeal to the magistrates’ court and on any such appeal the court may make

Traffic

2005-26

such order as it thinks fit and such order shall be binding on the licensing

authority.

Disqualification for offences and endorsement of convictions.

39.(1) Any court before which a person is convicted of any offence

specified in the Schedule–

(a) may in any case, and shall when so required by this Part, order

him to be disqualified from holding or obtaining a driving

licence for such period as the court thinks fit; and

(b) may, in any case and shall where a person is by virtue of a

conviction disqualified from holding or obtaining a driving

licence, or where an order so disqualifying any person is made

or when so required by this Part order that particulars of the

conviction and of any disqualification to which the convicted

person has become subject shall be endorsed on any driving

licence held by the offender:

Provided that if the court thinks fit, any disqualification under this section,

other than a disqualification for an offence under section 62 or 63, may be

limited to the driving of a motor vehicle of the same category or description

as the vehicle in relation to which the offence was committed.

(2) Any person who by virtue of an order of a court or of a conviction

under this Act is disqualified from holding or obtaining a driving licence

may appeal against the order in the same manner as against a conviction,

and the court may if it thinks fit, pending the appeal, suspend the operation

of the order.

Provisions as to disqualifications and suspensions.

40.(1) Where a person who is the holder of a driving licence is disqualified

from obtaining or holding a licence by reason of a conviction or under an

order of court, the driving licence shall be suspended so long as the

disqualification continues in force.

(2) A driving licence suspended by virtue of this Part shall during the time

of suspension be of no effect.

(3) Any person who by virtue of a conviction or order under this Act is

disqualified from holding or obtaining a driving licence may at any time

after the expiration of whichever is relevant of the following periods from

the date of the conviction or order, that is to say–

(a) six months, if the disqualification is for less than a year;

Traffic

2005-26

(b) one half of the period of the disqualification if it is for less than

six years but not less than a year;

apply to the court by which he was convicted or by which the order was

made to remove the disqualification, and on any such application the court

may, as it thinks proper having regard to the character of the person

disqualified and his conduct subsequent to the conviction or order, the

nature of the offence, and any other circumstances of the case, either by

order remove the disqualification as from such date as may be specified in

the order or refuse the application:

Provided that where an application under this subsection is refused, a further

application thereunder shall not be entertained if made within three months

after the date of refusal:

And provided further that in determining the expiration of the period for

which a person is disqualified or after which a person may apply for the

removal of such disqualification for the purposes of this subsection any time

after the conviction during which the disqualification was suspended shall

be disregarded.

If the court orders a disqualification to be removed the court shall cause

particulars of the order to be endorsed on the licence, if any, previously held

by the applicant.

(4) A person disqualified by virtue of a conviction under this Act may

appeal against the disqualification in the same manner as against a

conviction and the court by or before whom he was convicted may, if it

thinks fit, pending the appeal suspend the disqualification.

(5) If any person who under the provisions of this Part is disqualified from

holding or obtaining a driving licence applies for or obtains a driving licence

while he is so disqualified, or if any such person while he is so disqualified

drives a motor vehicle, or, if the disqualification is limited to the driving of

a motor vehicle of a particular category or description, a motor vehicle of

that category or description, on a road, he is guilty of an offence and is liable

on summary conviction to imprisonment for six months or if the court

thinks that, having regard to the special circumstances of the case, a fine

would be an adequate punishment for the offence, to a fine at level 2 on the

standard scale, or to both such imprisonment and such fine, and a driving

licence obtained by any person disqualified as aforesaid shall be of no effect.

Traffic

2005-26

(6) Notwithstanding any enactment prescribing the time within which

proceedings may be brought before the magistrates’ court, proceedings for

an offence under subsection (5) may be brought–

(a) within a period of six months from the date of the commission

of the alleged offence; or

(b) within a period which exceeds neither three months from the

date on which it came to the knowledge of the prosecutor that

the offence had been committed nor one year from the date of

the commission of the offence,

whichever period is the longer.

(7) For the purposes of this section, references to orders and convictions

under this Part include references to orders and convictions under the

corresponding provisions of any enactment repealed by this Act.

Provisions as to endorsements.

41.(1) An order that the particulars of any conviction or of any

disqualification to which the convicted person has become subject are to be

endorsed on any driving licence held by the offender shall, whether the

offender is at the time the holder of a driving licence or not, operate as an

order that any driving licence he may then hold or may subsequently obtain,

shall be so endorsed until he becomes entitled under the provisions of this

section to have a driving licence issued to him free from endorsements.

(2) Where an order is made requiring any driving licence held by an

offender to be endorsed, then–

(a) if the offender is at the time the holder of a driving licence, he

shall, if so required by the court, produce the driving licence

within five days or such longer time as the court may determine

for the purpose of endorsement; and

(b) if he is not then the holder of a driving licence, but

subsequently obtains a driving licence, he shall within five days

after so obtaining the driving licence produce it to the court for

the purpose of endorsement,

and if he fails to do so, is guilty of an offence; and if the driving licence is

not produced for the purpose of endorsement within such time as aforesaid,

it shall be suspended from the expiration of such time until it is produced for

the purpose of endorsement.

Traffic

2005-26

(3) On the issue of a new driving licence to any person, the particulars

endorsed on any previous driving licence held by him shall be copied on to

the new driving licence unless he has previously become entitled under the

provisions of this section to have a driving licence issued to him free from

endorsements.

(4) If any person whose driving licence has been ordered to be endorsed

and who has not previously become entitled under the provisions of this

section to have a driving licence issued to him free from endorsement

applies for or obtains a driving licence without giving particulars of the

order, he is guilty of an offence and is liable on summary conviction to

imprisonment for three months or to a fine at level 1 on the standard scale,

and any driving licence so obtained shall be of no effect.

(5) Where a person in respect of whom an order has been made under this

Part, or the corresponding provisions of any Act repealed by this Act

requiring the endorsement of any driving licence held by him, has during a

continuous period of three years or upwards since the order was made had

no such order made against him, he shall be entitled, either on applying for

the grant of a driving licence under this Part, or, subject to payment of the

prescribed fee, and subject to surrender of any subsisting driving licence on

application at any time, to have issued to him a new driving licence free

from endorsements:

Provided that, in reckoning such period of three years any period during

which the person was by virtue of the order disqualified from holding or

obtaining a driving licence shall be excluded.

(6) Where a court orders particulars to be endorsed on a driving licence

held by any person, or where by a conviction or order of a court a person is

disqualified for holding or obtaining a driving licence, the court shall send

notice of the conviction or order to the licensing authority and, in a case

where a person is so disqualified, shall also on the production of the driving

licence for the purpose of endorsement retain the driving licence until the

disqualification has expired or been removed and the person entitled to the

driving licence has made a demand in writing for its return to him.

Where the disqualification to which a person has become subject is limited

to the driving of a motor vehicle of a particular category or description, the

court shall forthwith after the receipt of the driving licence endorse thereon

in the prescribed manner the category or description of vehicle which the

holder is not thereby authorised to drive.

(7) Where on an appeal against any such order the appeal is allowed, or

where any such conviction is quashed, the court by which the appeal is

allowed or the conviction is quashed shall send notice thereof to the

licensing authority.

Traffic

2005-26

(8) Particulars of a conviction endorsed on a driving licence may be

produced as prima facie evidence of the conviction.

Meaning of “driving licence.”

42. For the purposes of sections 39, 40 and 41 the expression “driving

licence” shall include a Services driving licence a licence issued by an EEA

State and an international driving permit.

Provisions as to Driving and Offences in connection therewith

Restriction on driving by young persons, etc.

43.(1) Save in the case of any person learning to drive in accordance with

the provisions of section 34 or of a person who having attained the

minimum age limit for the category of vehicle set out in Article 4(2) to (4)

of the Directive is the holder of a valid EEA driving licence, a person under

eighteen years of age shall not drive a motor vehicle on a road.

(2) A person who drives or causes or permits any other person to drive a

motor vehicle in contravention of this section is guilty of an offence.

(3) A person prohibited by this section by reason of his age from driving a

motor vehicle shall for the purposes of this Part be deemed to be

disqualified under the provisions of this Part from holding or obtaining a

driving licence.

Speed limit.

44.(1) A person who drives a motor vehicle on a road at a speed greater

than the speed prescribed by regulations made under this Act for such

vehicle or class of vehicle, or in respect of such road, is guilty of an offence

and is liable on summary conviction to a fine at level 1 on the standard scale

and in the case of a second or subsequent conviction to a fine of twice the

amount at level 1 on the standard scale:

Provided that the provisions of this section shall not apply in respect of the

driving of any vehicle on an occasion when it is being used for fire brigade,

ambulance or police purposes if the observance of those provisions would

be likely to hinder the use of the vehicle for the purpose for which it is being

used on that occasion.

(2) A first or second conviction under this section shall not render the

person convicted liable to be disqualified from holding or obtaining a

licence.

Traffic

2005-26

(3) A person prosecuted for an offence under this section shall not be

liable to be convicted solely on the evidence of one witness to the effect that

in the opinion of the witness the person prosecuted was exceeding the speed

permitted by this section.

(4) Notwithstanding subsection (3), a person prosecuted for an offence

under this section is liable to be convicted solely on the evidence of a

recording by a camera or such other electronic device as the Minister may

prescribe by notice in the Gazette.

Causing death by reckless or dangerous driving of motor vehicles.

45.(1) A person who causes the death of another person by the driving of a

motor vehicle on a road recklessly, or at a speed or in a manner which is

dangerous to the public, having regard to all the circumstances of the case,

including the nature, condition and use of the road, and the amount of traffic

which is actually at the time, or which might reasonably be expected to be,

on the road, is guilty of an offence and is liable on conviction on indictment

to imprisonment for five years.

(2) Section 11 of the Coroner’s Act shall apply to an offence against this

section as it applies to manslaughter.

(3) If upon the trial of a person for an offence against this section the jury

are not satisfied that his driving was the cause of the death but are satisfied

that he is guilty of driving as mentioned in subsection (1) of this section it

shall be lawful for them to convict him of an offence against section 47

whether or not the requirements of section 52 (which relates to notice of

prosecution) have been satisfied as respects that offence.

Careless driving.

46.(1) A person who drives a motor vehicle on a road without due care and

attention or without reasonable consideration for other persons using the

road, is guilty of an offence and is liable on summary conviction to a fine at

level 2 on the standard scale and in the case of a second or subsequent

conviction to a fine twice the amount at level 2 on the standard scale and to

imprisonment for four months.

(2) A first or second conviction for an offence against this section shall not

render the offender liable to be disqualified from holding or obtaining a

driving licence for a longer period than in the case of a first conviction one

month or in the case of a second conviction three months:

Provided that when within the three years before the date on which he is

convicted for an offence under this section the offender has been convicted

for an offence against section 47 that conviction shall be treated for the

Traffic

2005-26

purposes of this subsection as if it had been a conviction for an offence

under this section.

Reckless or dangerous driving.

47.(1) A person who drives a motor vehicle on a road recklessly, or at a

speed or in a manner which is dangerous to the public having regard to all

the circumstances of the case including the nature, condition and use of the

road and the amount of traffic which is actually at the time or which might

reasonably be expected to be on the road, is guilty of an offence and is

liable–

(a) on summary conviction to a fine at level 3 on the standard scale

or to imprisonment for four months and in the case of a second

or subsequent conviction to a fine at level 3 on the standard

scale and to imprisonment for six months;

(b) on conviction on indictment to imprisonment for two years and

to a fine.

(2) The court shall order particulars of any such conviction to be endorsed

on any driving licence held by the person convicted.

(3) On a second or subsequent conviction under this section the convicting

court shall exercise the power conferred by this Part of ordering that the

offender shall be disqualified from holding or obtaining a driving licence for

a period of not less than nine months unless the court, having regard to the

lapse of time since the date of the previous or last previous conviction or for

any other special reason thinks fit to order otherwise, but this provision shall

not be construed as affecting the right of the court to exercise the power

aforesaid on a first conviction.

(4) Where a person is convicted of aiding, abetting, counselling or

procuring, or inciting the commission of an offence against this section, and

it is proved that he was present in the vehicle at the time of the commission

of the offence, the offence of which he is convicted shall, for the purpose of

the provisions of this Part relating to disqualification from holding or

obtaining driving licences, be deemed to be an offence in connection with

the driving of a motor vehicle.

Power to convict of reckless or dangerous driving on trial for

manslaughter.

48. Upon the trial of a person who is indicted for manslaughter in

connection with the driving of a motor vehicle by him, it shall be lawful for

the jury, if they are satisfied that he is guilty of an offence against section 47

Traffic

2005-26

to find him guilty of that offence whether or not the requirements of section

52 have been satisfied as respects that offence.

Power to proceed on charge of careless driving on hearing of charge for

reckless driving.

49.(1) When a person is charged before the magistrates’ court with an

offence against section 47 and the court is of the opinion that the offence is

not proved, then at any time during the hearing or immediately thereafter the

court may without prejudice to any other powers possessed by the court

direct or allow a charge for an offence against section 46 to be preferred

forthwith against the defendant and may proceed with that charge, so

however that he or his solicitor or barrister shall be informed of the new

charge and be given an opportunity whether by way of cross-examining any

witness whose evidence has already been given against the defendant or

otherwise, of answering the new charge and the court shall if it considers

that the defendant is prejudiced in his defence by reason of the new charge

being so preferred, adjourn the hearing.

(2) A defendant in whose case the requirements of section 52 have been

satisfied and do not apply as respects the alleged offence under section 47

may be convicted on a charge preferred under subsection (1) of this section

notwithstanding that those requirements have not been satisfied as respects

the alleged offence against section 46.

Prohibition of motor racing and speed trials on roads.

50.(1) A person who promotes or takes part in a race or trial of speed

between motor vehicles on a public highway, other than a race or trial

permitted by the Commissioner of Police, is guilty of an offence and is

liable on summary conviction to imprisonment for three months and to a

fine at level 1 on the standard scale.

(2) A person convicted of an offence against this section shall unless the

court for special reasons thinks fit to order otherwise and without prejudice

to the power of the court to order a longer period of disqualification, be

disqualified for a period of twelve months from the date of the conviction

for holding or obtaining a licence.

Restriction on pillion riding.

51.(1) It shall not be lawful for more than one person in addition to the

driver to be carried on any two wheeled motor cycle nor shall it be lawful

for any such one person to be so carried otherwise than on a proper seat

securely fixed to the cycle behind the driver’s seat.

Traffic

2005-26

(2) If any person is carried on any such cycle in contravention of the

provisions of this section, the driver of the cycle is guilty of an offence and

is liable on summary conviction in the case of the first conviction to a fine at

level 1 on the standard scale and in the case of a second or subsequent

conviction to a fine of twice the amount at level 1 on the standard scale.

Restriction on prosecutions under the preceding sections.

52. (1) Where a person is prosecuted for an offence under any of the

provisions of this Part relating respectively to the maximum speed at which

motor vehicles may be driven, to reckless and dangerous driving, and to

careless driving he shall not be convicted unless either–

(a) he was warned at the time the offence was committed that the

question of prosecuting him for an offence under some one or

other of the provisions aforesaid would be taken into

consideration; or

(b) within fourteen days of the commission of the offence a

summons for the offence was served on him; or

prosecution specifying the nature of the alleged offence and the

time and place where it is alleged to have been committed was

served on or sent by registered post to him or the person

registered as the owner of the vehicle at the time of the

commission of the offence:

Provided that–

(a) failure to comply with this requirement shall not be a bar

to the conviction of the accused in any case where the

court is satisfied that–

(i) neither the name and address of the accused

nor the name and address of the registered

owner of the vehicle, could with reasonable

diligence have been ascertained in time for a

summons to be served or sent as aforesaid; or

(ii) the accused by his own conduct contributed to

the failure; and

(b) the requirement of this section shall in every case be

deemed to have been complied with unless and until the

contrary is proved.

Traffic

2005-26

(2) This section shall not apply in relation to an offence if, at the time of

the offence or immediately thereafter, an accident occurs owing to the

presence on a road of the vehicle in respect of which the offence was

committed.

Duty to give name and address and to stop: power of arrest.

53.(1) If the driver of a motor vehicle who is alleged to have committed an

offence under the foregoing provisions of this Act as to reckless or

dangerous driving or careless driving refuses on being so required by any

person having reasonable ground for so requiring to give his name or

address or gives a false name or address, he is guilty of an offence.

(2) Any police officer may arrest without warrant the driver of any motor

vehicle who within his view commits any offence under the provisions of

this Act as to reckless or dangerous driving or careless driving, unless the

driver either gives his name and address or produces his driving licence for

examination.

(3) A person driving a motor vehicle on a road shall stop the vehicle on

being so required by a police officer in uniform and if he fails to do so is

guilty of an offence and is liable on summary conviction to a fine at level 1

on the standard scale.

Accidents.

54.(1) If in any case owing to the presence of a motor vehicle on a road an

accident occurs whereby damage or injury is caused to any person, vehicle,

property or animal, the driver of the vehicle shall stop and if required so to

do by any person having reasonable grounds for so requiring shall give his

name and address and also the name and address of the owner of the vehicle.

(2) If in the case of any such accident the driver of the motor vehicle for

any reason does not give his name and address to any such person as

aforesaid he shall report the accident at a police station or to a police officer

as soon as reasonably practicable and in any case within twenty-four hours

of the occurrence thereof.

(3) In this section, the expression “animal” means any horse, ox, ass,

mule, sheep, pig, goat, dog or monkey.

(4) A person who fails to comply with the provision of this section is

guilty of an offence.

Restrictions on persons being towed by, getting on to or tampering with

motor vehicles.

Traffic

2005-26

55. (1) If any person otherwise than with lawful authority or reasonable

cause takes or retains hold of or gets on to a motor vehicle or trailer while in

motion on any road for the purpose of being driven or carried, he is guilty of

an offence.

(2) If while a motor vehicle is on a road or on a parking place any person

otherwise than with lawful authority or reasonable cause gets on to or

tampers with the vehicle or any part thereof, he is guilty of an offence.

Prohibition of motor vehicles not complying with regulations.

56.(1) Subject to the provisions of this Act, it shall not be lawful to use on

any road a motor vehicle or trailer which does not comply with the

regulations applicable to the class or description of vehicles to which the

vehicle belongs and to the construction, weight and equipment thereof:

Provided that when any regulations made after the commencement of this

Act contain provisions varying the construction or weight of any class or

description of vehicles, provision shall be made by the regulations for

exempting for such period (not being less than five years) as may be

specified therein from the provisions aforesaid any vehicle of that class or

description registered under this Act before the expiration of one year from

the making of the regulations.

(2) If a motor vehicle is used on a road in contravention of this section any

person who so uses the vehicle or causes or permits the vehicle to be so used

is guilty of an offence.

Regulations.

57. The Government may make regulations for any purpose for which

regulations may be made under this Part and for prescribing anything which

may be prescribed under this Part and generally as to the use of motor

vehicles and of trailers on roads, their construction and equipment and the

conditions under which they may be so used and otherwise for the purpose

of carrying this Part into effect and in particular but without prejudice to the

generality of the foregoing may make regulations with respect to any of the

following matters–

(a) driving licences, and in particular for preventing a person

holding more than one driving licence and for facilitating the

identification of holders of driving licences and for providing

for the issue of a new licence in the place of a licence lost or

defaced on payment of such fee as may be prescribed;

(b) advanced driving certificates;

Traffic

2005-26

and the load carried thereby, the diameter of wheels and the

width, nature and condition of tyres of motor vehicles and of

trailers;

(d) dividing motor vehicles for the purposes of this Part and any

regulations under this Part into classes whether according to

weight, construction, nature of tyres, use or otherwise;

(e) the consumption of smoke and the emission of visible vapour,

sparks, ashes and grit;

(f) excessive noise due to the design or the condition of the

vehicle or the loading thereof;

(g) the maximum weight unladen of any motor vehicle and the

maximum weight laden of motor vehicles and trailers and the

maximum weight to be transmitted to the road or any specified

area thereof by a motor vehicle or trailer of any class or

description or by any part or parts of such a vehicle or trailer in

contact with the road and the conditions under which and the

manner in which the weight may be required to be tested;

(h) the particulars to be marked on motor vehicles or trailers;

(i) the towing or drawing of vehicles by motor vehicles;

(j) the number and nature of brakes and for ensuring that brakes,

silencers and steering gear shall be efficient and kept in proper

working order and for empowering persons authorised by or

under the regulations to test and inspect either on the road or

subject to the consent of the owner of the premises, on any

premises where the vehicle is, such brakes, silencers or steering

gear;

(k) the appliances to be fitted for signalling the approach of a

motor vehicle or enabling the driver of a motor vehicle to

become aware of the approach of another vehicle from the rear,

or for intimating any intended change of speed or direction of a

motor vehicle and for the use of such appliances and for

securing that they shall be efficient and kept in proper working

order;

(l) the kinds of lamps that may be carried on motor vehicles, the

carrying of such lamps and how and when the same shall be

used;

Traffic

2005-26

(m) the registration of dealer’s licences, the assigning by the

licensing authority of registration marks in respect of dealers’

licences, the size, shape and character and display of such

marks and the conditions under which and the purposes for

which a vehicle may be used under a dealers’ licence;

(n) the keeping of records by holders of licences for goods vehicles

of which the net weight exceeds 3 tonnes or motor tractors;

(o) motor vehicle licences and in particular–

(i) for providing for the issue of a new licence in the place

of a licence lost or destroyed on payment of the

prescribed fee;

(ii) for providing for the cancellation of and issue of new

licences in cases when vehicles in respect of which

licences have been issued are used in an altered condition

or in a manner which brings them within a class or

description of vehicles for which a licence at a higher fee

or of a different class is required; and

(iii) providing for the transfer of licences and the remission of

fees in respect of the unexpired period of a licence

surrendered to the licensing authority;

(p) the prevention of interference with radio transmission by

engines of motor vehicles;

(q) the size, shape and character of the registration marks to be

fixed on any vehicle and the manner in which these marks are

to be displayed and rendered easily distinguishable whether by

night or by day;

(r) requiring, subject to such exceptions, if any, as may be

specified in the regulations, persons driving or riding

(otherwise than in side-cars) on motor cycles of any class

specified in the regulations to wear protective headgear of such

description as may be so specified,

and without prejudice to the generality of the foregoing such regulations

may make provision for requiring drivers of any such vehicles aforesaid to

carry prescribed documents and to make prescribed entries therein and for

the production of such documents.

Exemption.

Traffic

2005-26

58. The Government may by order exempt from all or any of the provisions

of this Part or of any regulations made thereunder any vehicle or class of

vehicle or the driver of any class of vehicle in such circumstances and

subject to such conditions as may be specified in the order.

Recognition and exchange of EEA State driving licences.

59.(1) Subject to section 59A, where the holder of a valid national driving

licence of an EEA State authorising the driving on any public roads in that

State takes up normal residence in Gibraltar that licence shall for as long as

the licence continues to be valid in the EEA State in which it was issued and

as long as the holder continues to normally reside in Gibraltar have the same

validity and effect as if it were a licence issued under this Act.

(2) Where the holder of a valid national driving licence issued by an

EEA State has taken up residence in Gibraltar, he may request that his

driving licence be exchanged for an equivalent licence under this Act.

(3) Before issuing a licence pursuant to a request made to it under

subsection (2) the licensing authority may make such investigations as it

may consider necessary to find out if the driving licence to be exchanged is

at the relevant time valid, and if so in respect of which categories, and such

a request may be refused where any of the following apply-

(a) the driving licence is restricted, suspended or withdrawn in an

EEA State;

(b) although the driving licence is issued in an EEA State it has

been restricted, suspended or withdrawn in Gibraltar;

(4) Upon the issue of a driving licence under this section the licensing

authority shall return the surrendered licence to the EEA State which issued

the licence and shall give that State reasons why it is doing so.

(5) The licensing authority may renew an expired EEA licence through

the issue of a Gibraltar driving licence as from 2 years after the date on

which the holder took up normal residency in Gibraltar.

(6) The licensing authority may issue a replacement driving licence to an

person from an EEA State who is resident in Gibraltar upon application to it

(for example if it been lost or stolen) and in considering such a request the

licensing authority shall have regard to any information in its possession or,

where appropriate to such proof as may be obtained from the competent

authorities of the issuing EEA State.

Traffic

2005-26

(7) For the purpose of this Part, “normal residence” means the place

where a person usually lives, that is for at least 185 days in each calendar

year, because of personal and occupational ties, or, in the case of a person

with no occupational ties, because of personal ties which show close links

between that person and the place where he is living.

(8) Without prejudice to subsection (10), the normal residence of a

person whose occupational ties are in a different place from his personal ties

and who consequently lives in turn in different places situated in two or

more EEA States shall be regarded as being the place of his personal ties,

provided that such person returns there regularly, this subsection does not

apply where the person is living in an EEA State in order to carry out a task

of a definite duration, and attendance at a university or school shall not

imply transfer of normal residence.

(9) The Government may make regulations-

(a) to apply national provisions on the restriction, suspension,

withdrawal or cancellation of the right to drive to the holder of

a driving licence issued by an EEA State and, if necessary,

exchange the licence for that purpose, and where it does so

such regulations shall be subject to observance of the principle

of territoriality of criminal and police laws.

(b) prescribing the fees for and form of requests under this section.

Recognition of EEA licences: minimum ages.

59A. For the purposes of section 59, a licence shall only be deemed to be

valid if the holder has attained the minimum age limit for the category of

vehicle set out in Article 4(2) to (4) of the Directive.

Exchangeable licences.

60.(1) The Government may make regulations to provide for the exchange

of certain licences from non-EEA states.

(2) Regulations made under subsection (1) may include the following

matters–

(a) the countries or territories in respect of which licences may be

exchanged;

(b) the extent of recognition of any licence or class of licence;

Traffic

2005-26

exchange of such licences including the payment of any fees

and the forms to be used; and

(d) the exchange of information with the issuing authority of a

licence being exchanged.

(3) Regulations made under this section shall be subject to the following

provisions–

(a) where a driving licence issued by a third country is exchanged

for a Community model driving licence–

(i) such exchange shall be recorded on the Community

model driving licence as shall any subsequent renewal or

replacement; and

(ii) such an exchange may occur only if the licence issued by

the third country has been surrendered to the licensing

authority.

Anti-forgery measures.

60A. The Government shall take such measures as are necessary to prevent

the risk of forgery of driving licences issued pursuant to this Act

(irrespective of the date of issue of such licences) and any measures so taken

shall be communicated to the European Commission.

Additional security features.

60B. The material used for the manufacture of driving licences issued in

accordance with Schedule 4C of the Traffic (Licensing and Registration)

Regulations shall be made secure against forgery and the Government may

by regulations prescribe additional security features.

Mutual assistance.

60C. The licensing authority shall assist the authorities in other EEA

States and, if available, through the EU driving licence network referred to

in the Directive, shall exchange information on the licences it has issued,

exchanged, replaced, renewed or revoked.

Surrender of licences.

60D. (1) The Government shall ensure that by 19 January 2033 all driving

licences issued by the licensing authority are conformity with the

Traffic

2005-26

Community Model Driving Licence set out in Schedule 4C of the Traffic

(Licensing and Registration) Regulations.

(2) For the purpose of compliance with subsection (1) the Government

may by regulations provide for the compulsory surrender and replacement of

any valid driving licence and for any matter connected thereto.

Regulations for facilitating international traffic.

61. The Government may make regulations–

(a) for the grant and authentication of any passes, certificates or

other documents relating to vehicles or the drivers of vehicles

which may be required for the purposes of travel abroad;

(b) for waiving or modifying in relation to motor vehicles brought

temporarily into Gibraltar by persons resident outside Gibraltar,

and in relation to persons who are temporarily in Gibraltar, any

of the provisions of this Act relating to vehicles or the drivers

of vehicles;

persons resident outside Gibraltar who are temporarily in

Gibraltar but are not entitled thereto by virtue of any

international agreement, or in relation to vehicles brought

temporarily into Gibraltar by such persons, being persons or

vehicles satisfying such conditions as may be specified in the

regulations;

(d) for the payment in respect of any such documents as are

mentioned in paragraph (a) of such fees as appear to the

Government to be appropriate having regard to any services

performed in connection therewith in pursuance of the

regulations;

(e) for the purpose of implementing in Gibraltar–

(i) international agreements and conventions;

(ii) legislation of the European Union,

concerned with road transport;

(f) for the purpose of applying in Gibraltar instruments of the

European Union concerned with mutual recognition of

diplomas, certificates and other evidence of formal

qualification in respect of road transport operators.

Traffic

2005-26

Entitlements not affected by Third Driving Licence Directive.

61A. The operation of the Traffic (Third Driving Licence Directive)

Regulations 2012 shall not be construed as removing or qualifying an

entitlement to drive a particular category of motor vehicle obtained before

19 January 2013.

PART IV

DRINKING AND DRIVING

Driving, or being in charge, when under influence of drink or drugs.

62.(1) A person who is unfit to drive through drink or drugs when driving

or attempting to drive a motor vehicle on a public place, is guilty of an

offence and punishable on summary conviction by a fine at level 5 on the

standard scale or a term of imprisonment for 6 months or to both.

(2) Without prejudice to subsection (1), a person who is unfit to drive

through drink or drugs when in charge of a motor vehicle which is on a

public place, is guilty of an offence and punishable on summary conviction

by a fine at level 4 on the standard scale or a term of imprisonment for 3

months or to both.

(3) A person shall be deemed not to have been in charge of a motor

vehicle for the purposes of subsection (2) if he proves that, at the material

time, there was no likelihood of his driving it so long as he remained unfit to

drive through drink or drugs.

(4) The court may, in determining whether there was such a likelihood as

is mentioned in subsection (3), disregard any injury to him and any damage

to the vehicle.

(5) For the purposes of this section, a person shall be taken to be unfit to

drive if his ability to drive properly is for the time being impaired.

(6) A police officer may arrest a person without warrant if he has

reasonable cause to suspect that that person is or has been committing an

offence under this section.

(7) A police officer may enter (if need be by force) any place where a

person is or where the police officer, with reasonable cause, suspects him to

be for the purpose of arresting that person under subsection (6).

Traffic

2005-26

(8) Where on a person’s trial for an offence under subsection (1) the court

finds him not guilty of the offence specifically charged in the indictment, the

court may find him guilty of an offence under subsection (2).

Driving or being in charge of a motor vehicle with alcohol

concentration above prescribed limit.

63.(1) If a person–

(a) drives or attempts to drive a motor vehicle on a public place; or

(b) is in charge of a motor vehicle on a public place,

after consuming so much alcohol that the proportion of it in his breath,

blood or urine exceeds the prescribed limit he is guilty of an offence and

shall be punishable on summary conviction–

(i) in the case of an offence contrary to paragraph (a) above,

to a fine at level 5 on the standard scale, or to 6 months

imprisonment or to both; and

(ii) in the case of an offence contrary to paragraph (b) above,

to a fine at level 4 on the standard scale, or to 3 months

imprisonment or to both.

(2) It is a defence for a person charged with an offence under subsection

(1)(b) to prove that at the time he is alleged to have committed the offence

there was no likelihood of his driving the vehicle whilst the proportion of

alcohol in his breath, blood or urine remained likely to exceed the prescribed

limit.

(3) The court may, in determining whether there was such a likelihood as

is mentioned in subsection (2), disregard any injury to him and any damage

to the vehicle.

(4) Where on a person’s trial for an offence under subsection (1)(a), the

court finds him not guilty of the offence specifically charged in the

indictment, they may find him guilty of an offence under subsection (1)(b).

Arrests on suspicion of having alcohol in the body.

64.(1) Where a police officer has reasonable cause to suspect that a person

has committed an offence contrary to section 63 (1)(a) or (b) he may, subject

to section 67, arrest that person without warrant.

Traffic

2005-26

(2) A police officer may, for the purpose of arresting a person under

subsection (1), enter (if need be by force) any place where that person is or

where the police officer, with reasonable cause, suspects him to be.

(3) In determining whether a police officer’s cause to suspect the

commission of an offence contrary to subsection (1) was reasonable, regard

shall be had in particular to the following matters–

(a) whether the person was driving or attempting to drive a motor

vehicle in a manner falling below what would have been

expected of a competent and careful driver. This might include

circumstances where a person was driving or attempting to

drive notwithstanding that it would have been obvious to a

careful and competent driver that driving in that particular

manner (or, indeed, driving at all given the volume of alcohol

consumed) would pose a risk to life or property by his sense of

judgement being impaired;

(b) whether the person was driving or attempting to drive in a

manner causing obvious or serious inconvenience to other road

users or to pedestrians;

manner leading a reasonable observer to believe that the driver

was not in proper control of the motor vehicle. This might

include, for example, unexplained or excessive swerving or

braking, inappropriate speed in relation to prevailing road

conditions or ignoring traffic signs or signals;

(d) whether the person’s demeanour behind the steering column of

a stationary or moving motor vehicle or whilst the person is en

route to the vehicle suggests that he was under the influence of

alcohol.

Provision of specimens for analysis following arrest.

65.(1) Subject to the provisions of this section and section 67, where a

police officer is investigating whether a person has committed an offence

contrary to sections 62 or 63 and has arrested that person on suspicion of

such an offence he may require that person to attend at a police station or

hospital in Gibraltar–

(a) to provide two specimens of breath for analysis by means of a

device of a type approved by the Government; or

(b) to provide a specimen of blood or urine for a laboratory test.

Traffic

2005-26

(2) A requirement under subsection (1)(b) may be made only by a police

officer of at least the rank of sergeant and cannot be made unless–

(a) the police officer has reasonable cause to believe that a

specimen of breath cannot be provided or should not be

required; or

(b) at the time the requirement is made a device or a reliable

device of the type mentioned in subsection (1)(a)–

(i) is not available at the hospital or police station; or

(ii) is not in good working order or has been used on a

previous occasion by the police officer and he has

reasonable cause to believe will not produce a reliable

indication of the proportion of alcohol in the breath of

the person concerned; or

(iii) it is for any other reason not practicable to use such a

device there, or

officer making the requirement has been advised by a medical

practitioner that the condition of the person required to provide

the specimen might be due to some drug,

but may then be made notwithstanding that the person required to provide

the specimen has already provided or been required to provide two

specimens of breath.

(3) If the provision of a specimen of blood or of urine may be required

under this section the question whether it is to be a specimen of blood or a

specimen of urine shall be decided by a police officer of at least the rank of

sergeant, but if a medical practitioner is of the opinion that for medical

reasons a specimen of blood cannot or should not be taken the specimen

shall be a specimen of urine.

(4) A specimen of urine shall be provided within one hour of the

requirement for its provision being made and after the provision of a

previous specimen of urine.

(5) A person who, without reasonable excuse, fails to provide a specimen

when required to do so under this section is guilty of an offence and

punishable on summary conviction to a fine at level 5 on the standard scale

or to imprisonment for 6 months or to both.

Traffic

2005-26

(6) A police officer shall warn any person required to provide a specimen

under this section that a failure to provide the specimen may render him

liable to prosecution.

(7) For the purposes of subsection (1)(a), a device shall be treated as of a

type approved by the Government where a statement to the effect is

published in the Gazette.

Choice of specimens of breath.

66.(1) Subject to subsection (2), where a person provides two specimens of

breath pursuant to section 65, that with the lower proportion of alcohol in

the breath shall be used for the purposes of an investigation into an offence

having been committed contrary to this Part and the other specimen shall be

disregarded.

(2) If the specimen with the lower proportion of alcohol contains no more

than 50 microgrammes of alcohol in 100 millilitres of breath, the person

who provided it may claim that it should be replaced by a specimen of blood

or of urine under section 65(4) and, if he then provides such a specimen,

neither specimen of breath shall be used.

Protection for hospital patients.

67.(1) While a person is at a hospital as a patient he shall not be required to

provide a specimen of breath for a preliminary breath test or to provide a

specimen for a laboratory test unless the medical practitioner in immediate

charge of his case has been notified of the proposal to make the requirement;

and

(a) if the requirement is then made, it shall be for the provision of

a specimen at the hospital; but

(b) if the medical practitioner objects on the ground specified in

subsection (2), the requirement shall not be made.

(2) The ground on which the medical practitioner may object is that the

requirement or the provision of a specimen or, in the case of a specimen of

blood or urine, the warning required under section 65, would be prejudicial

to the proper care and treatment of the patient.

Detention of persons affected by alcohol or a drug.

68.(1) Subject to subsections (2) and (3), a person required to provide a

specimen of breath, blood or urine may afterwards be detained at a police

station until it appears to the police officer that, were that person then

Traffic

2005-26

driving or attempting to drive a motor vehicle on a road, he would not be

committing an offence under sections 62 or 63.

(2) A person shall not be detained in pursuance of this section if it appears

to a police officer that there is no likelihood of his driving or attempting to

drive a motor vehicle whilst his ability to drive properly is impaired or

whilst the proportion of alcohol in his breath, blood or urine exceeds the

prescribed limit.

(3) A police officer shall consult a medical practitioner on any question

arising under this section whether a person’s ability to drive properly is or

might be impaired through drugs or alcohol and must act on the medical

practitioner’s advice.

Use of specimens in proceedings for an offence under sections 62 or 63.

69.(1) This section and section 70 apply in respect of proceedings for an

offence under sections 62 or 63.

(2) Evidence of the proportion of alcohol or any drug in a specimen of

breath, blood or urine provided by the accused shall, in all cases (including

cases where the specimen was not provided in connection with the alleged

offence), be taken into account by the court and subject to subsection (3)

below, it shall be assumed that the proportion of alcohol in the accused’s

breath, blood or urine at the time of the alleged offence was not less than in

the specimen.

(3) The assumption in subsection (2) shall not be made if the accused

proves that the proportion of alcohol in his breath, blood or urine would

have not exceeded the prescribed limit, or, if it is alleged that he was unfit to

drive through drink, would have otherwise not been such as to impair his

ability to drive properly but for the fact that he consumed alcohol before he

provided the specimen and–

(a) in relation to an offence under section 63, after the time of the

alleged offence; or

(b) otherwise, after he ceased to drive, attempt to drive or be in

charge of a vehicle on a road or other public place.

(4) A specimen of blood shall be disregarded unless it was taken from the

accused with his consent by a medical practitioner.

(5) Where, at the time a specimen of blood or urine was provided to a

police officer by the accused, he asked to be provided with such a specimen,

evidence of the proportion of alcohol or any drug found in the specimen

Traffic

2005-26

provided to the police officer is not admissible on behalf of the prosecution

unless–

(a) the specimen in which the alcohol or drug was found is one of

two parts into which the specimen provided by the accused was

divided at the time it was provided; and

(b) the other part was supplied to the accused.

Documentary evidence as to specimens in such proceedings.

70.(1) Subject to subsections (3) and (4) and to section 69(5), evidence of

the proportion of alcohol or a drug in a specimen of breath, blood or urine

may be given by the production of a document conforming to one of the

following descriptions, that is to say–

(a) a statement automatically produced by the device by which the

proportion of alcohol in a specimen of breath was measured

and a certificate signed by a police officer (which may but need

not be contained in the same document as the statement) that

the statement relates to a specimen provided by the accused at

the date and time shown in the statement; or

(b) a certificate signed by an authorised analyst as to the proportion

of alcohol or any drug found in a specimen of blood or urine

identified in the certificate.

(2) Subject to subsections (3) and (4), evidence that a specimen of blood

was taken from the accused with his consent by a medical practitioner may

be given by the production of a document purporting to certify that fact and

signed by that medical practitioner.

(3) Subject to subsection (4) below–

(a) a document purporting to be such a statement or such a

certificate (or both such a statement and such a certificate) as is

mentioned in subsection (1)(a) is admissible in evidence on

behalf of the prosecution in pursuance of this section only if a

copy of it either has been handed to the accused when the

document was produced or has been served on him not later

than seven days before the hearing in court; and

(b) any other document is so admissible only if a copy of it has

been served on the accused not later than seven days before the

hearing in court.

Traffic

2005-26

(4) A document purporting to be a certificate (or so much of a document

as purports to be a certificate) is not so admissible if the accused, not later

than three days before the hearing in court or within such further time as the

court may in special circumstances allow, has served notice on the

prosecutor requiring the attendance at the hearing of the person by whom the

document purports to be signed.

(5) A copy of a certificate required by this section to be served on the

accused or a notice required by this section to be served on the prosecutor

may be served personally or sent by registered post.

Discretionary disqualification.

71.(1) This section shall apply where a person is convicted of an offence

contrary to sections 62, 63, or 65(5).

(2) Where the conviction is for the first time, a court may, taking all

reasonable circumstances into account, disqualify the person from holding

or obtaining a driving licence for such period as the court may see fit.

(3) In the case of a subsequent conviction in any period of 6 years, the

court shall disqualify the person from holding or obtaining a driving licence

for such period as the court may see fit.

Protection of officers in relation to the arrest of persons suspected of

being over the prescribed limit.

72.(1) Where, in any proceedings for an offence under this Part, the

defendant is acquitted the court may, if it sees fit, certify that, in the court’s

view, there were reasonable grounds for the arrest of the accused.

(2) Where any proceedings, whether civil or criminal, are brought against

any police officer on account of the arrest of any person, and judgment is

given for the plaintiff or prosecutor, then if either–

(a) a certificate relating to the arrest has been granted under

subsection (1) above; or

(b) the court is satisfied that there were reasonable grounds for

arresting the accused,

the plaintiff or prosecutor shall not be entitled to recover any damages or

costs and the defendant shall not be liable to any punishment.

(3) Any certificate under subsection (1) above may be proved by the

production of either the original certificate or a certified copy thereof

purporting to be signed by an officer of the court by which it is granted.

Traffic

2005-26

Interpretation of Part.

73.(1) The following provisions apply for the interpretation of this Part–

“authorised analyst” means any person authorised by the Commissioner

of Police to make analyses for the purposes of this section; and a

certificate signed by an authorised analyst for the purposes of

section 69(1)(b) shall be evidence of his qualification as such;

“drug” includes any intoxicant other than alcohol;

“fail” includes refuse;

“hospital” means an institution which provides medical or surgical

treatment for in-patients or out-patients;

“the prescribed limit” means, as the case may require–

(a) 35 microgrammes of alcohol in 100 millilitres of breath;

(b) 80 milligrammes of alcohol in 100 millilitres of blood; or

(2) A person does not provide a specimen of breath for a breath test or for

analysis unless the specimen–

(a) is sufficient to enable the test or the analysis to be carried out;

and

(b) is provided in such a way as to enable the objective of the test

or analysis to be satisfactorily achieved.

(3) A person provides a specimen of blood if and only if he consents to its

being taken intravenously by a medical practitioner and it is so taken.

PART V

REGULATION OF HORSE-DRAWN VEHICLES

AND BICYCLES

Examination of vehicles.

74.(1) If the licensing authority or the Commissioner of Police has reason to

suspect that a vehicle licensed under this Part has ceased to be fit for the

purpose for which it was licensed or does not comply with any prescribed

Traffic

2005-26

conditions as to fitness, he may order the person in charge or the owner of

the vehicle to produce the vehicle for examination by an examiner at a

specified time and place.

(2) If on the report of the examiner it appears to the licensing authority

that the vehicle does not comply with any prescribed conditions of fitness or

is not fit for the purpose for which it is licensed, he may suspend the licence

until all necessary repairs, adjustments or alterations have been effected to

the satisfaction of an examiner and during the period of such suspension the

vehicle shall cease to be a vehicle licensed under this Part.

(3) A person who fails to obey any order given under the provisions of

subsection (1) is guilty of an offence.

(4) If any person considers himself aggrieved by the suspension of a

licence under this section he may within twenty-one days of the date of such

suspension appeal to the magistrates’ court and upon such appeal the court

may make such, order as it thinks fit and such order shall be binding on the

licensing authority.

Application to cyclists and to drivers of horsedrawn vehicles.

75.(1) Sections 46(1), 47(1), 49, 52 (in so far as it relates to offences under

sections 46 and 47 but with the omission of the reference to registered

owners), 53 and 54 shall, subject to the provisions of this section, apply to

persons riding bicycles and tricycles not being motor vehicles, and to drivers

of horse-drawn vehicles as they apply to drivers of motor vehicles, and

references in those sections to motor vehicle drivers and driving shall be

construed accordingly.

(2) A person shall not be liable to be indicted by virtue of this section and

the maximum penalties which may be imposed on a conviction by virtue of

this section under sections 46, 47 or 62 shall be as follows–

(a) in the case of a conviction under section 47 or 62 to a fine at

level 1 on the standard scale or if the conviction is a second or

subsequent conviction to a fine twice the amount at level 1 on

the standard scale or imprisonment for three months;

(b) in the case of a conviction under section 46 to a fine half the

amount at level 1 on the standard scale or if the conviction is a

second or subsequent conviction to a fine at level 1 on the

standard scale.

(3) In determining whether a conviction under section 46, 47 or 62 is a

second or subsequent conviction–

Traffic

2005-26

(a) where it is a conviction in connection with the driving of a

motor vehicle any previous conviction by virtue of this section

shall be disregarded;

(b) where it is a conviction by virtue of this section any previous

conviction in connection with the driving of a motor vehicle

shall be disregarded.

Regulations.

76. The Government may make regulations for any purpose for which

regulations may be made under this Part and for prescribing anything that

may be prescribed under this Part and generally as to the use of horse-drawn

vehicles and bicycles, their construction and equipment and the conditions

under which they may be used and otherwise for the purpose of carrying this

Part into effect and in particular but without prejudice to the generality of

the foregoing may make regulations with respect to any of the following

matters–

(a) the kind of lamps and reflectors to be carried on horse-drawn

vehicles and bicycles, the carrying of such lamps and reflectors

and how and when they shall be used;

(b) the registration of horse-drawn vehicles and the size and shape

and character of the registration number to be affixed to the

vehicle and the manner in which it is to be displayed and

rendered easily discernible by day or night;

for signalling their approach when used on roads and for

securing that the drivers of such vehicles and the riders of such

bicycles shall by means of such appliances give sufficient

warning of their approach.

PART VI

TRAFFIC COMMISSION

Traffic Commission.

77.(1) There is hereby established a Traffic Commission, which shall

consist of–

(a) a chairman who shall be appointed by the Government;

(b) the Commissioner of Police or his representative;

Traffic

2005-26

by notice in the Gazette;

(d) one person appointed by the Government after consultation

with operators of public service vehicles;

(e) one person appointed by the Government after consultation

with the Gibraltar Taxi Association; and

(f) two other members appointed by the Government.

(2) Four members shall constitute a quorum at any meeting of the

Commission.

(3) At all meetings of the Commission, the chairman or, in his absence,

such other member as the members present shall appoint, shall preside.

(4) All decisions of the Commission shall be decided by a majority vote of

the persons present at any meeting, and in the case of an equality of votes

the person presiding at the meeting shall have a second or casting vote.

(5) Subject to this Act and any regulations made thereunder, the

Commission may by rules or otherwise regulate its own procedure.

Functions of the Commission.

78. The Commission, having regard to the general policy of the

Government in relation to traffic in Gibraltar, shall–

(a) advise the Government on matters affecting traffic on the

roads;

(b) consider and advise upon any matter which may be referred to

it under the provisions of this Act;

prescribed.

Procedural powers of the Commission.

79.(1) The chairman of the Commission may by notice in writing summon

any person to appear before the Commission to produce any document or to

give evidence.

(2) The Commission may receive such evidence as it thinks fit, and neither

the provisions of the Evidence Act nor any other rule of law shall apply to

proceedings before the Commission.

Traffic

2005-26

(3) Any person who, being summoned to appear before the Commission,

refuses or fails without reasonable excuse to appear or to answer any

question put to him by or with the consent of the Commission shall be guilty

of an offence and liable on summary conviction to a fine at level 2 on the

standard scale and to imprisonment for one month:

Provided that no person shall be bound to incriminate himself, and every

witness shall, in respect of any evidence given by him before the

Commission, be entitled to the privileges to which he would be entitled if

giving evidence before a court of justice.

(4) In proceedings before the Commission, any person may appear in

person or be represented by counsel, solicitor or agent.

(5) Any person who behaves in an insulting manner or uses any

threatening or insulting expression to or in the presence of the Commission

shall be guilty of an offence and liable on summary conviction to a fine at

level 2 on the standard scale and to imprisonment for one month.

Regulations

Regulations.

80. The Government may make regulations for any purpose for which

regulations may be made under this Part and for prescribing anything which

may be prescribed and generally for the purpose of carrying this Part into

effect and in particular, but without prejudice to the generality of the

foregoing, may make regulations with respect to any of the following

matters–

(a) the application for and issue of a roadworthiness certificates,

the fees to be paid in respect thereof and the manner and

conditions of payment;

(b) the issue of and the fees to be paid in respect of copies of

licences or roadworthiness certificates in the case of licences or

certificates lost or destroyed;

vehicles and the manner in which they are to be carried,

and different regulations may be made as respects different classes or

descriptions of public service vehicles and as respects the same class and

description of public service vehicles in different circumstances.

Traffic

2005-26

PART VII

STREETS AND HIGHWAYS

Powers of Commissioner of Police temporarily to prohibit or restrict

traffic on roads or public places.

81.(1) If the Commissioner of Police is satisfied that traffic on any road or

public place should by reason of–

(a) works of repair or reconstruction being required or being in

progress; or

(b) any public procession, rejoicing, parade, illumination

entertainment or similar happening,

be temporarily restricted or prohibited, he may by notice restrict or prohibit

the use of that road or public place or any part thereof by vehicles or by

vehicles of any particular class or description to such conditions or

exceptions as he may consider necessary.

(2) Any such notice shall describe the alternative route or routes available

for traffic and shall be kept posted in a conspicuous manner at each end of

the part of the road or public place to which it relates and at the points at

which it will be necessary for vehicles to diverge from the road or public

place.

(3) A person who uses or permits the use of a vehicle in contravention of

any restriction or prohibition imposed under this section is guilty of an

offence and is liable on summary conviction in the case of a first conviction

to a fine of at level 1 on the standard scale and in the case of a second or

subsequent conviction to a fine twice the amount at level 1 on the standard

scale.

Projections against or in front of houses, etc.

82.(1) The Government may give notice in writing to the owner or occupier

of any house or building to remove or alter any porch, shed, projecting

window, step, cellar, cellar door or window, sign, signpost, sign-iron,

showboard, window shutter, wall, gate, or fence or any other obstruction or

projection erected or placed against or in front of any house or building and

which is an obstruction to the safe and convenient passage of persons,

animals or vehicles along any street and such owner or occupier shall,

within fourteen days after the service of such notice upon him, remove such

obstruction, or alter the same in such manner as shall have been directed by

the Government, and in default thereof the Government may remove or alter

such obstruction or projection, and the expense of such removal or alteration

Traffic

2005-26

shall be paid by the owner or occupier so making default, and shall be

recoverable summarily as a civil debt:

Provided that, except in the case in which such obstructions or projections

are made or put up by the occupier, an occupier shall be entitled to deduct

the expense of removing or altering the same from any rent payable by him

to the owner of the house or building.

(2) If any dispute shall arise as to the liability of the Government to pay

such expenses and compensation for damage or injury (if any) or as to the

amount thereof, or if the Government shall refuse to pay the same, such

liability shall be determined, and such amount (if any) shall be ascertained

by the magistrates’ court on the application of the Government or by any

person who deems himself aggrieved.

(3) Any projection erected or placed against or in front of any house or

building, which, by reason of being insecurely fixed or of defective

construction or otherwise, is a source of danger to persons lawfully using a

street, shall be deemed to be an obstruction to the safe or convenient passage

along the street for the purposes of the section.

Traffic signs.

83.(1) The Government may cause or permit traffic signs to be placed on or

near any road in Gibraltar.

(2) The Commissioner of Police may cause or permit a temporary traffic

sign to be placed on or near any road in Gibraltar.

(3) After the commencement of this Act no traffic sign shall be placed on

or near any road except under and in accordance with the provisions of this

section.

(4) The Government may by notice in writing require the owner or

occupier or any land on which there is any object or device (whether fixed

or portable) for the guidance or direction of persons using roads to remove it

and if any person fails to comply with such a notice the Government may

effect the removal doing as little damage as possible.

(5) The Government may enter any land and exercise such other powers as

may be necessary for the purpose of the exercise and performance of its

powers and duties under this section.

(6) In this Part the expression “traffic sign” shall mean any object or

device (whether fixed or portable) for conveying warnings, information,

requirements, restrictions or prohibitions of any description to traffic on

roads or any specified description of traffic and any line or mark, on a road

Traffic

2005-26

for conveying such warnings, information, requirements, restrictions or

prohibitions.

(7) The Government may authorise the erection on or across any road of

such gates and movable traffic barriers as he may deem necessary for the

safety, control and regulation of traffic on such road.

(8) For the purposes of this Act a traffic sign placed on or near a road shall

be deemed to have been lawfully so placed unless the contrary is proved.

(9) A person who, without lawful authority or excuse pulls down, removes

or obliterates a traffic sign placed on or near a highway is guilty of an

offence and is liable to a fine at level 1 on the standard scale.

Traffic wardens.

84.(1) The Government may appoint persons (to be known as “traffic

wardens”) to discharge in aid of the police, functions normally undertaken

by the police in connection with the control and regulation of, or the

enforcement of the law relating to, traffic (including foot passengers) or

vehicles and persons so appointed shall exercise their functions under the

direction of the Government.

(2) In so far as a traffic warden is acting in the performance of his

functions as such, the references in this Act to a police officer shall include a

traffic warden.

(3) The Government shall take steps to ensure that only persons

adequately qualified are appointed traffic wardens, and that traffic wardens

are suitably trained before undertaking their duties.

(4) Traffic wardens shall wear such uniform as the Government may

approve and shall not act as traffic wardens when not in uniform.

(5) When a vehicle is approaching a place in a road where children on

their way to or from school are seeking to cross the road, a uniformed traffic

warden shall have power, by exhibiting a prescribed sign, to require the

person driving or propelling the vehicle to stop it.

(6) When a person has been required under subsection (5) to stop a

vehicle–

(a) he shall cause the vehicle to stop before reaching the place

where the children are crossing or seeking to cross the road, so

as not to stop or impede their crossing; and

Traffic

2005-26

(b) the vehicle shall not be put in motion again so as to reach the

place in question so long as the sign continues to be exhibited,

and a person who fails to comply with paragraph (a) of this subsection or

who causes a vehicle to be put in motion in contravention of paragraph (b)

there of is guilty of an offence.

(7) In this section “prescribed sign” means a sign of a size, colour and type

prescribed by regulations made by the Government; and regulations under

this subsection may provide for the attachment of reflectors to signs or for

the illumination of signs.

(8) For the purposes of this section–

(a) where it is proved that a sign was exhibited by a traffic warden,

it shall be presumed to be of a size, colour and type prescribed,

and if it was exhibited in circumstances in which it was

required by the regulations to be illuminated, to have been

illuminated in a prescribed manner, unless the contrary is

proved; and

(b) where it is proved that a traffic warden was wearing uniform, it

shall be presumed, unless the contrary is proved, to be a

uniform approved by the Government.

Penalty for neglect of traffic directions.

85.(1) When a police officer in uniform is for the time being engaged in the

regulation of traffic in a road or where any traffic sign has been lawfully

placed on or near any road a person driving or propelling any vehicle who–

(a) neglects or refuses to stop the vehicle or make it proceed in or

keep to a particular line of traffic when directed so to do by the

police officer in the execution of his duty; or

(b) fails to conform to the indication given by the sign, is guilty of

an offence.

(2) For the purpose of this section “police officer” includes a member of a

Corps of Royal Military Police in uniform.

Duty of pedestrians to comply with traffic directions given by police

officers.

86.(1) Where a police officer in uniform is for the time being engaged in

the regulation of vehicular traffic in a road, a person on foot who proceeds

across or along the carriage way in contravention of a direction to stop given

Traffic

2005-26

by the police officer, in the execution of his duty, Either to persons on foot

or to persons on foot and other traffic, is guilty of an offence and is liable on

summary conviction to a fine at level 1 on the standard scale, or in the case

of a second or subsequent conviction to a fine twice the amount at level 1 on

the standard scale.

(2) A police officer may require any person committing an offence against

subsection (1) to give his name and address, and if that person fails to do so

he is guilty of an offence against this subsection and liable on summary

conviction to a fine at level 1 on the standard scale.

Leaving vehicles in a dangerous position.

87. A person in charge of a vehicle, who causes or permits the vehicle or

any trailer drawn thereby to remain at rest on any road in such a position or

in such condition or in such circumstances as to be likely to cause danger to

other persons using the road is guilty of an offence.

Stretching of ropes, etc., across road.

88. A person who for any purpose places or causes to be placed any rope,

wire or other apparatus across a road or any part thereof in such a manner as

to be likely to cause danger to any person using the road is guilty of an

offence, unless he proves that he had taken all necessary means to give

adequate warning of the danger.

Regulations.

89.(1) The Government may make regulations for any purpose for which

regulations may be made under this Part and for prescribing anything which

may be prescribed and generally for carrying this Part into effect, and in

particular but without prejudice to the generality of the foregoing may make

regulations with respect to any of the following matters–

(a) prescribing speed limits in any specified place or on any

specified route;

(b) constituting one-way streets;

horse-drawn vehicles and motor vehicles of any specified class

or weight either generally or during specified hours but not so

as to prevent such access to premises as may reasonably be

required;

(d) prohibiting the use of sound signals on any specified road or

between specified hours;

Traffic

2005-26

(e) defining the meanings of traffic signs for the purposes of

section 83 (without prejudice to the powers of the Government

or Commissioner of Police under that section to cause or

permit the placing of traffic signs the meanings of which are

evident without the need for definition);

(f) providing for the removal of vehicles from roads, parking

places, and other public places, and the detaining in safe

custody of vehicles and their loads;

(g) providing for the removal of any vehicles specified in

paragraph (f) from one position on any road, parking place or

other public place to any other position or any road, parking

place or other public place;

(h) requiring the payment by the owners or persons having charge

of vehicles, of–

(i) specified fixed charges for the removal of vehicles or

classes of vehicles under regulations made under this

subsection; and

(ii) charges, ascertained by reference to scales prescribed in

regulations, in respect of periods of time during which

vehicles or classes of vehicles are so detained;

(i) providing that vehicles so detained may be detained until such

charges are paid;

(j) authorising the Commissioner of Police, or such other person

or entity as the Minister may authorise or other public officer–

(i) to sell, destroy or otherwise dispose of any vehicle (other

than an abandoned vehicle) that has been detained for not

less than one month in pursuance of any provisions of

this Act and in respect of which the charges payable for

its removal or detention have not been paid;

(ii) to sell, destroy or otherwise dispose of any vehicle

abandoned on any public land;

(k) providing for the application of the proceeds of sale of any

vehicle referred to in paragraph (j) and for the reimbursement

to the Crown of the costs of removal, detention, sale or other

disposal of the vehicle in so far as they are not satisfied out of

the proceeds of this sale;

Traffic

2005-26

(l) establishing crossings for pedestrians and for providing for the

precedence of vehicles and pedestrians respectively and

generally with respect to the movement of traffic (including

pedestrians) at or in the vicinity of a crossing;

(m) empowering the attachment to vehicles of immobilisation

devices and appropriate warning signs or notices consequent

upon the immobilisation of the vehicle;

(n) requiring the payment by the owners or persons having charge

of vehicles to which such devices have been attached, of

specified charges for the removal of such devices from vehicles

or classes of vehicles, ascertainable by reference to scales

prescribed in regulations, in respect of periods of time during

which such devices are so attached to such vehicles or classes

of vehicles.

(2) A person who contravenes a regulation made under this section is

guilty of an offence and is liable on conviction to imprisonment or to a fine

or both as may be prescribed in such regulation.

(3) A charge under this section if not exceeding an amount equivalent to

level 1 on the standard scale may be recovered either as a simple contract

debt in a court of competent jurisdiction or summarily as a civil debt, and if

exceeding an amount equivalent to level 1 on the standard scale may be

recovered in the former manner.

Exemption from liability.

90. When any police officer or any duly authorised person removes or

provides for the safe custody, sale, destruction or disposal of any vehicle or

attaches any device or notice to it, or employs any other person to remove it

or provide for its safe custody, sale, destruction or disposal or to attach any

device or notice to it, in accordance with regulations made under section 89,

except on proof of failure to exercise reasonable care neither the police

officer nor any such person shall be liable to any action or demand

whatsoever for the recovery of any alleged damage to such vehicle or its

load or otherwise in respect of the removal, safe custody, sale, destruction or

disposal thereof or the attachment of the device or notice to it.

Traffic movement.

91.(1) The Government may by regulations provide for car parks, bus stops,

taxi ranks, loading and waiting bays, and other general rules in respect of

traffic movement, including regulating, restricting or prohibiting the parking

Traffic

2005-26

or waiting of vehicles generally or classes of vehicles and any other traffic

flow or management issue.

(2) The Government or in the case of emergency the Commissioner of

Police may by Order provide for temporary diversion of traffic, temporary

suspension of parking spaces and loading bays and any other temporary

measure required by reason of road or other works, official functions or

events, the continuation of the proper movement of traffic or any

emergency.

(3) A person who contravenes any regulations or Order made under

subsection (1) or (2) is guilty of an offence and liable on summary

conviction to a fine up to level 1 on the standard scale.

Fees for use of parking places.

92.(1) The Government may, by notice in the Gazette or by Regulations, fix

fees to be paid for the use of parking places or for the use of specified parts

of such parking places or for the use of such parking places or parts thereof

during specified periods, and may fix different fees for such use during

different periods.

(2) Such fees shall be collected by mechanical means or by attendants

appointed and duly authorised in writing for that purpose who shall in every

case issue a parking ticket on receipt of the fees and who shall carry with

them such authorisations at all times whilst carrying out their duties and

shall produce the same on being requested to do so.

(3) For the purposes of this Act the time marked on a parking ticket

whether issued by mechanical means or by an attendant shall be presumed to

be correct unless the contrary is shown.

(4) The exercise by the Government of their functions under this section

shall not render them subject to any liability in respect of the loss or damage

to any vehicle in a parking place or the contents or fittings of any such

vehicle.

(5) A person in charge of a vehicle who without lawful excuse refuses or

neglects promptly to pay the authorised parking fee when demanded by an

attendant or otherwise neglects to pay the authorised parking fee, and any

such person who causes or permits a vehicle to remain in a parking place

after the expiry of the period for which payment of the fee authorises

parking, is guilty of an offence.

Issue of directions for guidance of users of roads.

Traffic

2005-26

93.(1) The Government shall prepare a highway code (in this section

referred to as the “code”) comprising such directions as appear to be proper

for the guidance of persons using roads, and may from time to time revise

the code by revoking, varying, amending or adding to the provisions.

(2) The code and any alterations proposed to be made in the provisions of

the code on any revision thereof, shall be submitted for approval by the

Parliament, and the code or revised code, as the case may be, shall not be

issued until the code or the proposed alterations have been approved by the

Parliament.

(3) Subject to the foregoing provisions of this section, the Government

shall cause the code and every revised edition of the code to be printed and

may issue copies thereof to be sold to the public at such price as the

Government may determine.

(4) A failure on the part of any person to observe a provision of the code

shall not of itself render that person liable to criminal proceedings of any

kind, but any such failure may in any proceedings (whether civil or criminal,

and including proceedings for an offence under this Act) be relied upon by

any party to the proceedings as tending to establish or to negate any liability

which is in question in those proceedings.

Dumping of abandoned motor vehicles.

94.(1) Subject to this section, if a motor vehicle or anything which forms a

part of a motor vehicle and was removed from it in the course of

dismantling the vehicle is found abandoned in a public place, the owner or

the last registered owner of the vehicle shall be guilty of an offence and shall

be liable on a summary conviction to a fine at level 4 on the standard scale.

(2) For the purposes of this section a motor vehicle or any such part

thereof as is mentioned in subsection (1) shall be deemed to have been

abandoned if it is left in a public place in such circumstances and condition

and for such period of time that it may reasonably be assumed to have been

abandoned.

(3) If the registered owner of a motor vehicle wishes to dispose of it, and if

that vehicle is one to which the End-of Life Vehicles Rules 2004 does not

apply, he may surrender the licence and the international document, if any,

for that vehicle to the licensing authority, and, upon payment of the

prescribed fee, the authority shall–

(a) remove from the register, and cancel the registration of, the

motor vehicle;

(b) arrange for the disposal of the motor vehicle; and

Traffic

2005-26

(4) In any proceedings under subsection (1) it shall be a defence for the

person charged to prove–

(a) that he has surrendered the licence and the international

document, if any, to the licensing authority in accordance with

subsection (3); or

(b) that the vehicle in question was taken away without his

authority or consent, express or implied.

PART VIII

GENERAL

Forgery, etc., of licences and certificates.

95.(1) A person who with intent to deceive–

(a) forges within the meaning of the Criminal Offences Act or

alters or uses or lends to or allows to be used by any other

person a licence or a certificate under any Part of this Act; or

(b) makes or has in his possession any document so closely

resembling such a licence or certificate as to be calculated to

deceive,

is guilty of an offence and is liable–

(i) on summary conviction to imprisonment for six months

and to a fine at level 2 on the standard scale;

(ii) on conviction on indictment to imprisonment for two

years and to a fine twice the amount at level 2 on the

standard scale.

(2) A person who, for the purpose of obtaining the grant of any licence to

himself or any other person or the variation of any licence or for the purpose

of preventing the grant or variation of any licence or for the purpose of

procuring any condition or limitation in relation to a licence, knowingly

makes any false statement is guilty of an offence and is liable on summary

conviction to imprisonment for six months and to a fine at level 2 on the

standard scale.

(3) If any police officer has reasonable cause to believe that any licence

produced to him in accordance with the provisions of this Act by the driver

Traffic

2005-26

of a motor vehicle is a document in relation to which an offence under this

section has been committed he may seize the document and retain the same

until the matter has been investigated.

Duty to give information.

96. Where the driver of a vehicle is alleged to be guilty of an offence under

this Act or of any offence involving dishonesty towards a passenger or with

respect to any goods or freight carried on the vehicle the owner of the

vehicle shall, on demand by any member of the police force, give such

information as he can as to the identity of the driver and any other person

shall, on such demand, give any information which it is in his power to give

and may lead to the identification of the driver and if the owner or such

other person fails to do so, he is guilty of an offence.

Punishment without prosecution of offences in connection with

obstruction, parking, etc.

97 1 .(1) The provisions of this section shall apply to any offence created by

or under this Act being−

(a) an offence punishable on summary conviction; and

(b) declared by the Government by Regulations or by notice in the

Gazette to be an offence for the purposes of this section, and to

be known as a “fixed penalty offence”.

(2) Where a police officer or any person duly authorised by the Minister

pursuant to regulations made hereunder (in this section referred to as “a duly

authorised person”) finds a person on any occasion and has reason to believe

that on that occasion he is committing or has committed an offence to which

this section applies, he may give that person the prescribed notice in writing

offering the opportunity of the discharge of any liability to conviction of that

offence by payment of a fixed penalty under this section; and no person shall

then be liable to be convicted of that offence if the fixed penalty is paid in

accordance with this section before the expiration of the fourteen days

following the date of the notice or such longer period (if any) as may be

specified therein or before the date on which proceedings are begun,

whichever event last occurs.

(3) Where a person is given a notice under this section in respect of an

offence, proceedings shall not be taken against any person for that offence

until the end of 28 days following the date of service of the notice or the day

1 Gibraltar Car Parks Ltd at Unit 11 of 45 North Mole Road is appointed as “designated

person” for all purposes connected to the operation of this section [see LN. 2011/121]

Traffic

2005-26

after posting such notice or such longer period (if any) as may have been

specified therein.

(4) In subsections (2) and (3) “proceedings” means any criminal

proceedings in respect of the act or omission constituting the offence

specified in the notice under subsection (2), and “convicted” shall be

construed in like manner.

(5) Payment of a fixed penalty under this section shall be made to such

person or entity as the Minister may prescribe in Regulations made

hereunder (in this section referred to as “the designated person”) , and sums

paid by way of fixed penalty for any offence shall be treated as if they were

fines imposed on summary conviction for that offence and in any

proceedings a certificate that payment of a fixed penalty was or was not

made to the designated person by a date specified in the certificate shall, if

the certificate purports to be signed by the designated person, be sufficient

evidence of the facts stated, unless the contrary is proved.

(6) A notice under subsection (2) shall specify the offence alleged and

the statutory provision allegedly contravened and state also the period

during which, by virtue of subsection (3), proceedings will not be taken for

the offence, the amount of the fixed penalty and the address of the

designated person to whom the fixed penalty may be paid.

(7) Subject to subsections (8) and (9) below, where a police officer or

duly authorised person believes that an authorised camera or other digital

device has detected a vehicle or finds a vehicle on an occasion and has

reason to believe that on the occasion there is being or has been committed

in respect of it an offence to which this section applies, he may proceed

under this section as if he had found a person reasonably believed by him to

be committing the offence, and for that purpose the registered owner of the

vehicle shall be the person liable for the offence and, in the case of a vehicle

detected on camera, a notice sent to the owner by registered post and, in the

case of a vehicle physically found, a notice affixed to the vehicle shall be

deemed to have been given to the registered owner.

(8) In any proceedings in respect of an offence to which subsection (7)

applies it shall be a defence for the registered owner of the vehicle to prove

that−

(a) at the time of the offence the vehicle was in charge of some

other person; and

(b) he had exercised all such diligence as was practicable to avoid

the commission of the offence by that person.

Traffic

2005-26

(9) A person shall not without leave of the Court, be entitled to rely on

the defence referred to in subsection (8), unless within a period ending 7

clear days before the hearing, he has served on the prosecutor a notice in

writing giving such information identifying or assisting in the identification

of that other person as was then in his possession.

(10) A notice affixed to a vehicle under subsection (7) or served under

this section shall not be removed or interfered with except by or under the

authority of the driver or person in charge of the vehicle or the person liable

for the offence in question; and any person contravening this subsection is

liable on summary conviction to a fine at level 1 on the standard scale.

(11) The Government may by Regulations made hereunder or by Order

prescribe the penalty for a fixed penalty offence.

(12) In any proceedings for an offence to which subsection (1) applies, no

reference shall be made after the conviction of the accused to the giving or

affixing of any notice under this section or to the payment or non-payment

of a fixed penalty there under unless in the course of the proceedings or in

some document which is before the court in connection with the

proceedings reference has been made by or on behalf of the accused to the

giving or affixing of such notice, or as the case may be, to such payment or

non-payment.

(13) The Government may make regulations for any purpose incidental to

the operation of this section and in particular but without prejudice to the

generality of the foregoing−

(a) prescribing the form of notice under subsection (2);

(b) prescribing the duties of the designated person, and the

information to be supplied to him.

operation of this section.

General Penalty.

98.(1) A person convicted of an offence under this Act for which no special

penalty is provided is liable on summary conviction in the case of the first

offence to a fine at level 1 on the standard scale and in the case of a second

or subsequent conviction to a fine twice the amount at level 1 on the

standard scale or to imprisonment for three months.

(2) Deleted.

Traffic

2005-26

Conviction on the basis of evidence from camera or other recording

device.

98A. A person prosecuted for any offence under this Act is liable to be

convicted solely on the evidence of a recording taken by a camera or such

other electronic device as the Minister may prescribe by notice in the

Gazette.

Saving of rights.

99. Nothing in this Act shall affect the right of the Government or any

person to recover compensation from the owner or driver of any vehicle for

any injury, damage or loss which may be sustained by the Government or by

such person by reason of the use of such vehicle.

Nuisances.

100. Nothing in this Act shall authorise any person to use on any road any

vehicle so constructed or used as to cause a public nuisance or shall affect

the civil liability of the driver or owner so using such a vehicle.

Regulations.

101. The Government may from time to time make regulations for all or

any of the following purposes–

(a) prescribing fees for services rendered or things done under this

Act;

(b) providing for such other matters as are reasonably necessary for

or incidental to the due administration of this Act;

restriction of parking or waiting.

Repeal of Traffic Act.

102. The Traffic Act is repealed.

Transitional Provisions.

103.(1) In this section the “old Act” means the Traffic Act repealed by

section 102.

(2) The substitution of this Act for the old Act shall not affect the

continuity of the law.

Traffic

2005-26

(3) The repeal of the old Act shall not affect the validity or period of

validity of any licence, permit or other authorisation granted under the old

Act and accordingly such licence, permit or other authorisation shall have

effect and shall be deemed always to have had effect.

(4) The repeal of the old Act shall not affect any proceedings instituted

prior to the commencement of this Act and those proceedings shall continue

as though this Act had not come into operation.

Traffic cameras.

104.(1) The Minister may cause to be installed by such person as he may

authorise so to do such cameras or other recording devices as he may

consider appropriate in such places as he may direct for the purposes of

monitoring and recording traffic and parking and the commission of

offences under this Act or any Regulations made hereunder.

(2) The Minister shall designate by notice in the Gazette the type and

manufacturer of any camera or other recording device that he may cause to

be installed under this Section.

(3) Any cameras or other recording devices installed under this Section

may be monitored or controlled by such persons or entities as the Minister

may specify by notice in the Gazette.

Traffic

2005-26

SCHEDULE

OFFENCES IN RESPECT OF WHICH DISQUALIFICATION OR

ENDORSEMENT MAY BE ORDERED

1. Any offence against section 24(1) (driving or employing a person to drive

without a licence).

2. Any offence under section 40(5) (applying for or obtaining a licence or

driving when disqualified).

3. Any offence against section 43 (restriction of driving by young persons).

4. Subject to the provisions of section 44, an offence under section 44

(speed limit).

5. Manslaughter by the driver of a motor vehicle – any offence under section

87 of the Criminal Offences Act (causing bodily harm) committed by the

person having charge of the motor vehicle, causing death by reckless or

dangerous driving or any offence under section 46 or 47 (reckless,

dangerous, careless or inconsiderate driving) committed in respect of a

motor vehicle.

6. Any offence under section 62 (driving or attempting to drive a motor

vehicle when under the influence of drink or drugs) or under section 63

(being in charge of a motor vehicle when under the influence of drink or

drugs).

7. Any offence under section 51 (unlawful pillion riding) committed by the

driver of a motor cycle.

8. (1) Stealing or attempting to steal a motor vehicle.

(2) An offence under section 192 of the Criminal Offences Act committed

with reference to the taking of a motor vehicle without the owner’s consent.

9. Any offence under section 85 (failing to conform with traffic directions).