ROAD TRAFFIC
THE ROAD TRAFFIC ACT
ARRANGEMENT OF SECTIONS
PART I. Preliminan;
1. Short title.
2. Intelpretation.
3. Establishment of Road Traffic Control Authority and branches
thereof.
4. Delegation of functions by Traffic Authoritics.
5 . Duties of Island TI.affic and Traffic Area Authorities.
6. [Repealed hyAct 13 of lY87.j
7. Delegation of functions by Liccnsing Authority.
8. Valid@ of proceedings of Island Traffic Authority, Trafic Arca
Authorities and Licensing Authoritics.
PART 11. Regulation ofMolor Vehicles
9. Application of this Part.
10. Certificate of fitness.
1 1. Classification of motor veluclcs.
Licensing and Registration of Motor Vehicles
12. Licence duties on motor vchiclcs.
13. Duration of licences.
14. Motor Vehiclc Register.
15. Payment of licence dutics and fccs into Consolidatcd Fund and
Parochial Rcvcnue Fund and thc Road Maintenancc Fund.
1.icence.s ofjkivers
16. Drivers’ Liccnccs rcquircd.
17. Licensing of drivers.
18. Prerequisites to the p n t of a drivcr’s liccncc.
19. Disqualifications for obtaining a dnvcr’s liccncc.
19A. Grounds for fefusal or canccllation of drivcr’s liccnccs
[The inclusion of this page is authorized by L.N. 88/20031
3
211.
21.
22 .
23.
2-1.
25.
26.
27 .
28.
29.
30.
31.
32.
33.
34.
3JA.
3-18,
34C.
RJD.
3JE.
34F.
34G.
35.
3 6 .
37 .
3%.
Proixions as to physical fitness of applicants for dn\.ers' licences.
Constitutron of Road TraRic Appeal Tribunal.
Production of driver's licence to constable on request.
Disqualification for offcnccs.
Provisions as to disqualifications and suspensions.
Pro\ isions as to endorsements.
Provisions as to Driving mid (?fences in ~ o i i i i e ~ t i o i i /herew.ith
Ratc of spccd on prcscribcd roads.
Reckless or dangerous driving.
Power to convict for rccklcss or dangcrous driving on trial for
manslaughter.
Powcr to procccd on chargc for carclcss driving on hcaring of cliargc
for rccklcss or dangerous driving.
Causing dcatli by rccklcss or dangcrous driving.
Disqualification for offcnccs causing death.
Carclcss driving.
Racing and spccd trials.
Driving motor vchiclcs undcr iflucncc of drink or drugs.
Driving or bcing in chargc of vchiclc whilc blood-alcohol Icvcls
excccd prcscribcd limit.
Brcath tcst.
Brcalh analysis.
Laboratoy tcsts.
Rcfusal to conscnt to taking of or providing of spcciincn.
Ancillary provisions as to cvidcncc in procccdings Tor an offcncc
undcr scction 34A or 34B.
lntcrprctation orscctions 31A to 34F.
Rcstriction on pillion riding.
Rcslriclion on nuinbcr of trailcrs drawn.
Duty to givc nainc and addrcss and 10 sbp. and powcr of arrcsl in
Rcstriclions on proscculions.
ccrlain cascs.
ROAD TRAFFlC
PART IV. Regdation of Commercial Motor cars
78. Prohibition to use commercial motor cars except under carriers'
79. Classes of camers' licences.
80. Procedure on application for licences.
81. Refusal. suspension or revocation of carriers' Licences in certain
82. Discretion of Licensing Authority to grant or to refuse carriers'
83. Conditions of licences.
84. Power to revoke or to suspend licences.
85. Objections to applications for licences.
86. Provisions for appeals in connection with licences.
87. Transfer of licences prohibited.
88. General power of making regulations.
89. Non-exemption of liability under other provisions of this Act
licences.
CBSCS.
licences.
or at common law.
5
PART V. Internarioiral circulation of Motor Vehicles
90. International circulation of motor vehicles.
91. Cases not within my convention.
PART Vl. Roads and Vehicles Generally
92. Application of this Part to all vehicles.
93. Application of certain provisions of Part I1 to this Part.
94. Regulation of bicycle racing on roads.
95. Issue by Island Traffic Authority of directions for guidance of
96. Erection of traf6c signs, etc.
98. Power of Road Authority as to refuges.
99. Arrangements for patrolling school crossinPS.
100. Power of school crossing patrols to stop traffic.
101. Foot passenger crossings.
102. Provision of foot-paths.
users of roads.
97. AI1 traffic signs to be obeyed
mhhe inchsion of this page is authorized by L.N. 951 19971
6 ROAD TRAFFlC
103. Power to declare roads, principal roads.
104. Relating to drovers.
105. Power of Road Authority temporarily to prohibit or restrict
t d i c on roads.
PART W. General
106. Regulations.
107. Relating to regulations under this Act.
108. Punishment of offences not oherwise provided for.
109. Trial of offences.
110. Liability of driver or owner not affected.
111. Application to persons in Public SeMce.
112. Prerogative.
113. Saving.
114. Certain provisions of Part II not to apply to vehicles of Jamaica
115. Exemption from certain restrictions.
Defence Fora.
PART VIlI. Special Powers of Enforcement md Administration
Tr&c Tickets
116. Punishment without prosecution of offences in connection with
lights, reflectors, oktruction. etc.
Trafie W d e m
117. Tr&c wardens.
S p d Enforcement Provisions
118. Duty to give information as to identity of driver. etc., in certain
119. Evidence by artificatc.
120. Proof, in summary p r o c c e w , of identity of driver of vehicle.
121. Charges for removing and storing vehicles.
122. Disposal of vehicles abandoned on roads or in p a r k i n g places.
123. Regulations.
cases.
SCHEDULES
~ - - ._.
mhe inclusion of this is authbrized by L.N. 951 19971
ROAD TRAFFIC 7
THE ROAD TRAFFIC ACT Cap 346.
Laws
23 of1953,
31 of1953,
5 of 1954,
16 of 1956,
30 of1956,
23 of1957,
6 011959,
15 of1960,
20 of 1960,
11 ofl%l,
14 of 1962.
Ada
7 of 1963,
17 of1963,
5 of l%4,
20 011964,
15 of1967,
PART I . Preliminary
1. This Act may be cited as the.Road Trac Act. short title.
2. In this Act-
Interpreta-
tion.
"area" means the area from time to time prescribed as a
traffic, or as a licensing area, and the expressions
"traffic area" and "licensing area" shall be construed -
accordingly;
"chauffeur" means a person who drives a motor vehicle and
receives compensation therefor;
"child" includes any person whose size, height or build is 1311999
S. 2.
such that the person experiences or is likely to
experience problems or difficulty with the upper
anchorage point of a seat belt;
"child restraint system" means a seat belt, restraint system
or other device or combination of devices, designed to
diminish the risk of injury to a child, in the event of
collision or of abrupt deceleration of a vehicle, by
[The Inclusion of thls page Is authorized by L.N. 180An006)
ROAD TRAFFIC
limiting the mobility of the body of the child, being a
device or combination of devices which-
(a) is designed either to be fixed directly to a
suitable anchorage or to be used in
conjunction with an adult seat belt and held in
place by the restraining action of that belt; or
(b) is fitted in the vehicle by the manufacturer and c]
is of a type which complies with such
standards as may be prescribed by the
Minister by regulations in respect of the
shape, quality, construction, installation and
assembly of seat belts and other safety belt
assemblies and anchorage and child restraint
systems;
"driver" where a separate person acts as steersman of a
motor vehicle, includes that person as well as any other
person engaged in the driving of the vehicle, and the
expression "drive" shall be construed accordingly;
"fares" includes sums payable in respect of a contract ticket
or a season ticket;
1311999 "front seat" in relation to a motor vehicle, means a seat
S. 2. which is wholly or partially in the front of the vehicle;
1311987 "Licensing Authority", in relation to any licensing area,
2nd Sch. means the Transport Authority established under the
Transport Authority Act; ( -1
,_
2711971 "local authority" means, in relation to the parishes of
s. 2. Kingston and St. Andrew, the Kingston and St. Andrew
Corporation, and, in relation to any other parish, the
Parish Council for that parish;
[The lnclu~lon of thls page Is authorized by L.N. 180.4/2006)
ROAD TRAFFlC
”motor vehicle” means any mechanically propelled
vehicle intended or adapted for use on roads;
“owner” means the person for the time k i n g in whose
name any motor vehicle or trailer is registered;
“prescriM” means prescribed by regulations;
“rear seat” in relation to a motor vehicle, means a 3 , 1 5 9 9
seat which is wholly or partially in the rear of
the vehicle;
fixed to the structure of a motor vehicle by appro-
priate means and a seat belt for which at least
one anchomge p i n t is located on the structure
of the seat;
“Road Authority” in relation to any road means the L.N.
authority (being the Chief Technical Director or
the Council of the Kingston and St. Andrew
Corporation or a Superintendent of Parochial 6/19S9
to be a Road Authority pursuant to the provisions
of subsection 12) 1 responsible for the maintenance
of the road;
bridges over which a road passes, and any road-
way to which the public are granted access and any
roadway declared to be a road pursuant to the
provisions of subsection (2);
straps with a securing buckle, adjusting deviax
and an attachment which is anchored at a point
to the structure of the seat of a motor vehicle
by appropriate means and is designed to diminish
the risk of injury to its wearer, in the event of
collision or of abrupt deceleration of the vehicle,
by limiting the mobility of the body of the wearer;
“restraint system” means a system combining a seat i34f999
96411959.
Roads and Works or any other person declared s. xrx
“road” means any main or parochial road and includes !.’gz.
“seat belt” means any arrangement or assembly of ;’&,I599
[The inclusion of this page is authorized by L N. 3120011
ID ROAD TRAFFlC
“trolley vehicle” means a mechanically propelled
vehicle adapted for use upon roads without rails
and moved by power transmitted thereto from
some external source.
(2) The Minister may by order declare any roadway
to be a road for the purposes of this Act, and such order
may declare any person to be the Road Authority for the
purposes of this Act in relation to the roadway s@d
in the order.
(3) Every motor vehicle shall be deemed for m y
purpose, to be a carriage within the meaning of any Act
of this Island and of any rules, regulations or by-laws
made under any Act of this Island, and if used as a Carriage
of any particular class shall be deemed to be a Carriw
of that class, and the Act relating to carriages of that class
shall apply accordingly.
E*bji&- 3.-(1) There shall be established at Kingston a Road
RoadTraffic Traffic Control Authority (in this Act referred to as the
Control Autbority “Island Traffic Authority’?.
(2) The Island Traffic Authority shall be the Chief
ulcnor. Technical Director, the Commissioner of Police and one
other member appointed by the Minister, two to form a
quorum, and there shall be attached to the Authority such
officers and servants as the Governor-General shall from
time to time appoint.
(3) The Island TrafEc Authority shall have the
general control of road traffic in the Island and shall be
also the Traffic Area Authority for the W c area in
which is included the Corporate Area as dehed by the
Kingston and St. Andrew Corporation Act.
(4) A person appointed an officer or servant by
virtue of subsection (2) shall receive such salary as may
be provided in the estimates of the Island and shall perform
such duties as the Island Tr&c Authority shall assign.
611959
s. UCY
men1 of
and
branched
LN.
233”964
[The inclusion of &is page is authorized by L;N. 3/2001]
ROAD TRAFFIC 11
( 5 ) There shall be established, in such traffic areas of the
Island as may be prescribed, a branch of the Island Traffic
Authority (in this Act referred to as the ‘‘Traffic Area
Authority”) under a Superintendent of Public Works, a
Superintendent or Assistant Superintendent of Police and one
other member appointed by the Minister, two to form a quorum,
and there shall be attached to the Traffic Area Authority such
officers and servants as the Governor-General shall from time to
time appoint.
(6) A Traffic Area Authority shall in relation to road
traffic control within its area be subject to the general or special
directions of the Island Traffic Authority, and a person
appointed an officer or servant by virtue of subsection ( 5 ) shall
receive such salary as may be provided in the estimates of the
Island and shall perform such duties as the Island Traffic
Authority shall assign.
4.--(1) The Island Traffic Authority or any Trafic Area 1)cicgation
Authority may for the purpose of the due discharge of its ~)~~~~~~’
hnctions under this Act, delegate any of those hnctions to any Authoritio\
officer or servant of or attached to either of these Authorities or
to such private entity or person as the Island Traffic Authority i4/2002
may fiom time to time designate.
2011 960
2(a)
s 2
(2) A delegation under this section may be made in
respect of any particular matter or class of matters or generally
or may be limited to any part of the Island and may be made
subject to such terms and conditions as the delegating Authority
thinks fit.
(3) A delegation under this section-
(a) may at any time be revoked by the delegating
Authority;
(h) while in farce shall not prevent the discharge by the
delegating Authority of any function thereby
delegated.
Duties of
a i d l r a f f i c
.Area
5. It shall be the duty of the Island Trat'fic Authority and,
subject to the provisions of subsection (6) of section 3 , of a
Traffic Area Authority, in accordance with the provisions of this
Act-
Island Traffic
Authorities.
(a) to regulate and control trafic on roads;
(h ) to inspect fiom time to time all motor vehicles;
(c) to test applicants for drivers' licences as to their
competence to drive and, in the case of chauffeurs, as
to their mechanical knowledge and to grant the
necessary certificates of competence;
(U') to grant certificates of fitness referred to in section 10;
(e ) to keep records of endorsements on drivers' licences,
v) to keep records of all accidents on roads;
(g) to fbrnish annually to the Minister a report of all
accidents on roads which result in death or injury to
persons, and as far as practicable the causes attributed
to such accidents;
(h) to keep a Drivers' Offences Book;
(i) to enforce the provisions of this Act and of regulations
made thereunder.
6. [Repealed by Act 13 qf 1987.1
Delegation of
.Authorit!.
7.-+1) A Licensing Authority may for the purpose of the due
discharge of its fbnctions under this Act delegate any of those
hnctions to a Collector of Taxes or any other public officer.
hnctions by
Licensing
20 1960
S. Z(b).
(2) A delegation under this section may be made in
respect of any particular matter or class of matters or
[The iiicliisioii of 1111s pace IS nuthoiized b\ L N S S 200.71
ROAD TRAFFIC
generally or may be limited to any part of the licensing
area of the delegating Authority and may be made subject
to such terms and conditions as the delegating Authority
thinks fit.
13
(3) A delegation under this section-
(0) may at any time be revoked by the delegating
Authority;
(b) while in force shall not prevent the discharge by
the delegating Authority of any function thereby
delegated.
8. The validity of any proceedings of the Island Traffic Vslidily.of
Authority, any TrafEic Area Authority or any Licensing
Authority shall not be affected by any vacancy amongst zp&,
the members thereof or by any defect in the appointment Fue,&z
of a member thereof.
PART II. Regulation of Motor Vehicles
9. This Part shall apply to all motor vehicles and to A fi-ti-
vehicles (in this Act referred to as “trailers’? drawn by Pan.
motor vehicles:
of%
Provided that the provisions of this Part, other than
sections 16 to 25, both inclusive, and sections 27, 32, 34
and 39 shall not apply to trolley vehicles, the use of which
IThc inclusion of this page is authorized by L.N. 37/19RRl
14 ROAD TRAFFIC
Certificate
of fimesa
is authorized or regulated by a special Act, unless the special
Act so provides.
10.41) A motor vehicle shall not be used on a road
unless there has been issued in respect of the vehicle, and
prior to the licensing of the vehicle, by a Traffic Area
Authority, a certificate (in this Act referred to as a
“certificate of fitness”) that the prescribed conditions as
to fitness are fulfilled in respect of the vehicle, and such
certificate is in force in respect of the vehicle:
20/1%4 Provided that the prescribed fee shall be payable for a s. 2. certificate of fitness.
(2) A motor vehicle lioence of any class shall not
be refused on the ground that the construction or fixed
equipment of the vehicle is not suitable if a certificate of
fitness as a vehicle of that class has been issued and is in
force in respect of the vehicle.
(3) A Traffic Area Authority may at any time
revoke a certificate of fitness issued by the Authority, and
if on the inspection of a motor vehicle it appears to any
such Authority that the vehicle does not comply with the
prescribed conditions as to fitness that Authority may
revoke the certificate of fitness, and where by reason of the
revocation of a certificate of fitness or otherwise a vehicle
ceases to be a vehicle in respect o€ which a certificate of
[The inclusion of this pasc is authorized by L.N. 37/19881
ROAD TRAFFIC
fitness is in force any licence granted in respect of that
vehicle shall cease to have effect unless and until a new
certificate of fitness is obtained.
(4) Any person driving or using a motor vehicle in
contravention of the provisions of this section shall be
guilty of an offence.
15
11.-(1) Motor vehicles shall, for the purposes of this Classifica-
tion of
V e h i d e s
Act and regulations made thereunder be divided into the motor
following classes-
(a) motor tractors; that is to say, motor vehicles which
are not constructed themselves to carry any load
other than the following articles, that is to say,
water, fuel, accumulators and other equipment
used for the purpose of propulsion, loose tools
and loose equipment;
(b) trucks; that is to say, motor vehicles (not being
classified under this section as motor cars) which
are constructed themselves to carry a load or
passengers or both;
(c) motor cars; that is to say, motor vehicles (not
being classified under this section as motor cycles
or invalid carriages) which are-
(i) constructed solely for the carriage of
passengers exclusive of the driver;
(ii) adapted to carry not more than seven
passengers exclusive of the driver,
(d) private motor cars; that is to say, motor vehicles
whether “trucks” or “motor cars”, within the
meaning of this section, (not being vehicles class-
ified as “commercial motor cars”) constructed
me inclusion of this page is authorized by L.N. 68/1978]
16 ROAD TRAFFZC
solely for the carriage of passengers and their
effects and used exclusively for personal purposes;
(e) motor cycles; that is to say, motor vehicles (not
being classified under this section as “invalid
carriages”) with less than four wheels and the
unladen weight of which does not exceed eight
hundredwelght;
cf, invalid carriages; that is to say, motor vehicles,
the weight of which unladen does not exceed five
hundredweight and which are specially designed
and constructed, and not merely adapted, for the
use of persons suffering from simple physical defect
or disability and are solely used by such persons;
(g) trailers; that is to say, vehicles without motive
power designed or used for carrying goods or
freight or persons wholly on their own structure
and for being drawn by a motor vehicle.
(2) For the purposes of this Part-
(a) in any case in which a motor vehicle is so
constructed that a trailer may by partial super-
imposition be attached to the vehicle in such man-
ner as to cause a substantial part of the weight
of the trailer to be borne by the vehicle, that
vehicle shall be deemed to be a vehicle itself con-
structed to carry a load; and
(6) in the case of a motor vehicle fitted with a crane,
dynamo, welding plant or other special appliance
or apparatus, which is a permanent or essentially
permanent fixture, the appliance or apparatus
shall not be. deemed to constitute a load but shall
be deemed to form part of the vehicle; and
me inclusion of this page is authorized by L.N. 68/19781
ROAD TRAFFIC
(c) a side-car attached to a motor cycle shall be regarded
as forming part of the vehicle to which it is attached
and not as being a trailer.
Licensing and Registration of Motor Vehicles
12.-(1) There shall be charged, levied and paid to the Licence
Licensing Authority of the area in which any motor vehicle or 2:: On
trailer is kept for use on a road, annual licence duties at the rates vehicles.
2011 964 specified in the First Schedule. Such duties shall, save as may ,, ,(a,:
hereinafter be provided, be payable in accordance with the (b),(c).
1511967 provisions of section 13, and, subject thereto, be collectable, ,, 2(a,,
recoverable and enforceable under the provisions of any Act for FUS~
the time being in force regulating the payment, collection, Schedule,
recovery and enforcement of taxes or duties:
Provided that a licence to use a motor vehicle shall not be
granted unless the applicant for the licence produces to the
Licensing Authority a certificate of fitness in respect of the
vehicle:
Provided further that in the case of motor vehicles brought
into Jamaica by persons making only a temporary stay in
Jamaica or by dealers in motor vehicles, the regulations made
under this Act may provide for the issue of licences and
registration plates and for the kind of licences and registration
plates to be issued to such persons, and as to the conditions
C') under which such licences and registration plates shall be issued and the duty payable.
(2) The Minister responsible for finance may by order- 1711963
S. 2.
(a) revoke, increase, reduce or alter any licence duty
specified in the First Schedule and may add any
licence duty thereto; and
[The inclusion of this page is authorized by L.N. 1 1 1/2005]
ROAD TRAFFIC
(b) revoke, increase, reduce or alter any fee imposed by
subsection (3) of section 17, subsection (1) of section
18, subsection (5) of section 25, subsection (3) of
section 66 or subsection (1) of section 70.
11/1961.
s.2. (3) An order made under subsection (2) may
contain such consequential, supplemental or ancillary
provisions as appear to the said Minister to be necessary
or expedient for the purpose of giving due effect to the
order.
1111961 (4) An order made under subsection (2) shall be
S. 2. subject to affirmative resolution of the House of
Representatives.
(5) [Deleted by Act 25 of 2004.1
(6) The duties charged under this section shall be
paid upon a licence to be taken out by the owner or person
in charge of the motor vehicle or trailer and which shall
be issued and be subject to such conditions and regulations as
may be prescribed. (3
(7) Every person applying for the first licence in
respect of any motor vehicle or trailer under this section
[The inclusion of this page is authorized by L.N. 1 1 112005]
ROAD TRAFFIC
shall make application to the Licensing Authority of the
area in which the motor vehicle or trailer is kept for use
on a road, and shall make a declaration and furnish such
particulars with respect to the motor vehicle, or trailer for
which the licence is to be taken out, as may be prescribed.
On the expiration of the period covered by the first or any
subsequent licence a fresh licence shall be issued by the
Licensing Authority in the name of the owner for the time
being, upon appIication, production of a certificate of fitness
and payment of the duty
(8) Every licence issued under this section shall be
issued in respect of the vehicle specified in the application
for the first or original licence or in the new licence granted 20,1%,
under subsection (7) and shall not entitle the person to xd).
whom it is issued to use any other motor vehicle or trailer.
(9) When any motor vehicle or trailer in respect of
which any licence has been issued is used or altered and
used after the licence has been issued in such manner as to
cause the vehicle to become a vehicle in respect of which a
licence at a h i e r rate of duty is required, the licence shall
become void, but the holder of the licence shall. on
surrendering the same and furnishing the prescribed parti-
culars, be entitled to receive a new licence in respect of the
motor vehicle to have effect for the period for which the
surrendered licence would, if it had not been surrendered,
have remained in force, on payment of such amount, if
any, as represents the difference between the amount pay-
able on the new licence and the amount paid on the sur-
rendered licence.
(10) No duty shall be payable under this section in
respect of fire engines, ambulances and road rollers nor
upon tractors used exclusively within the limits of the
estate or pen to which they belong or upon any public road
IThe inclusion of lhis paee is audhorued by I.N. 3:200l]
19
20 ROAD TRAFFIC
running through such estate or pen and within the limits
of the same.
(1 1) Regulations made under this Part may provide
for the total or partial exemption for a limited period from
the duty payable under this section on any motor vehicle
brought into Jamaica by persons making only a temporary
stay in Jamaica, and for refunds of duty or partial exemp
tion from duty in respect of vehicles no longer in use on
a road.
(12) Any licence issued under this section may be
transferred in the prescribed manner.
(13) If any person knowingly makes a false
statement in any declaration required to be made under this
Act such person shall be liable on conviction to a penalty
of five thousand dollars and in default of payment thereof
to imprisonment, with or without hard labour, for a term
not exceeding three months.
2111999
82.
Duralion
of IiEcnfa.
2211987 a z
13.41) A licence under section 12 may be taken out fm-
(a) a period of twelve months; or
(b) a period of six months,
commencing from the beginning of the month in which tbe
licence first has effect.
(2) The duty payabIe under section 12 on a Hcence
for any vehicle shall-
(a) if the licence is taken out for a period of twelve
months, be paid at the annual rate of duty appli-
cable to that vehicle;
(b) if the licence is taken out for a period of six months,
be an amount equal to one-half of the annual rate
of duty applicable to that vehicle.
W e inclusion of & page is authorized by LH. 3/2001]
ROAD TMFPYC
( 3 ) For the purposes of this Act-
21
(a) issue of a licence under section 12 to take effect upon
the expiry of an earlier licence may be made not earlier
than thirty days before the date of expiry of the earlier
licence; and
( h ) without prejudice to paragraph (a) or to collection
when the licence duty is actually being paid,
enforcement of any provision for the collection or
recovery of licence duty payable under section 12 shall
not be undertaken during the month of grace and the
earlier licence shall, during the month of grace or until
renewed during that month, be regarded as still in
force.
(4) For the purposes of subsection (3) “the month of
grace”, in relation to any licence, means the period of one month
after the expiration of the licence.
( 5 ) Except in such circumstances as may be prescribed,
every application for a licence shall be deemed to be an
application for a licence to take effect immediately after the date
of expiry of the previous licence, and licence duty shall be
payable accordingly.
(6) The provisions of sections 15 and 18 of the Tax
Collection Act (which relate to payment of taxes in moieties or
quarterly) shall not apply to any licence duty payable in
accordance with this section.
14.--(1) Every motor vehicle or trailer kept for use on a road hlotor
shall be registered in a book to be called the “Motor Vehicles ~$~~~~
Register” and shall carry registration plates in the prescribed
manner and such registration shall be effective for the whole
period during which such motor vehicle or trailer is so used,
subject to such alterations through loss of registration plates or
otherwise, as may be effected in accordance with regulations
made under this Act.
2 2 ROAD TRAFFIC
Pa>ment of
licence duties
and fees into
Consolidated
Fund and
Parochial
RwenueFund
and the Road
Maintenance
Fund.
18 1996
s. 2.
38 2002
S 2 (a) (b).
(2) The hlotor Vehicles Register shall be kept by the
Licensing Authority of the area in which the licence for the
motor vehicle or trailer is issued, and in such Register shall be
entered the letter and number of the registration plate, the name
and address of the person for the time being in whose name the
vehicle is registered, the number of any licence issued and the
cause of discontinuance of the issue of the licence.
(3 ) If a motor vehicle or trailer is used on a road without
being registered or licensed, or in contravention of the terms of
the licence or if any,registration plate or licence to be affixed
and kept affixed in accordance with regulations made under this
Act is not so affixed and kept affixed or if being so affixed is in
any way obscured or rendered or allowed to become not easily
distinguishable, the person driving or using the motor vehicle or
trailer shall be guilty of an offence and the motor vehicle or
trailer shall be liable to be seized and kept in the possession of
the Police until the requirements of this Act and regulations
thereunder have been complied with.
(4) A person shall not be convicted of an offence under
this section if he proves that he has had no reasonable
opportunity of registering or licensing the motor vehicle or
trailer and that the vehicle is being driven or drawn on the road
for the purpose of being registered or licensed.
15.-(1) All licence duties and fees paid or payable under
this Act or the regulations thereunder, other than the proportion
of licence duties on motor vehicles specified in subsections (2)
and (3), shall be paid into or accrue to the Consolidated Fund.
(2) An amount equivalent to 66 % per cent of licence
duties on motor vehicles shall be paid into and accrue to the
Parochial Revenue Fund established under the Parochial Rates
and Finance Act.
[The illdiisioii of 1111s page I S authorized by L N 88/2003]
ROAD TRAFFIC 23
( 3 ) An amount equivalent to 3 3 % per cent of licence
duties on motor vehicles shall be paid into or accrue to the Road
Maintenance Fund established under the Road Maintenance
Fund Act.
Liceiices of Dsivers
16.-(1) A person shall not drive a motor vehicle on a road
unless he is the holder of a licence for the purpose (in this Act
referred to as a “driver’s licence”) and a person shall not employ
any person to drive a motor vehicle on a road unless that person
so employed is the holder of such a driver’s licence. If any
person acts in contravention of the provisions of this subsection
he shall be guilty of an offence and shall be liable on summary
conviction before a Resident Magistrate to a fine not exceeding
ten thousand dollars, and the burden of proving that such person
holds such a driver’s licence shall be upon the person charged:
Dnvzrs’
licznccs
rcquircd.
11986
s. 2 (a).
1 1993
s. 10.
21 1999
s. 2.
Provided that this subsection shall not apply to a person who
is being taught to drive (in this Act referred to as a learner) by
the holder of such a driver’s licence who is directing the learner 1 l9s6
or who is in responsible control:
S. 2 (b).
11986
s. 2 ( C ) . Provided krther that-
(a) such vehicle-
(i) shall have displayed at the back and front
thereof such distinguishing mark as may be
prescribed; and
(ii) shall be operated subject to such restrictions
relating to the carrying of passengers or freight
as may be prescribed; and
I I l i c 111~111~ioii 01 tI i\ pigc I\ .iiitliorizcd b\ I N Y Y 20011
ROAD TRAFFIC‘
(h ) the learner is either the holder of a provisional licence
issued under this section or, although not the holder of
a driver’s licence authorizing him to drive the class or
description of vehicle in respect of which he is a
learner, is nevertheless the holder of a driver’s licence
in respect of some other class or description of motor
vehicle.
30 1954 (2) A driver’s licence issued under this Act shall,
subject to the provisions of this Act, continue in force for the
14 1984 prescribed period and the licence duty in respect thereof shall be
s 2 (d) paid in full at the time of the issue of the licence
s 3
(3) Application for a driver’s licence shall be made to
the Licensing Authority of the area in which the applicant
resides.
(4) Drivers’ licences shall be of three classes, that is to
say-
(a) “a private driver’s licence”, which shall entitle the
holder thereof to drive, not for reward, “trucks”,
“motor cars”, (not being public passenger vehicles or
commercial motor cars) and “invalid carriages”
(b) “a general driver’s licence”, which shall entitle the
holder thereof to drive, whether for reward or
otherwise, such class or classes of motor vehicles as
may be specified in the licence and which his
examination test or tests prove him competent to drive;
(c) “a motor cycle driver’s licence”, which shall entitle the
holder thereof to drive a motor cycle.
[The iiiclusioii of this page I S aufhonzed by L N 88/2003]
ROAD TRAFFIC 25
(5 ) Drivers’ licences shall be in the prescribed form ~ / i w b
tion (whether with respect to the class of licence or with
respect to the description, design, construction, weight or
any other feature of the vehicle which, as shown in the
certificate of competence under section 18, he is competent
to drive) the extent of such restriction shall be specified
in the prescribed manner on the licence.
and where the holder of the licence is subject to any restric- S. I (d).
(6) The Licensing Authority on application by a
person of at least seventeen years of age desiring to learn
to drive a motor vehicle with a view to passing a driver’s
test under section 18, may grant to such person a provisional
licence to be in force for a period of twelve months which
licence shall be in the prescribed form and granted subject
to the prescribed conditions. If any person to whom such
a provisional licence is granted fails to comply with any
of the conditions subject to which it is granted he shall
be guilty of an offence and shall be liable on summary con- ;/?a
viction before a Resident Magistrate to a fine not exceeding
four thousand dollars. 2111999 s. 2.
17.41) A Licensing Authority shall, subject to the ~ ~ ~ ; ~ ~ ~ ,
provisions of this Part, grant a driver’s licence of the
appropriate class to any person resident in the area of the
Licensing Authority who applies for it in the prescribed
manner and produces to the Licensing Authority a certi-
ficate of competence mentioned in section 18.
(2) A Licensing Authority shall enter in a book
to be called the “Drivers’ Licences Book” the particulars
of-
[The inclusion of this page is authorized by L.N. 312M11
ROAD TRAFFIC
(a) all drivers’ licences granted by the Authority in-
cluding the name, address and description of the
person licensed and the date of such licence;
(b) all drivers’ licences refused, suspended or revoked
by the Authority and the reason for such refusal,
suspension or revocation.
(3) In the event of any licence issued as aforesaid
being lost the Licensing Authority who issued the lost
licence may issue a new licence in place of the licence so
lost on payment of the prescribed fee. ~ 1 9 8 4
S 3 (b).
16[1964 (4) Any person who-
s. 3 (e).
(a) maliciously removes, defaces or destroys any m
cord; or
(b) with intent to deceive or defraud, alters or erases
any record,
kept by the Licensing Authority, shall be guilty of an offence
and shall be liable on summary conviction in a Resident
Magistrate’s Count to a fine not exceeding twenty thousand
dollars or to imprisonment for a period not exceeding twelve
months or to both such fine and imprisonment.
21/*999 s 2.
m a i m 18.41) A Licensing Authority shall not grant a drivcr’8
ofadnvcr,, licence unless the applicant for the licence pays to the
Eocsca 1611984 Licensing Authority the prescribed fee which may include
s. 4. a prescribed service charge and unless the applicant produces
to the Authority a certificate (in this Act referred to as a
“certificate of competence”) in the prescribed form, from
10 the gran1
[The inclusion of this page is aufhorized by L.N. 3/2001]
ROAD TRAFFIC n
the Tr&c Area Authority in whose traflic area is situated
the licensing area, certirying that the applicant-
(i) is able to read and write in English;
(ii) has complied with the provisions of this Act and
the regulations made thereunder and paid the
fees prescribed for a driver’s test and, has passed
or has been exempted from, such test and, where
the applicant is a chaufIeur has passed, or has
been exempred from, a test of his mechanical
knowledge;
(iii) is at least seventeen years of age, or in the case of
an applicant for a motor cycle driver’s licence
that he is at least of that age;
(iv) in the case of an applicant for a general driver’s
licence to drive a public passenger vehicle, has
attained the age prescribed for the holding of such
a licenoe;
(v) has produced to the Traffic Area Authority, a
certificate from a Justice or a Superintendent or
Assistant Superintendent of Police in the area
in which the applicant resides, in the presmid
form certifying that he is a Et and proper person
to be the holder of a driver’s licence;
(vi) in the case of an applicant for a private driver’s
licence, or for a motor cycle driver’s licence, has
made a declaration in the prescribed form that he
is not suffering from any such disease or physical
disability as may be specified in the form, or any
other disease or physical disability which would
be likely to cause the driving by him of a motor
[The inclusion of this page is anthorized by L.N. 3/2001J
28 ROAD TRAFFIC
vehicle, being a vehicle of such class or descrip-
tion as he would be authorized by the licence to
drive, to be a source of danger to the public;
2111999
s.2.
(vii) in the case of an applicant for a general driver’s
licence has produced to the Traffic Area Authority
a medical certificate from a registered medical
practitioner, in the prescribed form, certifying that
he is not suffering from any such disease or
physical disability as may be specified in the form,
or any other disease or physical disability which
would be likely to cause the driving by him of a
motor vehicle, being of such class or description
as he would be authorized by the licence to drive,
to be a source of danger to the public :
Provided that the provisions of this subsection (other
than the provision for the payment of the licensing fee)
shall not apply to a person making only a temporary stay
in Jamaica if he produces to the Traffic Area Authority a
driver’s licence issued to him not longer than twelve months
before by the competent Authority in the country from
which he comes:
Provided further that the Licensing Authority may in
any case require the holder of such a licence to comply
with all or any of the provisions of this subsection.
(2) If any person for the purpose of obtaining the
grant of any licence to himself or any other person, or for
the purpose of obtaining a certificate of mrnpteucc, know-
ingly makes any false statement or withholds any material
information, he shall be guilty of an offence and shall be
liable to a penalty not exceeding twenty thousand dollars,
and in default of payanent thereof to imprisonmen4, with or
lThe inclusion of this pase is authorized by L.N. 3/20011
ROAD TRAFFtC 28.01
without hard labour, for any period, not exceeding three
months, or, in the discretion of the court, to imprisonment,
with or without hard labour, for any period not exceeding
three months.
(3) Notwithstanding anything in this Act to the 511964 s. 1. contrary, where the applicant for a driver's licence is a
member of the Jamaica Defence Force who is required
to drive vehicles belonging to the Force the certificate of
competence required pursuant to subsection (1) may be
furnished by a person authorized in that behalf by the
Chief of Staff of the Force, and for that p u r p o s e
(0) any function which, pursuant to that subsection,
is vested in a Traffic Area Authority may be
performed by the person authorized as aforesaid;
and
(b) any reference therein to a Traffic Area Authority
shall be construed to include a reference to a
person so authorized.
19.-(1) A person shall be disqualified for obtaining a Disqualifl-
caiion* for driver's licence- obraining
B driver's
licence.
(U ) while another licence of the same class granted to
him is in force, whether the licence is suspended
or not;
(6) if he is by a conviction under this Part or by an
order of a court under this Part disqualified for
holding or obtaining a driver's licence;
- ~ _ _ _ me inclusionof \his p88s is authorized by LA" 96iI9981
28.02 ROAD TRAFFIC
1/1993
S. 2!b).
16/1W s. 5.
amunds
for refusal
or cancel-
lation of
drivcrs’
l i ccncn
16/1984
S. 6.
111993
S. 3 (a).
111993
S . 3 (b).
(c) if he is disqualified by virtue of any of the provi-
sions of paragraph (a), ( b ) or (c) of subsection (4)
of section 59A.
(2) In any proceedings the fact that a driver’s
licence has been granted to a person shall be evidence that
that person for the purpose of obtaining that licence made
a declaration or produced a medical certificate, as the case
may be, that he was not disqualified for holding or obtain-
ing the licence.
(3) For the purposes of subsection (1) (a) two or
more licences shall, unless the contrary is proved by the
licensee, be regarded as having been granted to the same
person if his photograph appears thereon notwithstanding
that the licences are in different names.
19A.-(l) A Licensing Authority shall refuse to grant or
renew a driver’s licence in respect of any person if-
(U) the applicant is, for any reason, not entitled to be
granted a licence; or
(b) the applicant is, pursuant to section 19, disqualified
for holding or obtaining a driver’s licence.
(2) Where it appears to the Licensing Authority
that there is reason to believe that subsection (1) applies to
any person who is the holder of a driver’s licence or a pro-
visional licence, as the case may be, the Licensing Authority
shall revoke or suspend as the case may require the licence
held by such person.
-~ ~
lIheinclusionuf thispigeisauthoriredby L!N.%/1998]
ROAD TRAFFIC 29
(3) Where, pursuant to this section, the Licensing
Authority refuses to renew a licence or revokes or suspends ;’:$(%
a licence held by any person, the Licensing Authority shall
give notice of such refusal, suspension or revocacion, as the 1/1993
s. 3(C)(ti). case may be; and the reasons therefor to the holder of the
licence who shall, on receipt of such notice, without preju-
dice to any appeal to the Road Traffic Appeal Tribunal,
surrender the licence forthwith to the Licensing Authority.
(4) Any person who fails to surrender a licence as
required under subsection (3) shall be guilty of an offence
and shall be liable on first conviction to a h e not exceeding
ten thousand dollars or to imprisonment for a term not ;.*if99
exceeding three months and in the case of a second or sub-
sequent conviction to a fine not exceeding fifteen thousand 2 1 / 1 9 ~
months.
dollars or to imprisonment for a term not exceeding six s. 2.
20.41) Where a Licensing Authority refuses to grant provisiuru
a driver’s licence of any class on the ground that the appIi- z;ical
mentioned in paragraphs (vi) and (vii) of subsection (1) of igzm’
section 18-
cant is suffering from any such disease or disability as is apDl,can,s 1,I”CM “ f
(a) the Licensing Authority may grant to the appli-
cant a licence limited to drive an invalid carriage
if the Traffc Area Authority in whose traffic area
is situated the licensing area certifies to the
Licensing Authority that the applicant is fit to
drive such a carriage;
(b) the applicant may, except in the case of such
diseases and disabilities as may be prescribed, on
payment of the prescribed fee. claim to be sub-
jected to a test as to his fitness or ability to drive
a motor vehicle of any such class or description as
he would be authorized by the licence to drive and
if the Traffic Area Authority in whose traffic area
[The inclusion of this page is authorized by L.N. 3120011
nt in
30 ROAD TRAFFIC
the licensing area is situated certifies to the
Licensing Authority that the applicant has passed
the prescribed test and is not otherwise disquali-
fied, the grant of the licence shall not be refused
by reason only of the provisions of paragraphs
(vi) and (vii) of subsection (1) of section 18, so,
however, that if the Traffic Area Authority certifies
to the Licensing Authority that the test of the
applicant proves his fitness to drive vehicles of a
particular construction or design only, the licence
shaU be iimited to the driving of such vehicles;
(c) if on the first application for the grant of a
driver’s licence by a person who at the commence-
ment of this Act is the bolder of a driver’s licence
under any Law now repealed, an applicant who
is suffering from a disease or disability, other
than a disease or disability prescribed as afore-
said, makes a declaration that notwithstanding
his disease or disability he has during tbe six
months immediately preceding the application
been in the habit of driving a motor vehicle of any
such class or description as he would be authorized
by the licence to drive and that the disease or
disability from which he suffered did not cause
the driving of such a motor vehicle by him to be a
source of danger to the public, the licence shall
not be refused by reason only of such disease or
disability being a disease or disability other than
a disease or disability prescribed as aforesaid;
(d) if on the application for the grant of a licence the
applicant makes a declaration that on the occa-
sion of a previous application by him a licence
was granted to him after passing such a test as is
mentioned in paragraph (b), or on making such
a declaration as is mentioned in paragraph k), a
[The inclusion of this page is au,thonzed by L.N. 3/ZWll
ROAD TRAFFIC 31
further test will not be required unless from the
declaration as to physical fitness made by him for
the purposes of his application, or from informs-
tion received by the Licensing Authority, it appears
that the disease or physical disability from which
the applicant is suffering has beoome more acute
or that the applicant is suffering from some disease
or disability not disclosed on the previous occa-
sion or contracted since that occasion.
(2) If it appears to a Traffic Area Authority that
there is reason to believe that any person who holds a
driver’s licence is suffering from a disease or physical
disability likely to cause the driving by him of a motor
vehicle, being a vehicle of any such class or description as
he is authorized by the licence to drive, to be a source of
danger to the public, and on enquiry into the matter the
Authority is satisfied that the licence holder is sdering
from such a disease or disability as aforesaid the Authority
shall certify accordingly in the prescribed form to the
Licensing Authority who granted the licence, and such
Licensing Authority shall, whether or not the licence
holder so sdering as aforesaid has previously passed a
test under this section, after giving to the licence holder
notice of the intention of the Authority so to do, revoke
the licence and the licence bolder shall on receipt of such
notice deliver the licence to the Licensing Authority for
cancellation :
Provided that the licence holder may, except in the case
of such diseases and disabilities as may be prescribed,
claim to be subjected to a test as to his fitness or disability
to drive a motor vehicle, and if he passes the prescribed
test the licence shall not be revoked.
Zl.-(l) There shall be constituted a Road Tr&c Constitution
Appeal Tribunal which shall consist of a chairman and ~ ~ ~ f f i ~ of Road
Appeal two other members to be appointed by the Minister. Tribunal.
me inclusion of this page is authorized by L.N. 42) 19951
32 ROAD TRAFFIC
(2) The members of the Road Traffic Appeal
Tribunal shall, subject to the provisions of subsection (6),
hold office for such period, not exceeding two years, as
the Minister may determine, but shall be eligible for
reappointment.
(3) The Minister may appoint any person to act
in the place of the chairman or any other member of the
Road Traffic Appeal Tribunal in case of the absence or
inability to act of the chairman or other member.
(4) Any member of the Road Traffic Appeal
Tribunal may at any time resign his office by instrument
in writing addressed to the chairman thereof, who shall
forthwith cause it to be forwarded to the Minister, and
from the date of the receipt by the chairman of such instru-
ment such member shall cease to be a member of the Road
Traffic Appeal Tribunal.
(5) The appointment, removal, death, departure
from the Island or resignation of any member of the Road
Traffic Appeal Tribunal shall be notified in the Garerte.
(6) The Minister may make rules prescribing the
procedure to be followed upon appeal to the Road Traflic
Appeal Tribunal.
L.N.
233/'*.
13/1987 (7) Where any person is aggrieved-
2nd sch.
(a) by refusal of the Transport Authority to grant or
renew a licence; or
(b) by the revocation or suspension of a licence; or
(c) by the refusal of the Transport Authority to hear
any person who makes an objection to the grant
of the application for a licence in respect of a stage
or express carriage service pursuant to section 63
(7),
he may, after giving notice to the Transport Authority of his
intention so to do, appeal to the Road Traffic Appeal Tri-
1/1993 s. 4.
m e inclusion of this page is authorizzd by L.N. 421 I9951
ROAD TRAFFIC
bunal, which may make such orders as it t h i n k s fit, and, as
regards an appeal pursuant to paragraph (c), the Tribunal
may, regardless of the merits of the decision of the Transport
Authority on the matter order the Authority to hear any
person who has made an objection if the Tribunal in its
discretion, thinks it desirable, in all the circumstances, for
that person to be heard by the Authority.
35
(8) Any order made pursuant to subsection (7) shall 1311987
2nd. scb be final and conclusive and shall bind the Transport
Authority ,
22. Any person driving a motor vehicle on a road or produrnion
accompanying a learner in a motor vehicle on a road or a ~~~~
learner in a motor vehicle on a road shall, on being so
required by a constable, produce his driver’s licence for
examination so as to enable the constable to ascertain the
name and address of the holder of the licence, the date of
issue and the Licensing Authority by which it was issued,
and if he fails to do so he shall be guilty of an offence:
aforesaid is unable to produce his driver’s licence when so 111953
required but is able to satisfy the constable by other means
as to his name. address and identity, that constable shall,
if otherwise satisfied as to the credentials of that person,
permit him to produce such licence in person within five days
thereafter at such Police Station as may be specified by that
person at the time its production was required, and if the
licence is so produced that person shaU not be convicted of
an offence under this section.
of any criminal offence in connection with the driving of a :g:z
motor vehicle and any court before which a person is
convicted of any offence whatsoever under this Act or the
regulations made thereunder, in addition to any penalty
for such offence-
Provided that subject to section 116 (1) where a person zsf{E
s 5.
23.-(1) Any court before which a person is convicted D ~ ~ ~ ~ E ~ .
(The inclusion of this page is authokmd by LN. 42119951
34 ROAD TRAFFIC
(a) may in any case, except where otherwise expressly
provided by this Part, and shall, where so required
by this Part, order him to be disqualified for
holding or obtaining a driver’s licence for such
period as the court thinks fit; and
(6) may in any case, and shall where a person is by
virtue of a conviction disqualified for holding or
obtaining a licence, or where an order so disquali-
fying any person is made or where so required by
this Part, order that the particulars of the con-
viction and of any disqualification to which the
convicted person has become subject shall be
endorsed on any licence held by the offender:
Provided that, if the court thinks fit, any disqualifica-
tion imposed under this section may be limited to the
driving of a motor vehicle of the same class or description
as the vehicle in relation to which the offence was
committed.
(2) A person who by virtue of an order of a court
under this Part is disqualified for holding or obtaining a
driver’s licence may appeal against the order in the same
manner as against a mnviction and the court making the
order may if it thinks fit, pending the appeal, suspend the
operation of the order.
P ~ * M 24.-(1) Where a person who is disqualified by virtue
%&&fi, of a conviction or order under this Part is the holder of
ausIpLwIiom. lionsand a driver’s licence, the licence shall be suspended so long
as the disqualification continues in force.
(2) A licence suspended by virtue of this Part shall
during the time of suspension be of no effect.
(3) A person who by virtue of a conviction or order
under this Part is disqualified for holding or obtaining a
driver’s licence may, at any time after the expiration of
[The inclusion of this page iS authorized by L.N. 42/1995]
ROAD TRAFFIC 35
six months from the date of the conviction or order, and
from time to t h e , apply to the court before 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 specilied in
the order or refuse the application:
Provided that, where an application under this sub-
section is refused, a further application thereunder shall
not be entertained if made within three months after the
date of the refusal.
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 and
the court shall in any case have power to order the applicant
to pay the whole or any part of the costs of the application.
(4) If any person who, under the provisions of this
Part, is disqualified for holding or obtaining a driver’s
licence applies for or obtains a licence while he is so dis-
qualified, 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 class or
description, a motor vehicle of that class or description, on
a road, that person shall be guilty of an offence and shall
be liable on conviction thereof to imprisonment. with or
without hard labour, for a term not exceeding six months
or if the court thinks that, having regard to the special
circumstances of the case, a pecuniary penalty would be
an adequate punishment for the offence, to a penalty not
exceeding ten thousand dollars, and in default of payment 22,1999
to imprisonment with or without hard labour for a term not s. 2.
[The ioclusion of this page is authorized by L.N. 3/20011
36 ROAD TRAFFIC
exceeding three months or to both such imprisonment and
such penalty, and a licence obtained by any person dis-
qualified as aforesaid shall be of no effect.
( 5 ) Notwithstanding any enactment prescribing the
time within which proceedings may be brought before a
court of summary jurisdiction proceedings for an offence
under subsection (4) 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 prosecution that the offence had
been committed nor one year from the date of
the commission of the offence,
whichever period is the longer.
(6) For the purposes of this section, references to
orders under this Part include references to orders under
the corresponding provisions of any enactment now
repealed.
Provisions
endorse- as t
rncnts.
25.41) 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 driver’s
licence held by the offender shall, whether the offender i s
at the time the holder of a licence or not, operate as an
order that any licence he may then hold or may subse-
quently obtain, shall be so endorsed until he becomes
entitled under the provisions of this section to have a
licence issued to him free from endorsement.
(2) Where an order is made requiring any driver’s
licence held by an offender to be endorsed, then-
(a) if the offender is at the time the holder of a
driver’s licence, he shall, if so required by the
court, produce the licence within five days or such
[The inclusion of this page is authorized by L.N. 3/2001]
ROAD TRAFFK 37
longer time as the court may determine for the
purpose of endorsement; and
(b) if he is not then the holder of a licence, but subse-
quently obtains a licence, he shall within five days
after so obtaining the licence produce it to the
court for the purpose of endorsement,
and if he fails so to do, he shall be guilty of an offence; and
if the licence is not produced for the purpose of endorse-
ment within such time as aforesaid, it shall be suspended
from the expiration of such time until it is produced for
the purpose of endorsement.
(3) On the issue of a new driver’s licence to any
person, the particulars endorsed on any previous licence
held by him shall be copied on to the new licence unless he
has previously become entitled under the provisions of this
section to have a licence issued to him free from endorse-
ments.
(4) If any person whose driver’s licence has been
ordered to be endorsed and who has not previously become
entitled under the provisions of this section to have a
licence issued to him free from endorsement applies for
or obtains a licence without giving particulars of the order,
he shall be guilty of an offence and shall be liable on
conviction thereof to imprisonment, with or without hard
labour, for a term not exceeding three months or to a
penalty not exceeding ten thousand dollars, and in default 21119s
for a term not exceeding three months and any 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 enactment now repealed requiring the
endorsement cf any licence hsld by him, has dining a
continuous period of three years or upwards since the order
was made had nq such order made apainrt him. he shall
of payment to imprisonment with or without hard labour s2.
[The inclusion of this page is authorized by L.N. 3/2M)l]
38 ROAD TRAFFIC
I6 I 1984 s. 9.
be entitled, either on applying for the grant of a licence
under this Part or subject to payment of a fee of ten dollars,
and subject to surrender of any subsisting licence, at any
time, to have issued to him a new licence free from endorse-
ments :
Provided that, in reckoning the said period of three
years, any period during which the person was by virtue
of the order disqualified for holding or obtaining a driver’s
licence shall be excluded.
(6) Where a court orders particulars to be endorsed
on a driver’s licence held by any person, or where by a
conviction or order of a court a person is disqualified for
holding or obtaining a licence, the court shall send notice
of the order to the Traffic Authority in whose traffic area
that person resides, and in a case where a person is so
disqualified, shall also on the production of the licence for
the purpose of endorsement retain the licence and forward
i t to such Traffic Authority, and that Authority shall keep
the licence until the disqualification has expired or been
removed and the person entitled to the 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 8
particular class or description, the Traffic Authority to
whom that person’s licence has been forwarded under this
subsection shall forthwith after the receipt thereof cause
the appropriate Licensing Authority to issue to that
person a new licence on which there shall be indicated
in the prescribed manner the class or description of vehicle
which the holder of the Licence is not thereby authorized
tu drive, and the licence so issued shall remain in force
either for the unexpired period of the original licence or
for the period of disqualification. whichever is the shorter.
(7) Where on an appeal against any such order the
appeal is allowed, or where any such conviction is quashed
[The inclusion of this page is authoriEed by L.N. 3/2IXJlI
ROAD TRAFFIC
the court by which the appeal is allowed or the conviction
is quashed, shall send notice thereof to the Traffic
Authority in whose traffic area the person affected by the
order or conviction resides and to the Licensing Authority
who issued the licence.
39
Provisions as to Driving and Offences in connection
therewith
26.-(1) I t shall not be lawful for any person to drive a Rate of
Speed 011 motor vehicle of any class or description on a prescribed prescribed
greater than the speed prescribed as the maximum speed
in relation to a vehicle of that class or description and if
any person acts in contravention of this section he shall
be guilty of an offencse and shall be liable on conviction 12/19xi
road or on a road within a prescribed area at a speed roads.
s 4
to the following penalties- Ill993
(a) where the maximum speed is exceeded by 10 to 20 "Io
miles per hour, to a penalty not exceeding two 2111999
thousand dollars;
(b) where the maximum speed is exceeded by 21 to 30
miles per hour to a penalty not exceeding four
thousand dollars; or
(c) where the maximum speed is exceeded by 31 miles
per hour or more, to a penalty not exceeding six
thousand dollars.
(2) A first or second conviction for an offence under
this section shall not render the offender liable to be dis-
qualified for holding or obtaining a licence.
( 3 ) A person charged under this section with the
offence of driving a motor vehicle of any class or descrip
tion at 1 speed greater than the maximum speed prescribed
in the case of a vehicle of that class or description, shall
not he liable to be convicted of the offence solely on the
evidence of one witness to the effect that in the opinion of
s. 2.
IThe lnclmion of this page is aulhorized by LN. 3/2001]
ROAD TRAFFIC
the witness the person charged was driving the vehicle a t
such greater speed.
(4) If a person who employs other persons to drive
motor vehicles on roads publishes or issues any timetable
or schedule, or gives any directions, under which any
journey, or any stage or any part of any journey, is to be
completed within some specified time, and it is not practi-
cable in the circumstances of the case for that journey,
or that stage or part of the journey, to be cmp10ted in
the specified time without an infringement of the provi-
sions of this section, the publication or issue of the said
time table or schedule, or the giving of the directions, may
be produced as prim6 fucie evidence that the employer
procured or incited the persons employed by him to drive
the vehicles to commit an offence under this section.
Reckless or
danzemua
driving.
27.-(1) If any person 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. he
shall be liable-
4111969 s. 2.
2111999
(a) on conviction, to a penalty not exceeding twenty
thousand dollars, and in default of payment to
imprisonment with or without hard labour for a
term not exceeding six months, or to imprison-
ment with or without hard labour for a term not
exceeding six months. and, in the case of a
second or subsequent conviction. either to a
penalty not exceeding thifly thousand dollars, and
in default of payment to imprisonment with or
without hard labour far a term not exceeding twelve
months, or to imprisonment with or without hard
labour for a term not exceeding twelve months or
to both such penalty and imprisonment;
s. 2.
21 / 1999
s 2.
21 I1999
s. 2.
2111999
s. 2.
(The inclusion of this page is authorized by L.N. 3iZM)lI
ROAD TRAFFIC 41
(b) on conviction on indictment, to imprisonment
with or without hard labour for a term not
exceeding two years or to a fine or to both such
imprisonment and h e .
(2) The court shall order particulars of any such
conviction to be endorsed on any driver’s licence held by
the person convicted.
(3) On a second or subsequent conviction under this
section the convicting court shall exercise the power con-
ferred by this Part of ordering that the offender shall be
disqualified for holding or obtaining a driver’s licence 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 olherwise, but this pro-
vision 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,
counselhig or procuring, or inciting the commission of an
offence under 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 for holding or obtaining drivers’ lioenoes,
be deemed to be an offence within the meaning of section
23.
28. Upon the trial of a person who is indicted for man- pow=m
slaughter in connection with the driving of a motor vehicle recuesnor
by him, it shall be lawful for the jury, if they are satisfied driv,ngoa
that he is guilty of an offence under section 27 (which $A-for
relates to reckless or dangerous driving), to find him guilty daughkr.
of that offence, whether or not the requirements of section
38 (which relates to notice of prosecution) have been
satisfied as respects that offence.
convict for
dangerow
.-
F e inclusion of this page ir aulhonzed by L N. 42119951
42 ROAD TRAFFIC
Power 10
orocepd on
charge for
careless
driving on
hearing of
chargefor
reckless or
29.-(1) Where a person is charged before a court of
summary jurisdiction with an offence under s-ction 27 and
the court is of the opinion that the offencr, is not proved,
then at any time during the Learing or immediately there-
after, the court may, without prejudice to any other powers
possessed by the court, direct or allow a charge for an
offence under section 32 (which relates to careless driving)
to be preferred forthwith against the defendant and may
thereupon proceed with that charge, so, however, that he
or his solicitor or counsel 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 38 (which relates to notice of prosecution) have
been satisfied or do not apply, as respects the alleged
offence under section 27, may be convicted on a charge
preferred under subsection (11, notwithstanding that such
requirements have not been satisfied as respects the alleged
offence under section 32.
Causing 30.-(1) A person who causes the death of another
rseklcrao1 person by the driving of a motor vehicle on a road reck-
driving. lessly, or at a speed or in a manner which is dangerous
41f1969 s. 3. to the public, having regard to all the circumstances 01
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, shall be liable on conviction on indictment to
imprisonment with or without bard labour for a term not
exceeding five years.
(2) Upon the trial of a person who is indicted for
manslaughter in connection with the driving of a motor
death by
dangerous
m e inclusion of this page i s autbcripsd by L.N. 421 1995]
ROAD TRAFFIC 43
vehicle by him, it shall be lawful for the jury, if they are
satisfied that he is guilty of an offence under subsection
(1) to find him guilty of that offence, and upon the trial
of a person for an offence under subsection (1) it shall be
lawful for the jury, if they are satisfied that he is guilty
of an offence under section 27, to find him guilty of that
offence, whether or not the requirements of section 38 have
been satisfied as respects that offence.
31.-(1) A person convicted of manslaughter in o o ~ e c - Disqusli-
tion with the driving of a motor vehicle by him or of an offencca fication foi
offence under section 30 shall, unless the court for special ~~~~
reasons thinks fit to order otherwise, and without prejudice ;1/;-%9
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 driver’s licence.
(2) Where a person is convicted of aiding, abetting,
counsehg or procuring, or inciting the commission of an
offence mentioned in subsection (l), and it is proved that
he was present in the vehicle at the time of the commission
of the offence, the provisions of that subsection shall apply
in relation to the offence of which he is convicted as if it
were mentioned in that subsection.
32.-(1) If any person drives a motor vehicle on a road Ca+=
dnvlng. without due care and attention or without reasonable con-
sideration for other persons using the road he shall be
guilty of an offence and shall be liable on conviction thereof
to a penalty not exceeding five thousand dollars.
(2) A first or second conviction for an offence under
this section shall not render the offender liable to be dis-
qualified for holding or obtaining a driver’s licence.
2111999
s. 2.
[The inclusion of this Page is authorized by L N. 3i20011
44 ROAD TRAFFlC
Racingand 33.-(1) Any person who promotes or takes pafl in a
race or trial of speed between motor vehicles on a road
shall be guilty of an offence.
speed tnalr
(2) A person convicted of an offence under this
section shall, unless the court for special reasons thinks
Et 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 driver’s licence.
Driving
motor
VehideS
under
inllucoce
of drink
or dnw.
21/1999 s 2.
3 4 4 1 ) Any person who when driving or attempting to
drive or when in charge of a motor vehicle on a road or
other public place is under the influence of drink or a drug
to such extent as to be incapable of having proper control
of the vehicle, shall be I i ab lG
(a) on conviction to a penalty not exceeding twenty
thousand dollars and in default of payment to
imprisonment with or without hard labour for a
term not exceeding four months or to imprison-
ment, with or without hard labour, for a term
not exceeding four months, and in the case of a
second or subsequent conviction to imprisonment,
with or without hard labour, for a term not exceed-
ing six months;
( h ) on conviction on indictment to imprisonment, with
or without hard labour, for a term not exceeding
six months.
(2) A person convicted of an offence under 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 holdins or obtaining a licence.
F e ioclusioo of this p a ~ e is authorized by L.N. 3!20011
ROAD TRAFFIC
(3) A constable may arrest without warrant any
person committing an offence under this section.
45
34A.-(1) A person shall not drive or attempt to drive Drivisgor
being m or be in charge of a motor vehicle on a road or other public
place if he has consumed alcohol in such a quantity that $;IB
the proportion thereof in his breath or blood exceeds the ;dhr;(
prescribed l i t . ltacL
shall be guilty of an offence and shall be l i a b l e
C X c k d
611995
s. 2.
(2) Any person who contravenes subsection (1) ky"d
(a) in the case of a first conviction, to a fine not ex-
ceeding ten thousand dollars or in default of pay- 21/1m
ment thereof to imprisonment for a term not sz.
exceeding six months; and
to a fine not exceeding twenty thousand dollars or 2 1 / 1 ~
in default of payment thereof, to imprisonment for S. 2.
a term not exceeding twelve months.
(3) No person shall be convicted under this section
of being in charge of a motor vehicle as mentioned in sub-
section (1) if he proves that at the material time the circum-
stances were such that there was no likelihood cf his driving
the motor vehicle so long as there was any probability of
his having alcohol in his breath or blood in a proportion
exceeding the prescribed limit.
(b) in the case of a second or subsequent conviction,
34B,-(1) Where a constabk in uniform or on showing *,,
his authority as a member cf the Constabulay Force has
(a) that a person driving or attempting to drive or in
charge of a motor vehicle on a ro2d or other public
place has an alcohol level in his breath exceeding
the prescribed limit or is in breach of section 34; or
reasonable cause to suspect- sz
!The inclurinn of this page is authorized by L.N. 3!2001]
46 ROAD TRAFFIC
(6) that a person has been driving or attempting to
drive or been in charge of a motor vehicle on a
road or other public place with an alcohol level in
his breath exceeding the prescribed limit and that
the person still has alcohol in his breath; or
(c) that a person has been driving, attempting to drive
or been in charge of a motor vehicle on a road or
other public place and has committed an offence
against this Ad,
he may, subject to subsection (4), require him to provide a
specimen of breath for a breath test.
(2) No requirement may be made by virtue of
paragraph (b) or (c) of subsection (1) unless it is made as
soon as reasonably practicable after the commission of the
offence.
(3) If an accident occurs owing to the presence of
a motor vehicle on a road, a constable in uniform or on
showing his authority as a member of the Constabulary
Force may, subject to subsection (4), require any person
whom he has reasonable cause to believe was driving or
attempting to drive (hereinafter in this section referred to
as the driver) the vehicle at the time of the accident to pro-
vide a specimen of breath for a breath test either at or near
the place where the requirement is made or, if the constable
thinks fit. at a police station specified by him being a police
station in reasonable proximity to that place.
(4) If a driver is at a hospital as a patient he may
be required by the constable to give a specimen of breath
at the hospital but no such requirement may be made un-
less the medical practitioner in charge of his case-
(n) i.; given prior notice of the proposal to make the
requirement; and
(6) does net object to the provision of a specimen on
-
[The inclusion 01 this page ir authorized by L N. 3 'ml]
ROAD TRAFFIG 46.01
the ground that its provision or the requirement to
provide it would be prejudicial to the proper care
or treatment of the patient.
( 5 ) A driver who, without reasonable excuse, fails
to provide a specimen of breath under subsection (l), (3)
or (4) is guilty of an offence and shall be liable on conviction
to a fine not exceeding six thousand dollars or, in default
of payment, to imprisonment for a term not exceeding six
months.
(6) A constable may arrest without warrant any
person who, as a consequence of a breath test, is found to
have a proportion of alcohol in his breath exceeding the
prescribed limit but no such arrest may be made while the
person is at a hospital as a patient.
(7) If a person required by a constable under sub-
section ( 1 ) or (3) to provide a specimen of breath for a
breath test fails to do so and the constable has reasonable
cause to suspect that the person has alcohol in his breath
or blood above the prescribed limit the constable may, with-
out prejudice to section 34 (3), arrest the person without
warrant but no such arrest may be made if the person is
at a hospital as a patient.
(8) A person arrested under this section or under
section 34 (3) shall, while at a police station, be given an
opportunity to provide a specimen of breath for a breath
test at the police station.
34C.-(1) Subject to subsections (2) and (3) where- B r d
analYal. (a) any person required by a constable under section 6,,99J
34B to undergo a breath test fails to undergo that 5 2.
test; or
(b) in consequence of a breath test carried out under
section 34B, it is indicated that there may be
IThe inclusion of this page is authorized by L.N. 3/2001]
46.02 ROAD TRAFFIC
present in that person’s breath a concentration of
alcohol in excess of the prescribed limit,
the constable may require that person to submit, in accord-
ance with the directions of the constable, to a breath analysis.
(2) The breath analysis referred to in subsection
(1) shall be carried out at a police station by a member of
the Constabulary Force authorized in that behalf by the
Minister.
(3) A member of the Constabulary Force shall not
require any person to undergo a breath test or to submit
to a breath analysis-
(a) if that person has been admitted to hospital for
medical treatment and the medical practitioner in
immediate charge of his treatment has not been
notified of the intention to make the requisition or
objects on the ground that compliance therewith
would be prejudicial to the proper care or treat-
ment of that person;
(b) if it appears to that member that it would, by reason
of injuries sustained by that person, be dangerous
to that person’s medical condition to undergo a
breath test or submit to a breath analysis; or
(c) at that person’s usual place of abode:
Provided that a person may be required to submit to a
(a) if the member has reasonable cause to believe
that-
(i) the person was involved in an accident on
a road or other public place within the pre-
ceding two hours resulting in death or
serious injury; and
(ii) at the time when the accident occurred the
person had an alcohol level in his breath
exceeding the prescribed limit; and
breath test at that person’s usual place of abcde-
- -
(The inclusion of this page i s aulhorized by L.N. 3(2001]
ROAD TRAFFIC 46.03
Ib) it was not feasible for a constable to require the
person to submit to a breath test at the scene of
the accident.
(4) Any person who-
(a) upon being required under subsection (1) to sub-
mit to a breath analysis fails to do so in accordance
with the directions of a member of the Constabulary
Force; or
(b) wilfully does anything to alter the concentration
of alcohol in his breath or blood between the time
of the event referred to in section 34B (in r e s p t
of which he has been required to undergo a breath
test) and the time when he undergoes that test or,
if he is required to submit to a breath analysis, the
time when he submits to that analysis,
shall be guilty of an offence and shall be liable-
(c) in the case of a first conviction, to a fine not ex-
ceeding six thousand dollars or in default of pay- ;!{!”
ment thereof to imprisonment for a term not
exceeding six months; and
(d) in the case of a second or subsequent conviction,
to a fine not exceeding ten thousand dollars or in zi/im
default of payment thereof to imprisonment for
a term not exceeding twelve months,
(5) It shall be a defence to a prosecution for an
offence under subsection (4) (a) if the defendant satisfies
the court that he was unable on medical grounds at the
time he was required to do so to undergo a breath test or
to submit to a breath analysis, as the case may be.
(6) As soon as practicable after a person has sub-
mitted to a breath analysis, the member of the Constabulary
Force operating the breath analysing instrument shall de-
liver to that person a statement in writing signed by that
member specifying-
s. 2.
[The inclusion of this page is authorized by L N. 3/2001]
46.04 ROAD TRAFFIC
(a) the concentration of alcohol determined by the
analysis to be present in that person’s breath and
expressed in microgrammes of alcohol in 100
millilitres of breath; and
(b) the time of day and the day on which the breath
analysis was completed.
(7) In proceedings for an offence under section
(a) evidence may be given of the concentration of
alcohol present in the breath of the accused as
determined by the breath analysing instrument
operated by the member of the Constabulary
Force authorized in that behalf under section
34C (2); and
(6) the concentration of alcohol so determined shall
be deemed to be the concentration of alcohol in
the breath of the accused at the time of the
occurrence of the event mentioned in section 34B
(1) (a) unless the accused proves that the concen-
tration of alcohol in his breath at that time did
not exceed the prescribed limit.
(8) In proceedings for an offence under section
34B, a certificate purporting to be signed by a member of
the Constabulary Force certifying that-
(a) he is authorized by the Minister to operate breath
analysing instruments;
(b) a person named therein submitted to a breath
analysis;
(c) the apparatus used by him to make the breath
analysis was a breath analysing instrument ap-
proved by the Minister,
(d) the analysis was made on the day and completed
at the time stated in the certificate;
34, 34A or 34B-
[The inclusion of this page is authorized by L.N. 3/2001]
ROAD TRAFFIC
(e) a concentration of alcohol determined by that
breath analysing instrument and expressed in
microgrammes of alcohol in 100 millilitres of
breath was present in the breath of that person on
the day and at the time stated in the certificate; and
a statement in writing required by subsection (6)
was delivered in accordance with that subsection,
shall be prima jack evidence of the particulars certified in
and by the certificate..
(9) In proceedings for an offence under th is
section a certificate purporting to be signed by the Minister
that the member of the Constabulary Force named therein
is authorized by the Minister to operate breath analysing
instruments shall be prima facie evidence of rhe particulaTs
certified in and by the certificate.
(10) In any proceedings for an offence under this
section, evidence of the condition of a breath analysing in-
strument or the manner in which it was operated shall not be
required unless evidence that the instrument was not in
proper condition or was not properly operated has been
adduced.
(fl
46.05
34D.-(1) Subject to subsections ( 2 ) and (31, in the Labomtorg
ocsts course of an investigation as to whether a person has corn- 6/&9J
mitted an offence under section 34 or 34A a constable may s.2
require a person under investigation to provide a sample
of blood for a laboratory test if the person is unable, by
reason of his physical condition, to provide a sample of
breath for a breath test.
(2) A person shall not be required to provide a
specimen of blood for a laboratory test under subsection
(1) if he is at a hospital as a patient and the medical practi-
tioner in immediate charge of his case is not first notified
of the proposal to make the requirement or objects to the
Vhe inclusion of this p x e IS authorized b) L N 95/ 19971
46.06 ROAD TRAFFIC
provision of a specimen on the ground that the require-
ment to provide such specimen could be prejudicial to the
proper care or treatment of that person.
( 3 ) A constable shall not require a person to sub-
mit a specimen of blood for a blood analysis if a breath
analysis has been carried out in respect of that person and
the result is available.
(4) Nothing in the foregoing provisions of this
section shall affect the provisions of section 34F.
( 5 ) For the purposes of this section and sections
34A, 33E and 34F, where any person is required to pro-
vide a specimen of blood, such specimen shall be- taken
only-
(a) with the consent of that person;
(b) at a hospital; and
(c) by a medical practitioner or qualified laboratory
technician.
Refudlo 3 4 E 4 1 ) Where any person who is under investigation
m m t to
taling ofor in relation to an offence under section 34 refuses to provide
p r o ~ d h of specimen. a sample of blood for a blood test when required to do so
6 ~ 5 under section 34D (1). his refusal may, unless reasonable
cause therefor is shown, be treated as supporting any evi-
dence given on behalf of the prosecution, or as rebutting
any evidence given on behalf of the defence, with respect
to his condition at the time when the offence was committed.
12) For the purposes of subsection (l), a person
shall not be treated as failing to provide a specimen unless
he is first requested to provide a specimen but refuses to do
s. 2.
so.
phe inclusion of lhis page is authorizcd by L.N. 951 19971
ROAD TRAFFIC 46.07
Ancillary 34F.--(I) For the purposes of any proceedings for an prov,dons
offence under section 34A, a certificate signed by an author- ;E;-
ized analyst, certifying the proportion of alcohol found in r d n s s
a specimen identified by the certificate shall, subject to sub- offen-
section (3), be evidence of the matters so certified and of 5sfuon
the qualifications of the analyst.
or an
under
611995
s. 2.
34.4 Or 349.
(2) For the purposes of any proceedings for an
offence under section 34A, a certificate purporting to be
signed by the medical practitioner that he took a specimen
of blood from a person with that person’s consent shall,
subject to subsection (31, be evidence of the matters so
certified and of the qualifications of the medical practitioner.
(3) Subsections (1) and (2) shall not apply to a
certificate tendered on behalf of the prosecution-
(U) unless a copy has been served personally on the
accused or his counsel not less than seven days
before the hearing or trial; or
(6) if the accused, not less than seven days before the
hearing or trial, or within such further time as the
court may in the circumstances of the case allow,
has served notice on the prosecution requiring the
attendance at the hearing or trial of the person by
whom the cettificate was signed.
(4) Where, in proceedings for an offence under
section 34A the accused, at the time a specimen of blood
was taken from or provided by him, asked to be supplied
with such a specimen, evidence of the proportion of
alcohol found in the specimen shall not be admissible on
behalf of the prosecution unless-
(a) the spechen is either one of two taken or pro-
vided on the same occasion or is part of a sinde
specimen which was divided into two parts at the
time i t was taken or provided; and
Vhe inclusion of this page is authorized by L N 951 1997)
--___
46.08 ROAD TRAFFlC
(6) the other specimen or part was supplied to the
accused.
In*wr**-
redio~u context otherwise requires-
6!1995
34G.-(1) In sections 34A to 34F, except so far as the
“authorized analyst” means a person designated as such
by the Minister responsible for health by order
published in theGazeite;
tioo of
3 4 A lo 34F.
s. 2.
“breath analysis” means the quantitative measuring of
the proportion of alcohol in a person’s breath,
carried out by means of a device approved for the
purpose by the Minister;
“breath test” means a test for the purpose of obtaining
an indication of the proportion of alcohol in the
person’s breath carried out by means of a device
of a type approved for the purpose of such a
test by the Minister, on a specimen of breath pro-
vided by such person;
“constable” means a member of the Jamaica Constab-
ulary Force or the Island Special Constabulary
Force;
“Constabulary Force” means the Jamaica Constabulary
“fail”, in rehtion to providing a specimen, includes
Force or the Island Special Constabulary Force;
refuse;
“hospital” means an institution which provides medical
or surgical treatment for in-patients or out-patients
and includes any place recognized by the Minister
responsible for health as a place where laboratory
tests are carried out;
“laboratory test” means the analysis of a specimen pro-
“the prescribed limit” means, in respect of-
vided for the purpose;
ROAD TRAFFIC
(a) breath alcohol concentration, 35 micro-
grammes of alcohol in 100 millilitres of
breath; and
( b ) blood alcohol concentration, 80 milli-
grammes of alcohol in 100 millilitres of
blood,
or such other proportion as may be prescribed.
(2) References in section 34B to providing a speci-
men of breath shall be construed as references to providing
a specimen thereof in sufficient quantity to enable a breath
test to be carried out.
46.09
35.-(1) It shall not be lawful for more than one person Reitricmo
on pillion in addition to the driver to be carried on any two-wheeled ~ & s
motor cycle, nor shall it be lawful for any such one person
to be so carried otherwise than sitting astride the cycle and
on a proper seat securely fixed to the cycle behind the
driver’s seat.
(2) If any such person is carried on any such cycle
in contravention of the provisions o€ this section, the
driver of the cycle shall be guilty of an offence and shall be
liable in the case of the first conviction to a penalty not
exceeding two thousand dollars, and in the case of a second ~ 1 1 1 9 ~
or subsequent conviction to B penalty not exceeding four $.’.
thousand dollars.
36.41) The number of trailers, if any, which may be ~ ~ ~ r i ~ t i ~ ~
drawn by a motor vehicle on a road shall not exceed such
number as may be prescribed in relation to motor vehictes dmwn.
of any particular class.
(2) For the purposes of this section the expression
“trailer” shall not include any vehicle used solely for
carrying water for the purposes of the drawing vehicle or
any agrjcultural vehicle not constructed to carry a load.
(3) If any person causes or permits a trailer to be
llhe inclusion of this page is authorizcd b?: L.N. 3i20011
46.10 ROAD TRAFFiC
drawn in contravention of this section, he shall be guilty
of an offence.
3 7 . 4 1 ) If the driver of a motor vehicle who is alleged
to have committed an offence under the foregoing provi-
sions 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 and address, or gives a false name and address, be
shall be guilty of an offence.
(2) Any constable in uniform or on showing his
authority as a member of the Police Force of the Island
may arrest without warrant the driver of any motor vehicle
who within his view commits any offence under the pro-
visions of this Act as to reckless or dangerous driving or
careless driving, unless the driver either gives his name and
address or produces his driver’s licence for examination.
(3) Any person driving a motor vehicle on a road
shall stop the vehicle on being so required by a constable
in uniform, and if he fails so to do shall be guilty of an
offence.
38. Where a person is prosecuted for an offence under
section 26,27, or 32 he shall not be convicted unless either-
(a) he was warned at the time the offence was com-
mitted that the question of prosecuting him for
an offence under some one or other of the provi-
sions aforesaid would be taken into consideration;
or
(b) within fourteen days of the commission of the
offence a summons for the offenoe was served on
him; or
(c) within the said fourteen days a notice of the
intended 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
[The inclusionif this page IS autborized by L N 3:ZWll
Duly 10 give
name and
addresa
and to stop,
and power
of arrest in
certain
cases.
Restriaionr
on prosocu-
tiOnS.
4111969
s. 4.
ROAD TRAFFlC 41
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-
(U) 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-
(1) neither the name and address of the amused
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 for a notice to
be served or sent as aforesaid; or
(2) 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 the
contrary is proved.
Accidents
39.-(1) If in any case, owing to the presence of a motor Duw.to
vehicle on a road, an accident occurs whereby damage or caseof
injury is caused to any person, vehicle or animal, the
driver of the motor vehicle shall stop and, if required so to
do by any person having reasonable grounds for so requir-
ing, give his name and address, and also the name and
address of the owner and the identification marks of the
vehicle.
(2) If in the case of any such accident as aforesaid
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
constable 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
atop UL
nccidenl
p%=siadueion of thii is authorized by L.N. 91119971
48 ROAD TRAFFIC
any horse, cattle, ass, mule, sheep, pig, goat or dog.
of this section, he shall be guilty of an offence.
(4) If any person fails to comply with the provisions
1411962 Provisions as so Lights, Reflecrors, Horns, Noise
s. 2 (a).
Lights 00 40.-(1) During the period specified in this section,
every motor vehicle, save as in this section mentioned, shall vchlclcr
carry attached theretc-
(a) two similar head-lamps only (in this Act referred
to as obligatory head-lamps) one on each side, so
constructed and placed as to cast, wben lighted, in
the direction in which it is proceeding a white
light only, sufficiently clear and strong as to afford
adequate means of signding the approach and
position of such vehicle; and
(b) a lamp on the back and on the right side thereof
or the back and right side of the last vehicle
attached thereto, so constructed and placed as to
exhibit when lighted a red light visible from
behind and also a white light sufficiently clear and
strong to illuminate the letter and number of the
registration plate.
(2) On every motor cycle when in use on a road
within the period specified in this section, one head-lamp
shall be carried, so aflixed thereto as to exhibit when
lighted a white light only, adequate to signal the approach
and position of such motor cycle and a tail-Iamp 50 placed
and in such position as to exhibit when lighted a red light
visible in the reverse direction at a reasonable distance.
Where a side-car is attached to or used with 5uch motor
cycle an additional similar head-light shall be affixed to
such side-car.
(3) Every such lamp shall be lighted when the
motor vehicle or motor cycle is in use on any road during
the period between one half hour after sunset and one haIf
hour before sunrise.
~I_
pheinclusionof thispa~iaiSavvfh0riVcdbyL.N. 95119971
ROAD TRAFFlC 49
(4) Notwithstanding anything in this section con-
tained, when a motor vehicle is stationary it shall be
sufficient for the same to be fitted with such parking lights
as may be prescribed.
(5 ) If any person fails to comply with the provisions
of this section he shall be guilty of an offence.
41.-(1) No head lamp shall be used on any motor u d m t i o n
of glare. vehicle unless such lamp is so constructed, fitted and main-
tained that the beam of light emitted therefrom-
( U ) is permanently deflected downwards to such an
extent that it is at all times incapable of dazzling
any person standing on the same horizontd plane
as the vehicle at a greater distance than twenty-
five feet from the lamp whose eye level is not less
than three feet six inches above that plane; or
(b) can be deflected downwards or both downwards
and to the left at the will of the driver in such
manner as to render it incapable of dazzling any
such person in the circumstances aforesaid; or
(c) can be extinguished by the operation of a device
which at the same time causes a beam of light to
be emitted from the lamp which complies with
paragraph (a); or
(d) can be extinguished by the operation of a device
which at the same time either deflects the beam of
light from another lamp downwards or both
downwards and to the left in such manner as to
render it incapable of dazzling any such person
in the circumstances aforesaid, or brings into or
leaves in operation a lamp or lamps (other than
the obligatory head lamps) which complies or
comply with paragraph (a).
[The inclusion of lha page is aulhorved by L N. 3/2001]
50 ROAD TRAFFIC
(2) This section shall not apply to any lamp fitted
with an electric bulb, if the power of the bulb does not
exceed seven watts and the lamp is fitted with frosted glass
or other material which has the effect of diffusing the light.
(3) Any person who fails to comply with the provi-
sions of this section shall be guilty of an offence and shall be
liable on summary conviction before a Resident Magistrate
to a fine not exceeding five thousand dollars.
111% s. [a
21/lm9
Rtflwm
and motor
14/1%2
’.’@).
s. 2.
42.-(1) Notwithstanding anything to the contrary carri-
ages and motor vehicles shall carry such reflectors affixed
in such manner as may be prescribed and different types
of reflectors may be prescribed for different classes of
carriages or motor vehicles.
(2) If any person fails to comply with the provisions
of this section he shall be guilty of an offence and shall bs
liable on summary conviction before a Resident Magistrate
to a fine not exceeding two thousand dollars.
(3) For the purposes of this section “carriages” in-
cludes carts, waggons, drays, wheeled carriages of every
description, bicycies, tricycles and other similar machines.
on camages
vehicles.
s.10.
s. 21i’999 2.
Warning
device and
prohibition
Of U N W S O n -
able noise
43.-(1) Every motor vehicle shall have attached there-
to a horn or other instrument of a type approved by the
Island Traffic Authority capable of giving audible and
sufficient warning of the approach and position of the
vehicle and such horn or other instrumen,t shall be sounded
only whenever it shall be reasonably necessary to notify
pedestrians or others of the approach of the vehicle.
(2) A person having the control or charge of a
motor vehicle shall not sound any horn or such other
instrument so as to make an unreasonable noise and any
such person shall not pamit any unreasonable amount of
smoke to escape from the said vehicle nor shall any such
W e inclusion oE this page is authorized by L N. 312WIl
ROAD TRAFFIC
person at any time by cutting out the muffler or otherwise
cause such motor vehicle to make any unnecessary noise:
Provided that this subsection shall not apply to a motor
\ehicle of the Constabulary, or an ambulance, or a motor
vehicle of any Fire Brigade whilst proceeding to a fire or
answering a fire alarm.
(3) No motor vehicle other than an ambulance or
one operated by or on behalf of the Constabulary or Fire
Brigade shall be equipped with a siren horn or a device,
producing a sound which so nearly resembles that pro-
duced by a siren horn as to deceive or confuse.
(4) Every motor vehicle shall be equipped with a
noise muffler and no contrivance for releasing such muffler
shall be attached to the motor vehicle so that it may be
operated from any seat in the vehicle.
1211984
9 11. (5) Any person who-
(a) contravenes subsection (U, (3) or (4) shall be gdty
of an offence and shall be liable on conviction
thereof to a penalty not exceeding three thousand s,z,
dollars;
(b) contravenes subsection (2) shall be guilty of an $123
offence and shall be liable on conviction thereof-
(i) in respect of the offence of sounding a horn
or such other instrument so as to make an
unreasonable noise, to a fine not exceeding
four thousand dollars; and
(ii) in respect of the offence of permitting an
unreasonable amount of smoke to escape
from a vehicle. to a fine not exceeding four g!i!”
thousand dollars.
2111999
21/1999 s. 2.
-
[The inclusion of this page is authorized by L N 3(2001]
51
52 ROAD TRAFFIC
Seat B e h and Protective Helmets
v*iclesta
be &E@
beltS.
i3/im with seat belts- s. 2.
43A.-(1) Subject to subsections (2) and (3), a motor
vehicle shall not be used on a road unless it is equipped
(a) in the case of trucks which are constructed to oarry
passengers as specified in paragraph (b) of seotion
11( l), on the fmnt seat only;
(bl in the case of motor cars, private motor cars and
invalid carriages as specified in paragraphs (c), (4
and cf, respectively of section 11(1), an the front
seat and rear seat;
(c) in the case of public passenger vehicles as specified
(i) stage carriages as specified in paragraph (U),
on the front sm only;
(ii, express carriages as specified in paragraph
(b), on the front seat only;
(iii) contract carriages (except trucks) as speci-
fied in paragraph (c), on the front seat and
rear seat;
(iv) hackney carriages as specified in paragraph
(d), on the front seat and rear seat.
in section 6011). that is to say-
(2) The seat belts mentioned in subsec'tition (1) shall
be of such shape, qualky, construction, instdlation or
assembly as may be prescribed.
(3) Where a motor vehicle specified in paragraph
(c), (d) or (f l af 'sxtion 11(1) is constructed with a f m t
[The inclusion of Lhis page I s authorized hy LN. 3/20011
ROAR TRAFFZC
seat, a rear seat and any other seat, all the seats shall be
equipped with seat belts.
52.01
(4) A person who us= a motor vehicle on any road
in contravention of subsection (1) or (3) commits an offence
and is liable on summary conviotion before a Resident
Magistrate-
(a) in the case of a first offence, to a fine not exceeding
two thousand dollars;
(b ) in the case of a second or subsequent offence, to a
fine not exceeding five thousand dollars.
43B.-(1) Subjeot to subsection (2), every person who, on FZa-
any road- vehicles to
wbar acat
s. 2.
(a) drives a motor vehicle specified in paragraph (b),
(c), ( d ) or (f, of section 1 1 0 ) ;
(6) rides in a motor vehicle specified in paragraph (c)
(d) or (f, of section 1 1 W ;
(c) rides in the front seat of-
(i) a truck as specified in paragraph (6) of
d o n l l ( 1 ) ;
(ii) a stage carriage as specified in paragraph (a)
of section 60W;
(iii) an express carriage as specified in paragraph
( 6 ) of section 60(1),
shall woar a seat belt
Fhe inclusion of thir page is ahorized by LN. 312001]
52.02 ROAD TRAFFIC
(2) Subsection (1) shall not apply to-
(4 a child who wears or is conveyed in a child restraint
sY*;
(b) a driver of a motor vehicle while performing a
manoeuvre which includes reversing;
(4 any person who holds a valid certificate of exemp-
tion prescribed by the Minister and signed by a
registered medical practitioner as defined under
section 2 of the Medical Act;
(4 a person riding in a vehicle while it is being used
for fire brigade or police puqmar;
(e) a person driving or riding in a vehicle constructed
or adapted for the delivery of goods or maii to
consumers or premises, as the case may be, while
engaged in the delivery to. or collection of such
gods or mail from, consumers or premises, not
further than sixty metres from each other.
(3) A penson who drives or rides in a motor vehicle
in contravention of the provisions of this section commits
an offence and is liable on summary conviotion before a
Resident Magistrate-
(u) in the case of a first offence, to a fine not exceeding
two thousand dollars;
(b) in the case of a second or subsequent offence, to
a fine not exceeding five thousand dollars.
ahild in
m m r
*&bO
WtarChIld
restraint appropriate child restraint system.
a m .
13/1999 s. 2.
43C.-(1) Every driver of a mdor vehicle which conveys
a child shall cause such child to wear or be conveyed in an
mhhe inclusion of fhir page is authorized by L.N. 312WII
ROAD TRAFFIC 52.03
(21 A driver who contravenes sulbsection (1) corn-
mits an offence and is liable on summary conviction before
a Resident Magistrate to a fine not exceeding five thousand
dollars.
43D.41) Every person shall, at all times while driving, ~ m m i v c
helmo(a.
s. 2. or riding on, a motor cycle, wear a protective helmet of the 13/1999 prescribed shape, quality, construction or standard.
(2) A person who contravenes subsection (1) corn-
mits an offence and shall be liable on summary conviction
before a Resident Magistrate-
(U) in the case of a first offence, to a fine not exceeding
two thousand doliars;
(b) in the case of a second or subsequent offence, to
a fine not exceeding five thousand dollars.
44. The Island Traffic Authority may by notice pub-
lished in the Gazette and in one newspaper of the Island
declare that from and after a date to be fixed by such
notice no horn or other warning device shall be sounded
during such hours, or at or wilthin such place or area of
any urban area as may be specified in the notice and any
person who aots in contravention of any such notice shall 12/1984
be guilty of an offence and shall be liable on conviction 2111999
ZOMI.
s 12.
s. 2. thereof to a penalty not exceeding four thousand dollars.
rThe inclusion of this page is authorized by L.N. 3/2001]
52.04
Unlawful
user of
motor
abic1e.
26/1%.8
S. 2 (a),
21/1999
S. 2.
21/1999
s. 2.
2111999
s. 2.
ROAD TRAFFIC
45.--(1) Every person who takes and drives away any
motor vehicle without having either the consent of the
owner thereof or other lawful authority shall be guilty of
an offence and shall be liable-
(a) on summary conviction-
(i) in the case of a first conviction under this
section to imprisonment with or without
hard labour, for a term not exceeding six
months or to a penalty not exceeding one
hundred thousand dollars and in default of
payment thereof to imprisonment, with or
without hard labour, for a term n d ex&-
ing six months; and
(ii) in the case of a second or subsequent
conviction under this section to imprison-
ment, with or without hard labour, for a
term not exceeding twelve months or to a
penalty not exceeding two hundred thousand
dollars and in default of payment thereof
to imprisonment, with or without hard
labour, for a term not exceeding twelve
months;
(b) on conviction on indictment-
(9 before a Resident Magistrate to imprison-
ment, with or without hard labour, for a
term not exceeding twelve months or to
a penalty not e x d i n g two hundred thou-
sand dollars or to both such imprisonment
and penaky;
[The inclusion of this page is authorized by L.N. 312W11
ROAD TRAFFIC 53
(ii) before the Supreme Court to imprisooment
with hard labour for a term not exceeding 12/1984
three years or a fine or to both such impri- 1 / ~ 3
sonment and fine:
Provided that, if on summary proceedings, or on proceed- :{$?
s. 1Xb)lii).
s. 10.
ings on indictment before a Resident Magistrate under this
section the court, or on proceedings under this section in
the Supreme Court the jury, are satisfied that the accused
acted in the reasonable belief that the owner would, in the
circumstances of the case, have given his consent, if he had
been asked therefor, the accused shall not be liable to be
convicted of the offence.
(2 ) If on the trial on any indictment for stealing a
motor vehicle the Resident Magistrate is of opinion, or
where the trial is in the Supreme Court, the jury are of
opinion, that the offender is not guilty of stealing the
motor vehicle but was guilty of an offence under this
section, the Resident Magistrate or the jury, as the case
may be, may find him guilty of an offence under this
section and thereupon he shall be liable to be punished
accordingly.
(3) Any constable may arrest without warrant any
person reasonably suspected by him of having committed
or attempted to commit an offence under this section.
46.41) Any person who- OffCnCW.
(a) forges or with fraudulent intent alters or uses or
allows to be used by any other person, any licence
or any licensing or registration marks or plates
issued under this Act; or
(6) with intent to enable any other person to use a
licence or licensing or registration marks or plates
IThe inclusion of this page is anthorired by L.N. 3:2001]
54 ROAD TRAFFIC
issued under this Act, gives or lends the same
to any other person; or
(c) without the permission of the owner or person in
charge thereof, climbs upon or into or swings
upon any motor vehicle, whether the same is in
motion or stationary, sounds any horn or other
signalling device, or attempts to manipulate any
of the levers, the starter, brakes or machinery
thereof or in any manner damages, interferes or
tampers with a motor vehicle or puts in motion
the engine thereof, while it is standing; or
(d) having the care of a motor vehicle for the owner
or person in charge thereof, receives directly or
indirectly any consideration for the purchase
from any other person of supplies or parts for
such motor vehicle or for work performed thereon
by any other person and any person furnishiig
such supplies or parts or doing any work in con-
nection therewitb, who gives or offers to give such
person having such care of such motor vehicle
directly or indirectly any valuable consideration;
or
(e) throws any object at a motor vehicle or trailer or
at any person in or on such motor vehicle or
trailer or places any object in any road whereby
injury or damage to any motor vehicle or trailer
may be occasioned; or
V, uses any spotlight on a motor vehicle on a road
or public place in any town or village, or when
another approaching vehicle is in sight, except for
providing light for effecting repairs; or
(g) uses or drives or permits to be used or driven any
motor vehicle on a road in such defective condi-
tion as regards its mechanical fittings or otherwise
[The inclosmn of this page is authorized by L N . 312Wll
ROAD TRAFFIC
(g) shall not be driven so as to overtake other traffic
unless the driver has a clear and unobstructed
view of the road ahead;
(h) shall not be permitted to travel backwards further
than may be necessary for turning or other
reasonable purpose.
(2) Notwithstanding anything contained in this
section it shall be the duty of a driver of a motor vehicle to
take such action as may be necessary to avoid an accident,
and the breach by a driver of any motor vehicle of any of
the provisions of this section shall not exonerate the driver
of any other motor vehicle from the duty imposed on him
by this subsection.
(3) For the purposes of this section-
(U) a motor vehicle obstructs other traffic if it causes
risk of accidents thereto;
( h ) “traffic” includes bicycles, tricycles, motor vehicles,
tram-cars, vehicles of every description, proces-
sions, bodies of troops and al l animals being
ridden, driven or led;
(c) “overtaking” includes passing or intending to pass
any other vehicle proceeding in the same direction.
(4) Any person who acts in contravention of the
provisions of this section shall be guilty of an offence and 111993 s. IQ shall be liable on summary conviction before a Resident
Magistrate-
(a) in respect of an offence under paragraph (a) of sub-
section ( I ) , to a fine not exceeding five thousand i,1i1999
dollars;
subsection ( I ) , to a fine not exceeding five thou- 2111999
sand dollars;
( b ) in respect of an offence under paragraph (b) of
s. 2.
59
“The inclusion of thin page i g authorized by I..N. 3:20011
M) ROAD TRAFFIC
(c) in respect of an offence under paragraph (c) of
subsection (l), to a line not exceeding five thou-
sand dollars;
(d) in respect of an offence under paragraph (d) of
subsection (I), to a fine not exceeding five thou-
sand dollars;
(e) in respect of an offence under paragraph (e) of
subsection (I), to a fine not exceeding five thou-
sand dollam;
(f, in respect of an offence under paragraph ( f ) of
subsection (I), to a fine not exceeding five thou-
sand dollars;
(g) in respect of an offence under paragraph (h) of
subsection (11, to a fine not exceeding five thou-
sand dollars.
52.-(1) No person shall ride on the running board,
wings or fenders of a motor vehicle or on the outside of
the vehicle except in a properly constructed seat.
(2) Any person who acts in contravention of the
provisions of this section shall be guilty of an offence and
shall be liable on summary conviction before a Resident
Magistrate t,o a fine not exceeding two thousand dollars.
53.-(1) A motor vehicle when not in motion-
(a) shall be placed with its near side as close to the left
of the roadway as possible or in such position BS
may be indicated by any constable or by notice
exhibited by a Traffic Area Authority;
(b) shall not be placed or allowed to remain in such a
position (is to obstruct or be likely to obstruct
traffic.
(2) The driver of a motor vehicle shall not leave
the motor vehicle unattended without having stopped the
engine and taken due precautions against its being moved
or moving in his absence.
[The incliisioo of this page i g authorized by L.N. 3:ZuOll
21/1999
s. 2.
2111999
s. 2.
2111999
s. 7.
2[/199Y
s.1.
2IIIYYY
s. 2.
Riding on
outside of
motor
"ehida
111993
s. 10.
21/l ,YYY
s. 2.
Stationary
S.'ISIa)
ROAD TRAFFIC
(3) It shall not be lawful to pour any petrol or
other fuel into any tank of a motor vehicle or into any
receptacle in or on a motor vehicle while the engine is
running, or when any light, other than an electric light
is alight in or on the motor vehicle.
61
(4) Any person who- 12/1984
S. 1S(bh (a) acts in contravention of paragraph (U) of subsection
(1) shall be guilty of an offence and shall be liable
on conviction thereof to a penalty not exceeding
(b) acts in contravention of paragraph (b) of subsection
(1) or subsection (3E, shall be guilty of an offence
and shall be liable on conviction thereof to a pen-
dty not exceeding five thousand dollars;
(c) acts in contravention of subsection (2), shall be
guilty of an offence and shall be liable on con-
viction thereof to a penalty not exceeding two 21(1999
thousand dollars. s. 2.
two thousand dollars; 21/1999
5.2.
21/1999
a.2.
54.-(1) Rules may be made by the Kingston and St. P n r b o f
motor Andrew Corporation or a Parish Council, at the request v~iclcr.
of the Island Traffic Authority, prohibiting, restricting or
regulating the parking of motor vehicles in my road, street 14/i%z
or public place and, without prejudice to the generality of '' 4.
the foregoing, such rules may, subject to approval by the
Minister responsible for local government, provide for the
imposition of charges in respect of vehicles left in any such
road, street or public place, and may prescribe the method
of collection of such charges whether by the insertion of
coins in an apparatus provided for the purpose (hereinafter 27/1911
S 3 b l referred to as a parking meter) or otherwise.
(2) The exercise by a local authority of their n/im s 3 w . functions under this section shall not render the authority
subject to any liability in respect of the loss of or damage
[The inclusion of this page is au,thorired by L.N. 3/ZOOI]
62 ROAD TRAFFIC
Offenoer
relating
to parking
places on
highwars
where
charger
made
27/1!271
s. 4.
12/1984
S 1 6 W .
211'1999
s. 2.
to any vehicle in a parking place or the contents or fittings
of any such vehicle.
(3) Where provision is made for the use of parking
meters, it shall be the duty of the local authority to take
the prescribed steps for the periodical inspection of the
melers and for dealing with any found to be out of order,
and for securing the testing of the meters (both before they
are brought into use and not less frequently thereafter than
may be prescribed or on other prescribed occasions) and
for recording in the prescribed manner the date on which,
and the person by whom, a meter has been tested.
55.--(1) A person who-
(a) being the driver of a vehicle, leaves the vehicle io
a parking place designated by rules under section
54, otherwise than as authorized by such rules or
fails duly to pay any charge payable pursuant to
such rules or contravenes or fails to comply with
any provision of such rules relating to the parking
place as to the manner in which vehicIes shall
stand in, or be driven into or out of, the parking
place; or
(6) whether being the driver of a vehicle or not, other-
wise contravenes or fails to comply with the
provisions of such rules,
shall be guilty of an offence and shall be liable on conviction
thereof to a penalty not exceeding five hundred dollars.
(2) In relation to an offence under paragraph (U) of
subsection (1) of failing duly to pay any charge payable
pursuant to rules made under section 54, the reference in
the said paragraph (a) to the driver of a vehicle shall be
construed as a reference to the person driving the vehicle
at the time it was left in the parking place.
Whe inclusion of thir page is au!hori;ed by L.N. 3/2001)
ROAD TRAFFIC 63
(3) A person who, with intent to defraud, interferes
with a parking meter or operates or attempts to operate
a parking meter by the insertion of objects other than
current coins of the appropriate denomination shall be
liable on summary conviction in a Resident Magistrate’s S. 16(b).
Court to a fine not exceeding five thousand dollars or to s.z,
imprisonment for a term not exceeding three months or
to both such fine and such imprisonment.
12/1984
2111!+9Y
(4) Where, in any proceedings for an offence under
this section of failing to pay any charge, it is proved that
the amount which has become due, or any part of that
amount, has not been duly paid, the court shall order the
payment of the sum not paid, and, in default of payment,
imprisonment for a period not exceeding two months.
(5 ) In any proceedings for an offence under this
section it shall be presumed, unless the contrary is shown,
that any apparatus provided for the purposes of a parking
place, being an apparatus operated by the insertion of
coins, is of a type and design prescribed by the rules under
section 54.
(6) A local authority may institute proceedings for
an offence under this section in connection with a parking
place for which they are the local authority.
56.41) On the request of any constable or of any ~ h ~ ~ ~ ~ t ~ ~
person in command of a body of troops or having charge bestepped.
of any animal, or if such constable or person shall raise S. 17.
his hand as a signal to stop, the motor vehicle shall be
immediately stopped and kept stationary so long as may be
reasonably necessary.
vehicle is to
1211984
[Tbe inclusion of this page is authorized by L.N. 3/2001]
64 ROAD TRAFFIC
(2) No person shall drive or attempt to drive a motor
vehicle across a funeral procession.
(3) Any penon who acts in contravention of the pro-
visions of this section shall be guilty of an offence and shall
be liable on conviction thereof to a penalty not exceeding
two thousand dollars.
21/1999
s. 2.
by 57.-(1) The driver of a motor vehicle constructed to be
steered on the right or off-side thereof, shall, before com-
mencing to turn to, or change direction towards, the right,
give the appropriate signal so as to indicate that diredon.
Givas
?I I1999
6 2.
12) [Deieted by Act 21 of 1999.1
(3) When approaching a constable on duty at a
road junction, the driver of a motor vehicle shakl give the
appropriate signal so as to indicate the direction in which
he wishes to proceed so as to be visible to the constable.
(4) The use of additional signals may be prescribed
or permitted by regulations and all or any of the signals
prescribed or permitted by this section or by regulations
may be given by any mechanical or illuminated device of
a type approved by the Island Traffic Authority.
(5) Every motor vehicle constructed so as to be
steered from the left or near side thereof shall be fitted on
the right or off-side of the vehicle with a mechanical or
illuminated device approved by the Island Traffic
Authority, and such device shall be employed by the driver
of the motor vehicle to indicate in a manner approved by
the Island Traffic Authority the intention of the driver to
turn to or change direction towards the right or of his
intention to stop the vehicle and may be employed to signal
to an overtaking motor vehicle to pass, or not to pass. as
the case may be.
21/1999
S. 2.
[The mclusion of this page IS authorized by L.N. 3/20011
ROAD TRAFFIC 6S
(6) Any person who acts in contravention of or fails
to comply with any of the provisions of subsections (I) , (3)
and (S), or with regulations made under subsection (41, shall
be guilty of an offence and shall be liable on summary con- 1/1993
viction before a Resident Magistrate to a fine not exceeding s. 10.
21 / 1999
s. 2.
two thousand dollars.
58. The driver of a motor vehicle shall obey all directions signalr by
whether verbal or by signal given by a constable in the z2gzk
execution of his duty to stop the vehicle or to make i t slow
down or to pass on any indicated side of the constable or
to keep to any indicated line of traffic and any person who
fails to obey any such direction shall be guilty of an offence
and shall be liable on summary conviction before a Resident ;!:9’
Magistrate to a fine not exceeding five thousand dollars.
;,14.1999
Regulations
pose for which regulations may be made under this Part and
Part, and generally as to the use of motor vehicks and
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 provisions, may make regulations in respect to
any of the following matters-
(a) appointing and defining the limits of traffic
areas and licensing areas;
(15) the width, height and length of motor vehicles and
trailers and the load carried thereby, the overhang
of body over chassis, the diameter of wheels, and
59.-(1) The Minister may make regulations for any pur- Mini-
m y mate
for prescribing anything which may be prescribed under this S. 6/1995 3(,x
-
[The iodusion of this page is authorized by L.N. 3/2001]
66 ROAD TRAFFIC
the width, nature and condition of tyres, of motor
vehicles and trailers;
(c9 the consumption of smoke and the emission of
visible vapour, sparks, ashes and grit;
(d) excessive noise owing to the design or condition
of the vehicle or the loading thereof;
(e) the maximum weight unladen of motor tractors
and trucks and the maximum weight laden of all
motor vehicles and trailers and the maximum
weight to be transmitted to the road by a motor
vehicle or trailer of any class or description or by
any part or parts of such a motor vehicle or trailer
in contact with the road and the conditions under
which the weights may be required to be tested;
( f ) prohibiting the use of a motor vehicle or trailer
of any class or description on any road or part of
a road or on any bridge or culvert;
l,g) restricting the use of a motor vehicle or trailer of
any class or description on any road or part of a
road, bridge or culvert, the weight either laden or
unladen, the type of tyres and fittings to be used
and dimensions measured over all including the
load, and may vary such restrictions from time to
time according to the season of the year OT with
reference to wet or dry periods:
(h) the preparation of framing and placing of noties
on or in connection with, or with respect to, any
road, bridge or culvert, by the road authority
dealing with the type of tyre to be used
on any such road, bridge or culvert, or the
p’he iaclnsion of this page is authorized by L.N. 3/2001]
ROAD TRAFFIC
total weight and dimensions measured over all
with load, of the motor vehicle or trailer or of the
iiiotor vehicle or trailer using such road, culvert
or bridge, or preventing or restricting permanently
or temporarily, any particular class or kind of
motor vehicle from using or proceeding along such
road. culvert or bridge;
( i ) the particulars to be marked on motor vciiiclcs and
trailers;
( j ) the towing of or drawing of \:ehicles by motor
vehicles;
(k) the number and nature of brakes and for securing
that brakes, silencers and steering gear shall be
efficient and kept in proper working order, and
for empowering any officer or servant of a Traffic
Area Authority to stop, test and inspect, on a
road or, subject to the consent of the owner of the
premises to test and inspect on any premises whsr::
the vehicle is, any such brakes, silencers, or steering
gear;
(0 the forms to be used for the purposes of this Part;
67
(m) applications for licences or registration and the
licensing or registration of motor vehicles and
trailers and for the examination thereof either for
licensing or registration purposes, or as to mechan-
ical fitness or fitness to be driven on a road an8
the issue of documents of registration and title and ?0/1964
certificates of fitness and for determining and rc- =;I987 S. 6 (a), (b).
plating generally the size, shape and character of s.2(a)@l
such documents, certificates, licences, licence
holders and registration plates to be used and any
fee payable therefor and the manner in which they
are to be displayed and rendered easily distinguish-
able either by night or day;
-
m e iaclusion of this page is a u t h o r i d by L.N. 42/19951
ROAD TRAFFlC
(n) the keeping of a record or register showing
particulars of ownership and the class and
description of each rno:or vehicle or trailer
licensed, together with the letter and number issued
to each and for making any particulars or descrjp-
tion contained in such record or register available
to the Police at all times;
(13) the speed at which motor vehicles may be driven
on any specitied road or part of a road, or on any
road within any specifid area of the Island;
( p ) the length. height and width of a motor vehicle
or trailer of any class or description measured
over all incIuding the load or otherwise, the maxi-
mum weight of load. the number of persons to be
in charge thereof, and where they are to be placed,
the position passengers may occupy in relation to
the seats, sides or floor of the motor vehicle,
the methods of loading and the distribution of
weights in relation to the floor, sides or roof of
a motor vehicle, the conditions under which they
may be used or ply for hire and the devices,
mechanical or otherwise, to be attached to motor
vehicles for the purpose of government, safety or
control;
(q) the qualifications, examination and licensing of
drivers of motor vehicles, the fees to be paid for
such examination or any other requirements or
conditions to the grant of a licence to drive;
(r) the granting of a licence and registration plates
to dealers in motor vehicles and the condi-
tions on which such licence and registration
plates may be granted and the amount to be paid
therefor, the returns to be made by them, and for
nsigning B general identification mark to such
dealers;
--
[The inclus>=f this page IS authorid by LN. 42119951
ROAD TRAFFIC 69
(3) the fees to be payable under this Part and the
persons liable to pay the same;
(I) the custody, production and cancellation on rtvo-
cation of licences and certiEcates of fitness and
the return to the Licensing Authority of licences
which have become void or revoked;
(10 the limitations of time during which drivers of
public passenger vehicles and commercial vehicles
may remain continuously on duty;
( v ) prohibiting the driving of vehicles, or of vehicles
of any specified class or description, on any speci-
Eed road otherwise than in a specified direction.
(w) the fees to be paid in respect of the grant of any
permit, special permit or licence by the Minister
in accordance with the provisions of this Act or
of any regulations made thereunder including fees
to be paid annually in respect of any such pernut,
special permit or licence, under which any motor
vehicle or trailer is used or operated on any public
road;
(x) caIdating the weight unladen of any motor 30,,956
vehicle or the unit of horsepower or the cylinder S . 4
capacity of any engine or any other basis which
may be prescribed for the purpose of any rate of
duty specified in the First Schedule; F i n t
the prior right of passage along all roads of motor Schedule. 15,,960
vehicles used- s. 2.
(i) in consequence of an alarm of fire or for
the purpose of proceeding to a 6re by any
constable or any officer, sub-officer or fie-
man of the Fire Brigade constituted under
the Fire Brigade Act;
(ii) for the purpose of collecting or transporting
a person in immediate need of medical
attention;
Who inchswn of this page is aufhorized by L N 95( 19?7]
70 ROAD TRAFFIC
261 1%8 (iii) in such other circumstances as he may
6:I995 (2) Where, pursuant to subsection (11, regulations
s'3(b)' are made with respect to sections 34A to 34D, those fegu-
lations shall be subject to affirmative resolution.
prescribe. S 3 (b).
The Points System
Assign- S9A.--(1) Subject to subsection (2), where any person is
convicted of an offence specified in the Second Schedule,
conv1c- the court before which that person is convicted shall, in addi-
m a i n tion to any penalty for that offence, order-
Second (a) that the demerit points specified in that Schedule
in relation to that offence be recorded against any
S. 6. licence held by that person; and
(b) that the person be disqualified in accordance with
subsection (4).
(2) Subsection (1) shall not apply if the penalty
imposed by the court on the person convicted of the offence
referred to in that subsection includes an order disqualifying
that person for holding or obtaining a driver's licence.
(3) Where a person is served with a prescribed
notice under section 116 in respect of an offence to which
that section relates and pays a fixed penalty in accordance
with that section-
(4 the number of demerit points specified in the
Second Schedule shall be recorded against any
licence held by that person; and
(b) the officer in charge of the Police Traffic Division
shall record in respect of that person-
(i) details of the offence committed;
(ii) the date on which the fixed penalty was
paid;
(iii) the number of demerit points specified in
the Second Schedule in relation to that
offence; and
ment of
lion for
offences.
Schedule.
111993
on
-__
IThe inclusion of this page is authorized by L.N. 951 1 9 ~
ROAD TRAFFiC
(iv) as of that date, the total number of de-
merit points recorded against the licence
of that person,
and thereafter shall forward the information
recorded to the Island TraRc Authority.
(4) Where the demerit points accumulated by a
(a) ten or more but less than fourteen, that person shall
be disqualified for holding or obtaining a driver’s
licence for a period of six months;
(b) fourteen or more but less than twenty, that person
shall be disqualified for holding or obtaining a
driver’s licence for a period of one year;
(c) twenty or more. that person shall be disqualified
for holding or obtaining a driver’s licence for a
period of two years.
(5) The Island Trafic Authority shall certify to the
Licensing Authority the number of demerit points recorded
against a person’s licence.
person total-
71
59B. Where demerit points have been recorded against a Erpunge-
person’s licence under section 59A, and for a period of three ment demerit of
years after the date of the latest recording of such demerit 2 5
points no further demerit Doints are recorded against his three years.
as aforesaid. the demerit points recorded a-gainst that per-
son’s licence shall he expunged from the records :
licence then upon the expiration of the period of three years S. 111993 6.
Provided that in calculating the period of three years. no
account shall be taken of any period of disqualification
pursuant to section 59A (4). of the licence of that person or
any period of disqualification by virtue of an order of the
court under any other provision of this Act,
- _ ~__
F e inc1us:on o f this page is authorized by L.N. 42j1995J
72 ROAD TRAFFIC
59C.-(1) The Minister may from time to time by order
amend the Second Schedule when, in his discretion, it is
desirable so to do.
(2) Every order under subsection (1) shall be
published-
(a) in the Gazette; end
(6) in a daily newspaper printed and circulated in
for a period of not less than seven days before the coming
into force of the order.
(3) Every order under this section shall be subject
to negative resolution.
Jamaica,
PART 111. Regulation of Public Passenger Vchicles
and Road Licences
60.-(1) Public passenger vehicles shall, for the purposes
of this Part and the regulations made thereunder, be divided
into the .following classes-
(U) stage carriages; that is to say, motor vehicles carry-
ing passengers for hire or reward at separate fares
(any or all of which are less than tea cents
for a single journey or such sum as may be
prescribed), stage by stage, end stopping to pick
up or set down passensem along the line of route,
and m y other motor vehicles carrying passengers
for hire or reward at separate fares and not being
express carriages or hackney carriages as herein-
after defined;
(b) express carriages; that is to say, motor vehicles not
being hackney carriages as hereinafter defined
carrying passengers for hire or reward at separate
fares (none of which is less than ten cents for a
single journey or such sum as may be prescribed)
and for a journey or journeys from one or more
(The inclusion of this page is authorized by L.N. 42!1!%51
Changes in
the demerit
point
system by
the
Miniiter.
Second
Sohedulc.
111993
S. 6.
Claaifica-
iion of
public
pasmgcr
vebides
ROAD TRAFFIC 73
points specified in advance to one or more common
destinations so specified, and not stopping to take
up or set down passengers other than those paying
appropriate fares for the journey or journeys in
question;
contract carriages; that is to say, motor vehicles
carrying passengers for hire or reward under a contract
expressed or implied for the use of the vehicle as a
whole at or for a fixed or agreed rate or sum;
hackney carriages; that is to say, motor vehicles
carrying passengers for reward or hire used in
standing or plying for hire on any thoroughfare or
place frequented by the public and which have seating
accommodation for not more than four persons;
route taxis; that is to say, motor vehicles, adapted for zo~zoos
carrying no more than ten passengers for hire or S. 5.
reward at separate fares along a designed route not
exceeding thirty kilometers, and stopping to pick up
and set down passengers along that route:
Provided that subject to section 21 of the Public Passenger
Transport (Corporate Area) Act, a public passenger vehicle
adapted to carry less than eight passengers shall not be deemed
to be a stage carriage or an express carriage by reason only that
on occasions of race meetings, public gatherings and other like
special occasions it is used to cany passengers at separate fares.
(2) Contract carriages shall not stand or ply for hire on
any road or in any place whatsoever in public view and to which
the public may have access:
[The lnclualon of tbla page Is authorlvd by L.N. 180.412006)
ROAD TRAFFIC
Provided that a Traffic Area Authority shall by order
from time to time and subject to such restrictions and
conditions as may be specified in any such order authorize
within the area of the Authority the use of certain sections
of any road, or any other place whatsoever to which the
public may have access as stands for contract carriages and any
person who fails to comply with any such restriction or
111993 condition of any such order, shall be guilty of an offence and
S. 10.
2 l/l999
shall be liable on summary conviction before a Resident
s. 2. Magistrate to a fine not exceeding five thousand dollars.
(3) It is hereby declared that where persons are
carried in a motor vehicle for any journey for considera-
tion of separate payments made by them whether to the
owner of the vehicle or to any other person, the vehicle
in which they are carried shall be deemed to be a vehicle
carrying passengers for hire or reward at separate fares
whether the payments are solely in respect of the journey
or not:
Provided that a vehicle used on a special occasion for the
conveyance of a private party shall not be deemed to be a
vehicle carrying passengers for hire or reward at separate fares
by reason only that the members of the party have made separate
payments which cover their conveyance by that vehicle on that
occasion.
(4) For the purposes of this section a motor vehicle
shall be deemed to be used on a special occasion for the
conveyance of a private party where it is used on a journey
in relation to which the following conditions are satisfied,
and not otherwise (that is to say)-
(a) arrangements for the bringing together of all the
passengers for the purpose of making the journey
as a party must have been made by some person,
[The lncluslon of thls p a p Is authorized by L.N. 180A120061
ROAD TRAFFIC
not being the holder of the licence in respect of
the vehicle or a person acting on behalf of the
holder of such a licence or a person who receives
any remuneration in respect of those arrangements;
(b) the journey must be made without previous adver-
tisement to the public of the arrangements there
for;
(c) all the passengers must, in the case of a journey to a
particular destination, be carried to, or to the vicinity
of, that destination, or, in the case of a tour, be carried
for the greater part of the journey;
(4 no differentiation of fares for the journey on the
basis of distance or of time must be made;
(e) in the case of a journey to a particular destination
the passengers must not include any person who,
frequently, or as a matter of routine, travels, at
or about the time of day at which the journey is
made, to that destination from a place from or
through which the journey is made.
Road Licences for Public Passenger Vehicles
61.--41) Subject to the provisions of subsection (6), no Road
licences for person shall use or cause or permit a motor vehicle to be used on public
any road as a public passenger vehicle unless he is the holder of passenger
vehicles. a licence (in this Act referred to as a "road licence" or "an 31,1,,3
emergency road licence") to use it as a vehicle of that class in s . 2 ~
accordance with the provisions of this Part:
[The inclusion of this page la authorized by L.N. 180A/20061
74.02 ROAD TRAFFIC
Provided that-
a person who is the holder of a road licence to use a
vehicle as a stage carriage or route taxi may use it as a
contract carriage or, as an express carriage, and a
person who is the holder of a road licence to use a
vehicle as an express carriage may use it as a contract
carriage subject to any conditions attached to the
licence; and
in the case of a service of stage carriages a vehicle
licensed under a road licence as an express carriage
may be used on the service if the Traf£ic Area
Authority of each of the traffic areas in which
the vehicle is to be so used think that it may in any
special circumstances, including the character of the
service, properly be so used and consent in writing
thereto.
3411976
S. qb).
(2) Application for a road licence or an emergency
road l i c e n c e
I
shall be made to the Licensing Authority in the
licensing area within or from which the vehicle is
intended to be ordinarily operated;
if the application is for a licence to operate a stage
carriage or an express carriage on a route which
lies in more than one licensing area-
(i) shall be made to the Licensing Authority
for the licensing area in which the route is,
under sub-paragraph (ii), certified to origin-
ate; and
(The lncluslon of this page Is authorized by L.N. 180.4120061
ROAD TRAFFIC
(ii) shall be accompanied by a certificate fiom the
Island Traffic Authority certifjring, for the
purposes of the application, the licensing area
in which the route, in the opinion of the Island
Traffic Authority, originates.
(3) A road licence issued under this Act shall, sub-
ject to the provisions of this Act, continue in force-
(a) in the case of a road licence to use a vehicle as a
stage carriage or as an express carriage, fiom the
date thereof until the third anniversary of the next
succeeding 3 1 st day of March; and
(b) in the case of any other road licence, from the
date thereof until the next succeeding 31st day
of March,
and there shall be charged, levied and paid in full at the time of
the issue of any road licence the relevant duty at the rate
specified in the First Schedule: First
Schedule.
Provided that every road licence issued under the provisions
of this Act immediately preceding the 1st day of April in any
year shall bear date the 1st day of April next ensuing.
C (4) A road licence may be reksed or, if it has already been granted, may at any time be suspended or revoked by the
Licensing Authority by whom it was granted if that Licensing
Authority is satisfied that having regard to the conduct of the 34/1976 - -
applicant or holder of the licence or to the manner in which the S.4(ch
vehicle is being used, he is not a fit person to hold such a
licence.
(The ineluslon of this page i s authorized by L.N. 180A120061
ROAD TRAFFIC
(4A) Where a constable or an Inspector designated
under section 12(1) of the Transport Authority Act has
reasonable cause to believe that a person has used or caused or
permitted a vehicle to be used in contravention of this section,
the constable or Inspector may seize the vehicle.
(4B) Subject to subsection (7)(b), a vehicle shall be kept
in the possession of the Police or the Transport Authority, as the
case may be, until the licence required under this Part is
obtained and produced to the Police or the Transport Authority.
(5) A person who uses or causes or permits a vehicle to
be used in contravention of this section, shall be guilty of an
offence and shall be liable on conviction thereof-
on a first conviction, to a fine which shall not be less
than twenty thousand dollars nor more than forty
thousand dollars and in default of payment to
imprisonment for a term not exceeding six months;
on a second conviction, to a fine which shall not be
less than forty thousand dollars nor more than
seventy-five thousand dollars and in default of
payment to imprisonment for a term not exceeding six
months;
on a third and subsequent conviction, to a fine of not
less than seventy-five thousand dollars nor more than
one hundred and twenty-five thousand dollars and in
default of payment to imprisonment for a term not
exceeding twelve months, and shall be disqualified
from holding or obtaining a driver's licence for a
period of one year from the date of conviction.
[The inclurlon of thi8 page 1 authorized by L.N. 180A120061
ROAD TRAFFIC 74.05
(6) Whenever it appears to the Minister that 3111953
existing public passenger transport services outside the S.2(b).
Corporate Area will be inadequate to meet the needs
of the public on any special occasion, the Minister may
by order permit motor vehicles of the classes or descrip-
tion specified in the order to be used, subject to the
conditions (if any) prescribed in the order, and to the
provisions of the Public Passenger Transport (Kingston
Metropolitan Transport Region) Act, for the carrying of
passengers for hire or reward on the occasion in question
notwithstanding that the vehicles are not licensed as public
passenger vehicles, and the provisions of subsection (1) shall not
apply in relation to such use of such vehicles on the said
occasion.
In this subsection "Corporate Areayy means the Corporate
Area as defined in the Kingston and St. Andrew Corporation
Act.
(7) Where a vehicle is seized pursuant to this section- 1311987
2nd. Sch.
storage fees shall become payable to such persons at
such rates and in accordance with such conditions as
may be prescribed; and
if the vehicle remains in the possession of the Police 2012005
or the Transport Authority for more than six months S.6(d)(i)
(ii).
the vehicle may, subject to such conditions as may be
prescribed, be sold by the Police or the Transport
Authority, as the case may be, to recover the cost of
storage.
[The lncluslon of thls page Is suthorlzed by L.N. 180N2006)
74.06 ROAD TRAFFIC
Classes of
road
62.--(I) Road licences may be granted in respect of the
lice,s. following classes of vehicles-
(a) stage carriages;
(b) express carriages;
(c) contract carriages;
(4 hackney carriages;
20/2005 (e) route taxis.
S. 7(a).
2012005
S. 7(b)
(i) & (ii).
(2) A road licence for a stage carriage, an express
carriage, a contract carriage, a hackney carriage or route taxi,
shall entitle the holders thereof respectively to use the vehicle
licensed as such respectively in the manner mentioned in
paragraphs (a), (b), (c), (d) and (e) respectively of subsection
(1) of section 60.
(3) An emergency road licence may be granted in
respect of the following classes of vehicles and no others-
(a) stage carriages;
(b) express carriages;
(c) contract carriages.
[The Inclusion of thls page Is authorized by L.N. 180A120061
ROAD TRAFFIC 7s
63.-(1) Subject to the provisions of this Part the Trans- Conditioru
to want of port Authority may grant to any person applying therefor road
(2) The Transport Authority shall not grant a road road
a road licence of any of the classes specified in section 62. mn&tio,,, h n C W and
attached to
licmm. licence if it is made to appear to the Transport Authority by
a Traffic Area Authority that from the particulars furnished
in pursuance of subsection (9) the provisions of Part I1 re-
lating to the speed of motor vehicles are likely to be mn-
travened and the Transport Authority, in exercising discre-
tion to grant or to refuse any such licence, or to grant or to
refuse any such licence for a stage or express carriage in
respect of any routes, and discretion to attach conditions to
any such licences, shall have regard to the following
matters-
(a) in the case of an application for a licence in respect
of a stage or express carriage. the suitabilitv of the
routes and the condition of the roads on which the
service may be provided under the licence:
(b) in the case of an application for a licence in respect
of a stage or express carriage, the extent, if any. to
which the needs of the proposed routes are already
adequately served;
(c) in the case of an apdication for a licence other
than in respect of a contract carriage, the extent to
which the pronosed service is newssarv or desirable
in the public interest;
(d, in the case of anv amlication for a licence other
than in respect of a contract carriage, the routes of
the traffic area as a whole in relation to traffic (in-
cluding the orovision of adequate. suitable and effi-
cient transport services, the elimination of unneces-
sary services and the prevention of unremunerative
services), and the co-ordination of all forms of
passenger transport, including transport by rail;
and
[The inclusion of this page is authorivd by LN. 37{19%81
76 ROAD TRAFFIC
(e) the result of any technical survey conductsd pursu-
ant to subsection (4), and, in the case of an applica-
tion for a licence in respect of a stage or express
carriage, take into consideration any representa-
tions which may be made by any Traffic Area
Authority. or local authority, in whose area any of
the routes or any part of any of the routes is situ-
ated and any objection made by an existing
operator pursuant to subsection (5 ) so, however,
that the Transport Authority shall not be obliged
to allow an existing operator to make oral sub-
missions to the Transport Authority but may, if it
thinks fit having regard to any recommendations
made by a person conducting the technical survey.
select from among such operators any one or more
of them to make such submissions.
(3) Where the Transport Authority decides not to
hear oral submissions from an existing operator pursuant to
subsection (2) the existing operator may, on such terms as
to costs as may be specified by the Transport Authority,
appeal to the Road Trafic Appeal Tribunal but any such
appeal shall not preclude the grant to the applicaqt, on such
terms and conditions as the Transport Authority in its dis-
cretion v a v think appropriate, of a road licence if. in the
opinion of the Transport Authoritv, such grant +? desirable
in the interest of the travelling public.
(4) For the purposes of subsection (2) (el the Trans-
port Authority shall arrange to have techfiical surveys
carried out either by officers in the service of the Transport
Authority or by other prsons appearing to the Authoritv
to be competent in that regard in order to determine the
population to he cerved. the likelv destinations and the likely
cornmenreinant of iournevs. the desired time of travel. the
number of smts required for passengerq a t different times of
II dav or on different davs and the sewice. heina supplied to
those passengers. ___- __-- - - me in&s2un of this m in authorized by LN. 37119881
ROAD TRAFFIC
( 5 ) A person conducting a survey pursuant to sub
section (4) shall, in the case of an application for a licence in
respect of a stage or express carriage, take into account any
representations which may be made-
(a) by any person pursuant to subsection (7); and
(b) by the Traffic Area Authority, or local authority, in
whose area any of the routes or part thereof is situated.
(6) Every representation under subsection (5) shall
be made in writing to the Transport Authority but at the
request of the person making the representation, the person
or persons conducting the technical survey may hear oral
submissions by or on behalf of the existing operator.
(7) Any person, in this section referred to as an
"existing operator"-
(a) who is already providing stage or express carriage
service along or near to the route in respect of which
an application is made for a licence to operate a stage
or express carriage service; and
(b) who satisfies the Authority that the stage or express
carriage service already so provided is being main-
tained in a satisfactory manner and that it is likely that
the service so maintained may be materially
prejudiced by the grant of the application,
may object to the grant of the application on the ground that
there is no need for any additional service on the route as the
transportation needs of the passengers using the route are
adequately served.
(8) Subject to the provisions of this section and to
representations made under this Act the Transport Authority
may attach to a road licence such conditions as the Authority
may think fit with respect to the matters in which the Authority
is required to have regard under subsection (2) and in particular
for securing that-
(The lnclu8lon of thln page la authorlzed by L.N. 180A120061
ROAD TRAFFIC
(a) in the case of a licence in respect of a stage, express,
2012005 contract or hackney carriage or a route taxi, the fares
s. 8(a). shall not be unreasonable;
(b) in the case of a licence in respect of a stage or express
2012005 carriage or a route taxi, where desirable in the public
s. 8(a). interest, the fares shall be so fixed as to prevent 0
wasteful competition with alternative forms of
transport, if any, along the routes or any part thereof,
or in proximity thereto;
(c) in the case of a licence in respect of a stage or express
carriage, copies of the timetable and fare table shall be
carried and be available for inspection in vehicles used
on the service;
(4 in the case of a licence in respect of a stage or ex-
press carriage or a route taxi, passengers shall not be
taken up or shall not be set down except at specified
points or shall not be taken up or shall not be set down
between specified points;
(e) in the case of a contract or hackney carriage or a route
taxi, a copy of the fare table shall be carried and be
available for inspection in vehicles used as such,
and generally for securing the safety and convenience ,of the
public, and the Transport Authority may from time to time vary
in such manner as the Authority may think fit the conditions
attached to a road licence.
lTbe lmluaion of t h i ~ page l a authorized by L.N. 180A/20061
ROAD TRAFFIC 7Wl
(9) Every person applying for a road licence of any
class shall submit to the Transport Authority-
(a) particulars of the types or type of vehicle to be
used accompanied by the certificate of fitness
issued in respect of the vehicle;
(b) in the case of an application for a road licence in
respect of a stage carnage or express carriage, the
proposed route, the timetables and fare tables of the
services proposed to be provided, the frequency of
the services and the times to be taken on the
journeys included in those services, a statement as
to the need for the proposed services and such other
information as the Transport Authority may
require,
and the Transport Authority shall transmit to the Traffic
Area Authority in whose area application for the licence
is made a copy of such particulars.
(10) Applications for licences under this section, and
representations submitted for consideration purrmant to
subsection (51, (other than representations made by a
Trafiic Area Authority or local authority) and any objection
made pursuant to subsection (7) shall be accompanied by
the respective fees prescribed by regulations made under
section 76, SO, however, that until other fees are so pre-
scribed the fee on each appliation, representation OT ob-
jection shall be one hundred dollars.
78.02 ROAD TRAFFIC
(11) Each representation referred to in subsection
(10) shall state the grounds of any objection propxed to be
made in respect of the application for the licence and a
copy thereof shall be served on the applicant.
(12) The Transport Authority or any person con-
ducting a survey pursuant to subsection (4) may, in its or
his discretion, where the Authority is determining the grant
or refusal of an application, invite any person who has
made a representation under subsection (5) to give oral
evidence, or any other person as a witness in the cause.
(13) Any person who pursuant to subsection (5),
makes a representation in relation to an application for a
stage or express carriage licence shall, upon application to
the Transport Authority and upon payment to the Trans-
port Authority of the prescribed fee, be given a copy of
the findings of any technical survey r e f d to in subsec-
tion (4).
(14) The Transport Authority on granting a road
licence in respect of a stage or express carriage shall send
notice thereof, including particulars of the services to be
provided thereunder tw-
(a) the Traflic Area Authority; and
ROAD TRAFFIC
(b) the local authority,
in whose area or any part thereof any such service is to be
provided.
C (15) If any person uses a public passenger vehicle or
causes or permits it to be used in contravention of this section
or, being the holder of a road licence of any class, wilhlly or
without reasonable cause fails to comply with any of the
conditions attached to that licence he, subject to subsection (16),
is guilty of an offence and is liable on summary conviction
before a Resident Magistrate to a fine not exceeding one 20,2005
hundred thousand dollars or to imprisonment for a term not s.s(b).
exceeding three months or to both such fine and imprisonment
and in respect of a second or subsequent conviction the court
may, upon application by the Transport Authority, revoke the
road licence.
(16) The failure in any case to comply with any con-
dition referred to in subsection (15) shall not be an offence
if the alleged offender proves that the Traffic Area Authority
for the traffic area in which the offence is alleged to have
been committed had dispensed with compliance in that
case.
(17) In-
(a) this Part "local authority" means the Parish Council of
any parish or the Kingston and St. Andrew
Corporation:
lThe inclusion of thb page is authorized by L.N. 180A120061
ROAD TRQFFIC
Power of
Minister to
limit number
of road
licences.
2311957
s. 2.
(b) this section "Transport Authority" means the
Transport Authority established under the Transport
Authority Act.
64.-(1) A Licensing Authority may, by instrument in 0
writing addressed to the Minister, from time to time, recommend
that the Minister make an order under this section limiting the
number of road licences in respect of any specified class of
vehicle which may be granted in, or in relation to, any specified
licensing area during /my specified period.
(2) Where a recommendation has been made by a
Licensing Authority under subsection (1) the Minister may,
in his discretion, by order declare the maximum number of
road licences in respect of any specified class of vehicle
which may, in or in relation to, any specified licensing area
during any specified period be granted by a Licensing Authority
whether or not it is the Licensing Authority making the
recommendation.
(3) When an order has been made by the Minister under
subsection (2) a Licensing Authority-
(\.-) .-
(a) shall, in relation to any application for a road licence,
have regard to such order;
[The inclusion of this page is authorized by L.N. 180Al20061
ROAD TRAFFIC m
(6) shall deal with applications for licences which are
affected by such order in its discretion but in such
a manner as to ensure that any limitation on the
nuniber of licences to be granted is, as far as
possible, equitably applied to such applications;
and
(c) may, in exercising any discretion vested in it under
subsections (2) and (6) of section 63, attach to any g(L*&
licence such conditions as may be necessary to
give effect to such order and, notwithstanding any
other provisions of this Act, such conditions may
include restrictions on the operations of any class
of vehicle.
65.-(1) This section applies to an application made in spaciaiiy
accordance with subsection (2) of section 61 for a licence to g g "
operate a stage carriage or an express carriage on a proposed
route which lies in more than one licensing area. S. 6,
(2) An application to which this section applies shall
be considered and determined by the Licensing Authority to
which the application is made, which, however, shall be
constituted for such purposes by the addition of one member
of the Licensing Authority for each other licensing area in
which any part of the proposed route lies, nominated in
accordance with subsection (3).
(3) A Licensing Authority which receives an applica-
tion to which this section applies (hereinafter referred to in
this subsection as the appropriate Licensing Authority) shall
give notice of the application to the Licensing Authority for
IThe inclusion of this page is authorized by L.N. 37/19881
80 ROAD TRAFFIC
each other licensing area in which any part of the proposed
routes lies, and the chairman of each such Licensing
Authority upon receipt of such notice shall nominate one
of the members of that Licensing Authority to be a member
of the appropriate Licensing Authority for the purpose of
hearing and determining the application.
(4) A Licensing Authority constituted under this
section shall, in relation to an application to which this
section applies and to any licence granted pursuant to such
application, be deemed for all purposes to be the Transport
Authority established under the Transport Authority Act.
13,198y
2nd
(5) Where a licence has been granted by a Licensing
Authority constituted in accordance with this section, the
powers conferred by this Act upon a Licensing Authority
to suspend or revoke a licence shall, in relation to any
licence so granted, be exercised by a Licensing Authority
constituted in accordance with this section, and accordingly
any question as to the exercise of such powers shall be
referred to the Licensing Authority which receives the
application for the licence and the provisions of subsection
(3) shall apply mutaris murandis as if such reference of
that question were the receipt of an application by that
Licensing Authority.
E~~~~~ 66.41) Subject to the provisions of this section, where
l i c e S . road-
s. 3(U)((b).
the Minister is- satisfied in relation to any licensing area
1311953 that-
(a) the holder of any road licence in respect of a stage
carriage or an express carriage (whether voluntarily
or by reason of causes beyond his control) wholly
or in part either-
(i) has failed or neglected to provide; or
F e inclusion of this m e is authorized by L.N. 37/1988]
ROAD TRAFFIC
(ii) has discontinued or suspended the provision
of; or
(iii) is likely to discontinue or suspend the pro-
vision of,
the service authorized to be provided under such
licence; or
(b) any road licence in respect of a stage carriage or
express carriage has been revoked or suspended
under the provisions of this Act.
(i) by order empower the Licensing Authority for the
relevant area to grant so many emergency road
licences in relation to such routes and for such
periods {not being in excess of twelve months) as
may be sp~cified in such order; and
(ii) by the same or any other order revoke all existing
road licences in force in relation to such routes.
(2) Every emergency road licence shall take effect
from such day as may be specified in such licence and
unless sooner revoked or suspended shall continue in force
until such day (not being more than twelve months next
after the date upon which such licence takes effect) as may
be specified in such licence.
he may-
(3) There shall be paid in respect of the grant of
any emergency road licence a fee of two dollars.
(4) The provisions of section 63 other than so much
of the provisions of subsection (2) as require the Licensing
Authority to take into consideration representations made
by the persons referred to in such subsection, and the pro-
visions of section 67 and of section 68 shall apply to 34/1976
emergency road licences as they apply to road licences S. 7,
under section 63.
F e inclusion of this pa.be is authorized by L.N. 68/1978]
82 ROAD TRAFFlC
( 5 ) For the avoidance of doubt it is expressly
declared that nothing in this Act or in any regulation made
thereunder requiring any application for the grant of a
road licence to be advertized or notice of such application
10 be given to any person other than the Licensing Authority
or providing for any right of appeal against the decision
of any Licensing Authority to grant or revoke any applica-
tion for a road licence shall apply to any emergency road
licence.
(6) Notwithstanding anything to the contrary, any
emergency road licence may be revoked at any time by the
Minister without any cause assigned.
(7) Notwithstanding anything to the contrary, no
compensation shall be payable in respect of the revocation
of any emergency road licence under this section.
(8) When any existing road licence is revoked in
accordance with the provisions of this section there shall
be refunded to the holder of that licence such sum as bears
to sixteen dollars the same proportion as is borne by the
number of months between the date of revocation and the
date on which the licence would normally have expired
to forty-eight.
(9) At any time before the expiration of an emer-
gency road licence the Minister may by order empower
the Licensing Authority for the relevant area to renew such
licence for such period (not being more than twelve months
from the date of the expiration of the licence) as may be
specified in the order, and if the licence is renewed in
pursuance of such order, it shall, subject to the succeeding
provisions of this subsection, continue in force until the
expiration of the period specified in the order.
The provisions of subsections (31, (4) and (5) shall have
effect in relation to the renewal of an emergency road licence
r h e inclusion of this page is authorized by L.N. 68119781
ROAD TRAFFIC 83
as they have effect in relation to the grant of such a licence,
and the provisions of subsections (6) and (7) shall have
effect in relation to an emergency road licence in respect
of any period for which it has been renewed as they have
effect in relation to such licence in respect of the period
for which it was first granted.
1
67.-(1) $bject to subsection (2), a road licence in respect validityof
of a stage carriage, an express carriage, a hackney carriage or a ztces in
route taxi granted by the Licensing Authority of any licensing 0 t h ~
area shall not be valid in any other licensing area. licensing areas.
3411976
(2) A road licence in respect of a stage carriage or iiioo5
an express carriage granted under section 65 shall be valid s.9.
in every licensing area in which is situated any part of the
route authorized by the licence.
(3) Except as provided in subsections (1) and (2), any
licence issued under this Part by the Licensing Authority
of any licensing area shall be valid in any other licensing
area.
68.-(1) A road licence of any class may be revoked or Revocation
suspended by the Licensing Authority who granted the licence, 30","ir-
if that Licensing Authority is satisfied that any condition subject licences for
to which the licence was granted has not been complied with: :&,,imce
with condi-
Provided that the Licensing Authority shall not revoke such a :;;;76
licence unless owing to the frequency of the breach of the s.9 .
conditions on the part of the licensee, or to the breach having
been committed wilfully, or to the danger to the public involved
in the breach, the Licensing Authority is satisfied that the
licence should be revoked or suspended.
(2) The Licensing Authority on revoking or suspend-
ing a road licence shall send notice thereof to the Island
[The inclusion of this page Is authorized by L.N. 180A12006j
84 ROAD TRAFFIC
Traffic Authority, to the Traffic Area Authority and every local
authority in whose area the service to which such licence relates
is provided.
(3) A road licence shall not be capable of being
transferred or assigned:
Provided that provisions may be made by regulations for i-) /
enabling a person carrying on the buqinesf.J of the holder of a
licence issued in respect of a stage or express carriage service to
continue for the time being the service in the event of the death,
incapacity, bankruptcy or liquidation of the holder, or of the
appointment of a receiver or manager in relation to the business
Conductors ' Licences
Conductors' 69.-(1) A person shall not act as conductor of a stage
licences. or express carriage on a road unless he is licensed for the
purpose under this Part, and a person shall not employ any
person who is not so licensed to act as conductor of any such
vehicle on a road.
(2) There may be attached to the licence such con-
ditions as the Licensing Authority may think fit to impose.
(3 ) A person shall be disqualified for obtaining a
licence to act as conductor, of a stage or express carriage
unless he is over the age of eighteen years and hlfils such
other conditions as may be prescribed.
,--,
( "1
(4) A licence to act as conductor of a stage or express
carriage may at any time be suspended or revoked by the
Licensing Authority by whom it was granted upon the
ground that, by reason of his conduct or physical disability,
the holder is not a fit person to hold such a licence.
1The lncluslon of thla page is authorized by L.N. 180N2006)
ROAD TRAFFiC 85
(5) If any person acts in contravention of this section
or fails Lo comply with any condition attached to the
licence he shall be guilty of an offence and shall be liable on ]/I993
summary conviction before a Resident Magistrate to a fine S.
21 I WY9 s. 2. not exceeding one thousand dollars.
70.-(1) An application to act as conductor of a stage or Application
express carriage shall be made to the Licensing Authority for condue
of the area in which the applicant resides, and there shall $&cs,
be paid to the Licensing Authority in respect of such licence
a fez of five hundred dollars, 21 / 1999
5.2.
(2) A conductor’s licence issued under this Act shall,
subject to the provisions of this Act, continue jn force
from the date thereof until the then next ensuing 31st day
of March :
Provided that the licence duty in respect thereof shall be
paid in full at the time of the issue of the licence:
Provided further that every conductor’s licence issued
under the provisions of this Act immediately preceding
the 1st day of April in any year shall bear date the 1st
day of April then next ensuing.
General Provisions as to Licences
71. Subject to the provisions of this Part the Minister ~~ Procedure
may make regulations as to the procedure on applications ;t;ig:t~
for and the determination of questions in connection with
the grant, suspension and revocation of licences under this
Part by a Licensing Authority, and the surrender of such
licences, and those regulations may make provision as to the
particulars to be furnished and the person to whom notices
are to be given, the manner in which notices are to be
published or served, and as to the manner in which objec-
tions may be made.
[The inclusion of this page is authorized by L.N. 3/ZW1]
86 ROAD TRAFFIC
APPWIS to
Tribunal Appeal in
connection with road
Licences.
72.-(1) Any person who--
Road Traffic
(U) being an applicant for the grant of a road licence,
is aggrieved by the refusal or failure of the
Licensing Authority to grant the licence, or with
any condition imposed by the Licensing Authority;
or
(b) being a local authority which, or a person provid-
ing transport facilities who, has opposed the grant
or variation of a stage or express carriage licence,
is aggrieved by the grant thereof or by any con-
dition or by any variation of the conditions
attached thereto; or
(d being the holder of a road licence, is aggrieved at
the revocation or suspension thereof, by the Licens-
ing Authority or by any variation of the conditions
attached thereto,
may within the prescribed time and in the prescribed manner
appeal to the Road Traffic Appeal TribunaI constituted
under section 21.
(2) On any such appeal, the Road Traffic Appeal
Tribunal shall have power to make such order as it tbinks
fit (including an order revoking a licence) and any such
order shall be final and conclusive and shall be binding
upon the Licensing Authority.
llppepls
Road Traf-
fic Appal
Tribunal in
connection
with
conductors’
licences.
7 3 4 1 ) Any person who, being the holder of or an appli-
cant for a licence to act as conductor of a stage or express
carriage feels aggrieved by conditions attached to the licence
or by the refusal or failure of the Licensing Authority to
grant or by the suspension or revocation of such a licence,
may by notice in writing to the Licensing Authority require
the Authority to reconsider the matter, and shall on the
reconsideration be entitled to be heard either personally
or by his representative.
IThe indudon of this page is authorized by L.N. 3120011
ROAD TRAFFIC 87
(2) Any person who is so aggrieved as aforesaid or who
is dissatisfied with the decision of the Licensing Authority on
the reconsideration of the matter may appeal to the Road Traffic
Appeal Tribunal and on any such appeal the Tribunal may make
such order as it thinks fit and any order so made shall be final
and conclusive and shall be binding on the Licensing Authority.
Drivers, Conductors and Passengers
74.-(1) The Minister may make regulations generally as to
the conduct of passengers in public passenger vehicles and such ofpas-
regulations may in particular, without prejudice to the generality
of the foregoing provisions-
(a) authorize the removal ftom a public passenger vehicle
of any person infringing the regulations by the driver
or conductor of the vehicle or on the request of the
driver or conductor by any constable;
(b) require a passenger in a stage or express carriage
who is reasonably suspected by the driver or con-
ductor thereof of contravening the regulations to
give his name and address to a constable or to
the driver or conductor on demand;
(c) require a passenger to declare, if so requested by
the driver or conductor, the journey he intends
to take or has taken in the vehicle, and to pay
the fare for the whole of such journey and to
accept any ticket provided therefor;
(6) require, on demand being made for the purpose
by the driver or conductor or other person
authorized by the licensee of the vehicle, produc-
tion during the journey and surrender at the end
[The lncluslon of this'page Is authorlzod by L.N. 180.412006]
-
ROAD TRAFFlC
2012005
S. 10.
Regulations
for conduct of
drivers and
conductors.
2012005
S. 11.
of the journey by the holder thereof of any ticket
issued to him;
!) require a passenger, if so required by the driver or
conductor, to leave the vehicle on the completion of
the journey the fare for which he has paid;
V) require the surrender by the holder thereof on the
expiry of the period for which it is issued of a ticket
issued to him.
(2) If any person contravenes any provision of any such
regulations, he shall be liable to a penalty not exceeding fifty
thousand dollars.
75.-(1) The Minister may make regulations as to the
conduct of persons licensed to act as drivers or conductors
of public passenger vehicles when acting as such.
(2) If any person to, whom such regulations apply
contravenes or fails to coniply with any of the provisions
of the regulations, he shall be liable to a penalty not
exceeding seventy-five thousand dollars, and the court by which
he is convicted may, if it thinks fit, cause particulars of the
conviction to be endorsed upon the licence granted to that
person under this Part.
(3) The person who has the custody of the licence
shall, if so required by the convicting court, produce the
licence within a reasonable time for the purpose of endorse-
ment, and if he fails to do so, shall be guilty of an offence.
Generalpower 76. The Minister may make regulations for any purpose
Of6g regulations. for which regulations may be made under this Part and for
prescribing anything which may be prescribed under this
Part, and generally for the purpose of carrying this Part
into effect, and in particular, but without prejudice to the
(The lnclualon of this page la authorized by L.N. 180A120061
ROAD TRAFFIC 89
genera!ity of the foregoing provisions, may make regulations
with respect to any of the following matters-
(a) the forms to be used for the purposes of this Part;
fb) applications for and the issue of Iicences and of 20/1964
certificates of fitness and the fees to be charged s'7.
in relation to such certificates;
k) the issue of copies of licences and certificates in
the case of licences or certificates lost or destroyed;
(d) the documents, plates and marks to be carried by
public passenger vehicles and the manner in which
they are to be carried;
(e) the badges to be worn by drivers and conductors
of public passenger vehicles and the identification 34(1976
exhibited by them;
(f) the custody of licences, the production, return and
cancellation of licences on suspension or revoca-
tion, and the production, return and cancellation
on revocation of certificates of fitness and as to
the custody, production and return of badges and
plates;
the deternunation of the number of passengers a
public passenger vehicle is adapted to carry, the
number who may be carried and the use of tickets 13,1987
in relation to fares payable by such passengers;
(h) the camage of luggage and goods on public
passenger vehicles;
(i) the safe custody and re-delivery or disposal of any
property accidentally left in a public passenger
vehicle and fixing the charges made in respect
thereof;
[ j ) the equipment to be carried by public passenger
vehicles;
cards, photographs and documents to be carried or s. 10.
a.
-
me inclusion of this page is author@ed by L.N. 37/19&3]
90 ROAD TRAFFIC
(k) the inspection of vehicles proposed to be licensed
as public passenger vehicles, the maximum size,
we@ and dimension of such vehicles or their
design;
2111957 (0 the classification of hackney carriages;
s. 3.
s. 3.
U11957 (m) the control and regulation, in regard to hackney
carriages, of instruments, equipment, fittings and
appliances to be used therewith, their owners,
drivers, and persons holding road licences in rela-
tion thereto, and the fares to be charged whether
by prescribed districts or distance or otherwise and
whether or not to be ascertained by meters, either
on the basis of time or distance or both,
(n) the documents and records to be kept and the
returns to be furnished by the owners or drivers of,
or persons holding road licences in relation to,
public passenger vehicles;
1311957
s. 3.
34119% s. I!.
1311987
2nd. soh.
(0) the fees to be paid on applications for licences in
respect of stage carriages and express carriages and
on representations or objstions made by persons
(other than the applicants) in connection with such
applications;
and different regulations may be made as respects different
classes or descriptions of public passenger vehicles and BS
respects the Same class and description of public passenger
vehicles in daerent circumstances.
Nonmap m.-(1) Nothing in this Part shall be construed or taken
tion KaEfib o as relieving the driver or owner of a public passenger vehicle g$G'nv from any liability under the other provisions of th is Act
OftbiaACt relating to motor vehicles or any regulations made there-
monkW. under or from any liability under any other Act or at
common law.
or at corn-
me inclusion of this page is authorized by LN. 37/'1988]
ROAD TRAFFIC 91
(2) This Part shall not apply to the vehicles men-
tioned in the proviso to section 9.
PART IV. Regulation of Commercial Motor Cars
7 8 . 4 1 ) Subject to the provisions of this Part, no person Prohibition
shall use a commercial motor car on a road for the carriage commercial io u x
11,0101’ cam
Of goods- except
under
licences.
(a) for hire or reward; or c a r r i e d
(b) for or in connection with any trade or business
except under a licence (in this Act referred to as a “carrier’s
licence”).
12) For the purposes of this Part and the regulations
made thereunder-
(a) the expression “commercial motor car” means a
motor vehicle constructed, adapted or used for the
carriage of goods and any other motor vehicle
including tractors and trailers used in connection
with or in the furtherance of any private or
business undertaking :
Provided that a vehicle used by its owner in
the pursuits of his profession or business for hi
personal conveyance shall not be deemed to be a
commercial motor car :
Provided further that a vehicle registered as a
private motor car shall not be deemed to be a
commercial motor car by reason only of its use as
such in extraordinary circumstances;
(b) the expression “goods” includes goods or burden
of any description and the expression “carriage”
includes haulage;
(c) when a commercial vehicle is being used on a road
for the carriage of goods, the driver of the vehicle,
carried on by him,
[The inclusion of this page is alrthorized by L.N. 3/2001]
92 ROAD TRAFFIC
if it belongs to him or is in his possession under
an agreement for hire purchase or loan, and,
in any other case, the person whose agent or servant
the driver is, shall be deemed to be the person by
whom the vehicle is being used.
(3) Application for a carrier’s licence shall be made
to the Licensing Authority for the licensing area in which
the authorized vehicles are kept.
(4) A carrier’s licence issued under this Act shall,
subject to the provisions of this Act, continue in force
from the date thereof until the then next ensuing 31st day
of March. And there shall be charged, levied and paid to
the Licensing Authority in respect of a carrier’s licence the
relevant duties at the rates specified in the First Schedule :
Provided that the licence duty in respect thereof shall be
paid in full at the time of the issue of the licence:
Provided further that every carrier’s licence issued under
the provisions of this Act immediately preceding the 1st
day of April in any year shall bear date the 1st day of
April then next ensuing.
(5 ) Any person who uses or causes or permits a
commercial motor car to be used in contravention of this
section shall be guilty of an offence and shall be liable on
summary conviction before a Resident Magistrate to a fine
not exceeding five thousand dollars and the vehicle shall
be liable to be seized and kept in the possession of the
Police until the licence required by this Part has been
obtained and produced.
7 9 . 4 1 ) Licences shall be of the following classes--
First
Schedule
, , 1 ~ 3
S. 10.
21/1* s. 2.
aasKlrof
(a) public carriers’ licences;
(b) private carriers’ licences.
camera’
licence+
(2) A public carrier’s licence shall entitle the holder
thereof to use the authorized vehicles for the carriage of
W e inclusion of this page is authorized by L.N. 3/2WI]
ROAD TRAFFIC
goods for hire or reward, or for the cariiage of goods for
or in connection with his business as a carrier of goods,
but it shall be a condition of the licence that no vehicle
which is fcr the time being an authorized vehicle shall be
used for the carriage of goods for or in connection with any
other trade or business camed on by him except such
storage or warehousing of goods as may be incidental to
his business as a carrier.
(3) A private carrier’s licence shall entitle the holder
thereof to use the authorized vehicles for the carnage of
goods for or in connection with any trade or business carried
on by him, subject to the condition that no vehicle which
is for the time being an authorized vehicle shall be used
for the carriage of goods f i r hire or reward.
Notwithstanding anything in this Part, the Licensing
Authority may, in a case of emergency and subject to such
conditions as it thinks fit to impose, authorize the holder
of a private carrier’s licence to use an authorized vehicle
for the carriage of goods for any person to whom he lets
the vehicle, if the Authority is satisfied that the needs of
that person cannot conveniently be met from other sources.
(4) For the purposes of this Part the expression
“authorized vehicle” means in relation to any carrier’s
licence a vehicle authorized to be used thereunder.
(5) The vehicles authorized to be used under a
(a) such motor vehicles, being vehicles belonging to
the holder of the licence or in his possession under
a hire-purchase agreement, as are specified in the
licence;
(b) motor vehicles from time to time in the possession
of the holder of the licence under an agreement
carrier’s licence shall b e -
[The inclusion of this pag- is authorized by L.N. 68/1978]
93
94 ROAD TRAFFIC
for hire or loan, not exceeding at any time such
maximum number as is specified in the licence;
(c) trailers from time to time belonging to the holder
of the licence or in his possession under an agree-
ment for hire-purchase, hire or loan, not exceeding
at any time such maximum number as is specified
in the licence.
(6) A motor vehicle specified in the licence shall not,
while it remains so specified, be capable of being effectively
specified in any other Iicence under this Part.
(7) A person may be the holder of two or more
licences whether of the samedass or of different classes.
Procedure 80.-(1) A person applying for a licence shall submit to
the Licensing Authority a statement in the prescribed form--
(U) containing as respects motor vehicles proposed to
be used under a licence, such particulars as may
be prescribed;
(b) stating the number and type of hired motor vehicles
and of trailers proposed to be so used;
Ic) specifying, in the case of an application for a public
carrier’s licence, the facilities for the carriage of
goods intended to be provided by him under the
licence for other persons including the particulars
of the district within which, or the places between
which, it is intended that the authorized vehicles
will normally be used for the purposes of carrying
goods for hire or reward.
(2) A person appIying for a carrier’s licence shall
give to the Licensing Authority any information which it
may reasonably require for the discharge of its duties in
relation to the application and, in particular, an applicant
on applica-
tion ior
lieences.
[The inclusion of this pase is authorized by L.N. 6S/ 19781
ROAD TRAFFIC
for a public carrier’s licence shall, if required by the
Licensing Authority; submit to the Authority in the pre-
scribed form such particulars as the Licensing Authority
may require with respect to any business as a carrier of
goods for hire or reward carried on by the applicant at
any time before the making of the application and of the
rates charged by the applicant.
95
81. A carrier‘s licence may be refused, or, if it has already Rcfusal,
been granted. may at any time be suspended or revoked orleyoca. suspension
by the Licensing Authority by whom it was granted if it ;;;ifsq
is made to appear to the Licensing Authority by a Traffic Iqcencesin
Area Authority, that having regard to the conduct of the cBses.
applicant or holder of the licence or to the manner in which
the vehicle is being used he is not a fit person to hold
such a licence.
certain
82.-(1) Subject to the provisions of this section, the Discretion
of
Licensing Authority- Licensing
Authority
(a) on an application for a public carrier’s licence, tograntor
to refuse shall have full power in its discretion either to carriers’
grmt or to refuse the licence; and licences.
(b) on an application for a private carrier’s licence,
shall grant the licence, unless the applicant is the
holder of a licence which is suspended, or unless a
licence previously held by him has been revoked,
in either of which cases the Licensing Authority
shali have full power in its discretion either to
grant or to refuse the licence.
(2) A Licensing Authority in exercising its discretion
to grant or to refuse a public camer’s licence shall have
xgard primarily to the interests of the public generally,
including those of persons requiring, as well as those of
lThe inclusion of this page is authorized by LN. 68/1978]
96 ROAD TRAFFIC
persons providing, facilities for transport, and, in particular,
shall have regard to-
(U) the extent, if any, to which the needs of the
licensing area in which the licence is issued are
already adequately served,
(b) the extent to which the proposed service is neces-
sary or desirable in the public interest;
(c) the needs of the licensing area as a whole in rela-
tion to traffic (including the provision of adequate,
suitable and efficient transport services, elimination
of unnecessary services and the prevention of un-
remunerative services) and the co-ordination of all
forms of goods transport including transport by
rail.
Conditions 83.-(1) It shall be a condition of every carrier’s licence-
(a) that the authorized vehicles are maintained in a
fit and serviceable condition;
(h) that any provisions (whether contained in any Act
or in any regulations or orders) with respect to
limits of speed and weight, laden and unladen, and
the loading of goods vehicles, are complied with in
relation to the authorized vehicles.
of licences
(2) Any person who fails to comply with any con-
dition of a licence held by him shall be guilty of an offence.
8 4 4 1 ) A carrier’s licence of either class may be revoked
or suspended by the Licensing Authority by whom the
licence was granted on being satisfied by a Traffic Area
Authority that any condition subject to which the licence
was granted has not been complied with:
Provided that the Licensing Authority shall not revoke
or suspend any such licence unless owing to the frequency
Powa to
tosuspend
revoke or
licences.
[The inclusion of this page is authorized by L.N. 68/19781
ROAD TRAFFIC 97
of the breach of conditions of thc licence, or to the breach
having been committed wilfully, or to the danger to the
public involved in the breach. the Licensing Authority is
satisfied that the licence should be revoked or suspended.
(2) In any case where a carrier's licence is revoked
or suspended th: Licensing Authority shall, if requested
by the licence holder, state in writing the grounds for the
revocation or suspznsion.
85.-(1) The Licensing Authority shall publish in the Obiecfions
10 appllca- prescribed manner notice of an application for a public t' mns for
carrier's licence specifying the time within which, and the 'ioences.
manner in which, objections may be made to the grant
of the application.
(2) It shall be the duty of the Licensing Authority,
on an application for a public carrier's licence, to take
into consideration any objections to the application which
may be made by persons who are already providing facilities
for the carriage of goods for hire or reward in the district,
or between the places which the applicant intends to serve,
on the grounds that suitable transport facilities in that
district, or between those places, are, or if the application
were granted, would be, either generally or in respect of
any particular type of vehicles. in excess of requirements.
86. Any person who- Provisions
for appeals
(a) being an applicant for the grant of a carrier's licence ~~~~~-
is aggrieved by the decision of the Licensing licences.
Authority on the application; or
(b) in the case of a public carrier's licence having duly
made an objection to any such application as
aforesaid, being an objection which the Licensing
Authority is bound to take into consideration, is
[The inclusion of this page is authorized by L.N. 68/ 19781
98 ROAD TRAFFIC
aggrieved by the decision of the Liceiising Author-
ity thereon; or
(c) being the holder of a carrier’s licence is aggrieved
by the revocation or suspension thereof,
may within the prescribed time and in the prescribed manner
appeal to the Road Traffic Appeal Tribunal constituted
under section 21, and such Tribunal may make such order
as it thinks fit and such order shall be final and conclusive
and shall be binding on the Licensing Authority.
Transferof
prohlbitd. transferred or assigned :
87. A carrier’s licence shall not be capable of being
Provided that provision may be made by regulations for
enabling a person carrying on the business of the holder
of a licence to continue for the time being to use the
authorized vehicles in the event of the death, incapacity,
bankruptcy or liquidation of the holder, or of the appoint-
ment of a receiver or manager in relation to the business.
licences
Oeneral 88. The Minister may make regulations for any purpose
mlk;ng, for which regulations may be made under this Part and
regulations. for prescribing anything which may be prescribed under
this Part, and generally for the purpose of carrying this
Part into effect and, in particular, but without prejudice to
the generality of the foregoing provisions, may make regula-
tions with respect to any of the following m a t t e r s
(a) the forms to be used, and the particulars to be
furnished, for any of the purposes of this Pars
power of
(b) the procedure on application for, and the deter-
mination of questions in connection with the grant,
suspension and revocation of licences under this
Pars
k) the issue of licences, and the issue of copies of
licences in the case of a licence lost or destroyed;
Crhe inclurion of this page is authorid by L.N. 681 19781
ROAD TRAFFIC
(d) the means by which vehicles are to be identified,
whether by plates, marks or otherwise, as being
authorized vehicles;
(4 the custody of licences, the production, return and
cancellation of licences on suspension or revoca-
tion, and the custody, production and return of
documents and plates,
and different regulations may be made as respects different
classes or description of vehicles and as respects the same
class or description of vehicles in different circumstances.
99
89. Nothing in this Part shall be construed or taken as NOn-aXcmR-
relieving the driver or owner of a commercial motor car tion 1iab;lily of
from any liability under the other provisions of this Act
relating to motor vehicles or any regulations made there- o f * i s k t
under or from any liability under any other enactment or % h ' , ~ n
at common law. law.
PART V. International circularion of Motor Vehicles
90.-(1) The Minister may by order for the purpose of Internation-
al circula-
motor
VehiClcr.
giving effect to any convention for facilitating the inter- tionof
national circulation of motor vehicles providw
(U ) for the grant and authentication of any travelling
passes, certificates or authorities which may be of
use to persons resident in Jamaica when tempor-
arily taking their motor vehicles abroad, or to
drivers when proceeding abroad for the purpose
of driving motor vehicles; and
(b) for modifying the provisions of this Act and
regulations made thereunder relating to the
registration of motor vehicles and the licensing of
motor vehicle drivers in the case of motor vehicles
vhe inclusion of t h i s page is authorized by L.N. 68/1978]
100 ROAD TRAFFZC
brought temporarily into Jamaica by persons
resident abroad, and intending to make only a
temporary stay in Jamaica, and of drivers enter-
ing Jamaica and intending to make only a tempor-
any stay in Jamaica.
1511960
s. 3.
(2) Any modifications of this Act, or the regulations
made thereunder, made by an order under this section shall
not have any force or effect until they have been approved
or amended by the House of Representatives, and when so
approved or amended by resolution shall, as from the date
of such approval or amendment, have the same force and
effect as if they were contained in and formed part of this
Act or those regulations.
Cases not
w;,thinany
1 ~ 1 9 6 0
91. The powers conferred by section 90 shall be exercis-
able for the benefit of persons resident in a country which
is not a party to any such convention as is referred to in
that section, in like manner and to the like extent as those
powers may be exercised for the benefit of such persons as
are so referred to.
convention.
s. 4.
PART VI. Roads and Vehicles Generally
Application 92. This Part shall apply to vehicles of every description,
of to this all part howsoever drawn or propelled, including handcarts, wheel-
vehicles borrows and other similar vehicles but excluding the vehicles
s. 2. mentioned in the proviso to section 9. 511954
A ,,ication
ofPaflII
~ 1 9 6 2
93. Notwithstanding the provisions of any other Act or
of section 94, the provisions of subsection (1) of section 27,
subsection (1) of section 32, subsection (1) of section 33,
subsections (1) and (3) of section 34, section 37, section 38,
ofceitain
to this Part.
s. 5.
regulations made thereunder, but subject to the provisions
,... r h e inclusion of this page is authorized by L.N. 68119781
ROAD TRAFFIC 101
except in so far as they relate to the maximum speed of a
vehicle, sections 39, 44, 51, 53, 54 and 56, subsections (I),
(2) and (3) of section 57 and subsection (6) of the said
section, in so far as the provisions of the subsection relate
to subsections (I) and (3) of the section, and section 58,
shall apply to animal drawn vehicles and pedal bicycles
and the drivers or riders thereof, subject to the modifications
that references in the said provisions to motor vehicles shall
be construed as references to animal drawn vehicles and
to pedal bicycles.
94.-(l) The provisions of subsection ( I ) of section 33 Regulation
of bicycle (which relates to racing and speed trials) shall not apply to racing
a person who promotes or takes part in a race or trial of z&2
speed on a road between pedal bicycles where the race or S. 6.
trial is authorized, and is conducted in accordance with
any conditions imposed, by or under regulations under this
section.
(2) The Minister may by regulations authorize, or
provide for authorizing, for the purposes of subsection (l),
the holding on a road of races or trials of speed of any
class or description, or a particular race or trial of speed,
in such cases as may be prescribed and subject to such
conditions as may be imposed by or under the regulations,
and may prescribe the procedure to be followed, and the
particulars to be given, in connection with applications for
authorization under the regulations, and regulations under
this section may make different provision for different classes
or descriptions of races and trials.
(3) Without prejudice to any other powers exercis-
able in that behalf, the Commissioner of Police may give
such directions with regard to the movement of, or the
route to be followed by, traffic during such period as may
be necessary or expedient to prevent or mitigate congestion
--
W e inclusion of this page is authorized by L.N. 68/19781
102 ROAD TRAFFIC
or obstruction of traf6c or danger to or from traffic, in
consequence of the holding of a race or trial of speed
authorized by or under regulations under this section, in-
cluding a direction that any road or part of a road specified
in the direction shall be closed during any such period to
traffic or to traffic of a class or description so specified.
(4) In this section “traffic” includes bicycles, tricycles,
motor vehicles, vehicles of every description however drawn
or propelled including handcarts, wheel-barrows and other
similar vehicles, bodies of troops, processions and all animals
being ridden, driven or led.
Issue by 95.41) The Island Traffic Authority shall prepare a code
(in this Act referred to as the “Road Code”) comprising
Authority such directions as appear to the Authority to be proper
forguidance for the guidance of persons using roads, and may from
time to time revise the Road Code by revoking, varying,
amending or adding to the provisions thereof in such manner
as the Authority may think fit.
Island
of direction,
of users of
roads.
(2) The Island TraEc Authority shall cause the Road
Code and every revised edition thereof to be printed and
issued to the public at a price not exceeding the prescribed ,7,1963
s. 4. price.
(3) The failure on the part of any person to observe
any provisions of the Road 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 negative any liability which
is in question in those proceedings.
Ereftan of 96.A 1) The Road Authority may cause or permit trafEc
signs to be placed on or near any road. traffic signs, C i f
Fhc inclusion of this page is authorized by L.N. 681 19781
ROAD TRAFFlC
(2) TraEc signs shall be of the prescribed size, colour
and type, except where the Road Authority authorizes
erection of a sign of another character.
(3) The Road Authority shall by notice in writkg
require the owner or occupier of any land on which there
is any sign or any object which so closely resembles a traffic
sign that it might reasonably be taken to be such a sign,
to remove it, and if any person fails to comply with such
a notice the Road Authority may effect the removal, doing
as little damage as may be.
(4) In this Part the expression “traffic sign” includes
marks on the surface of roads, all signals, whether automatic
electric signals or otherwise, warning sign posts, direction
posts and signs or other devices for the guidance or direction
of persons using roads.
(5) Regulations may be made restricting or regulat-
ing the placing, erection and exhibition of traffic signs under
this section.
103
97.-{1) The driver of every vehicle and the rider of Alltraffic
urns to ID every bicycle shall obey- ahrved.
]/I993 (a) all red lights and stop signs; and s. 10.
( b ) all other traffic signs which may be lawfully placed,
erected or exhibited on or near any road, or so as
to be visible from a road, in accordance with the
provisions of section 96.
(2) Any person who fails to comply with any such
traffic signs shall be guilty of an offence.
(3) For the purposes of this section a traffic sign
placed, erected OT exhibited on or near any road shall be
deemed to be of the prescribed size, colour and type or a
sign of another character authorized by the Road Authority
under section 96, and to have been lawfully so placed,
erected or exhibited, unless the contrary is proved.
-
Whe inclusion of this page i s authorized by L.N. 42119951
104
Power or
Road
Authority
as to
refuges.
Arrange-
ments for
pstrolliog
school
crossings.
1611956
s. 3.
Power of
scbool
crossing
patrols to
Siop traffic
16119% s. 3.
ROAD TRAFFIC
98. A Road Authority may for the purpose of making
the crossing of any road less dangerous to foot passengers,
erect, light, maintain, alter and remove places of refuge in
the road.
99.41) Arrangements may be made by the appropriate
authority for the patrolling of places where children cross
roads on their way to or from school, during period between
the hours of half-past seven in the morning and half-past
Eve in the afternoon when children are so on their way,
by persons appointed by or on behalf of the appropriate
authority.
(2) The functions of the appropriate authority for
the purpose of arrangements under subsection (1) shall
include the duty to satisfy himself of the adequate qualika-
tions of persons appointed to patrol, and to provide requisite
training of persons to be appointed.
(3) In taking decisions as to making arrangements
under subsection (1) the appropriate authority shall have
regard to any representations made by the Road Authority.
(4) Any person appointed to patrol in accordance
with arrangements under this section is in this Act referred
to as a school crossing patrol.
(5 ) In this section the expression “appropriate
authority” means a Superintendent or Assistant Superin-
tendent of Police posted to a parish or district and includes
any sub-officer of Police temporarily in charge of any parish
or district.
1 0 0 4 1 ) When between the hours of half-past seven in
the morning and half-past five in the afternoon a vehicle is
approaching a place in a road where children on their way
to or from school are crossing or seeking to cross the road,
ms incIusion of this page is authorized by L.N. 42/19951
ROAD TRAFFIC 1M
a school crossing patrol shall (subject to the provisions of
subsection (4) ) have power, by exhibiting a prescribed sign.
to require the person driving or propelling the vehicle to
stop it.
(2) When a person has been required in accordance
(a) he shall cause the vehicle to stop before reaching
the place where the children are crossing or seek-
ing to cross and so as not to stop or impede their
crossing; and
(b) the vehicIe shall not be put in motion again so as
to reach the place in question so long as the sign
continues to be exhibited.
(3) Any person who fails to comply with paragraph
(a) of subsection (21, or who causes a vehicle to be put
in motion in contravention of paragraph (b) of the said
subsection shall be guilty of an offence under thii Act.
(4) On and after a date to be fix4 by the Miniiter
by order the power conferred on a school crossing patrol
by subsection (1) shall be exercisable only if the patrol is
wearing the approved uniform.
with subsection (1) to stop a vehicle-
(5) For the purposes of this section-
(U) “approved uniform” means the uniform for the
time being approved by the Minister;
(b) “prescribed sign” means a sign of a size, colour
and type prescribed by regulations made under
this Act but, if the Minister authorizes the use of
signs of a description not so prescribed, includes
a sign of that description;
(c) where it is proved that a sign was exhibited by a
school crossing patrol, it shall be presumed to have
phe indusion of thi page is authorized by LN. 68/1!4778]
106 ROAD TRAFFlC
been of the size, colour and type prescribed, or
of a description authorized as aforesaid, unless the
contrary is proved; and
(d) where it is proved that a school crossing patrol
was wearing uniform, the uniform shall be pre-
sumed, unless the contrary is proved, to have been
the approved uniform.
Foot
paSnger cros3,ngs.
1 0 1 4 1 ) Crossings for foot passengers may be established
on roads in accordance with the provisions of this section.
(2) The Minister may make regulations with respect
to the precedence of vehicles and foot passengers respec-
tively, and generally with respect to the movement of t r a c
(including foot passengers), at and in the vicinity of a cross-
ing (including regulations prohibiting foot passengers traflic
on the carriage-way within one hundred yards of a crossin@,
and with respect to the indication of the limits of a crossing
by marks on the roadway or otherwise, and to the erection
of traffic signs in connection therewith.
(3) Different regulations may be made under this
section in relation to different tr&c conditions and, in
particular, but without prejudice to the generality of the
foregoing words, different regulations may be made in rela-
tion to crossings in the vicinity of, and at a distance from,
a junction of roads, and to traffic which is controlled by
the Police, and by traffic signals, and by different kinds
of traffic signals, and which is not controlled.
(4) (a) Within such period as the Minister may by
order determine, the Road Authority shall, after consulta-
tion with the Island Traffic Authority, submit to the Minister
(after giving public notice of intention so to do) either a
scheme containing proposals for the establishment of cross-
ings within areas specified by the Minister in the order,
161 1956
s. 3.
indusicm of this p g e is authorized by L.N. @/I9781
ROAD TRAFFlC 107
aforesaid, or if it appears to the Road Authority that the
establishment of crossing is unnecessary in any of the areas
specified as aforesaid, a statement of the reasons why the
Authority considers such crossings to be unnecessary.
(b) In any case where any statement as afore-
said has k e n submitted to the Minister, he may, if it appears
to him that such crossings should be established and after
giving the Authorily an opportunity of making representa-
tions, require the Authority to submit a scheme in relation
thereto.
(5) Every scheme submitted under subsection (4)
shall specify either the positions of the crossings, or the
lengths of the road, or the areas, in which they are to be
established and the number proposed for any length of road
or area, and the Minister may, if he thinks fit, approve the
scheme with or without modification.
(6) A scheme under this section may be varied from
time to time, or may be revoked by a subsequent scheme
submitted and approved as aforesaid, or by an order made
by the Minister after giving the Road Authority by whom
the scheme was submitted an opportunity of making repre-
sentations.
(7) It shall be the duty of the Road Authonly by
whom a scheme was submitted to execute any works (includ-
ing the placing, erection, maintenance, alteration and
removal of marks and traffic signs) required in connection
with the establishment of crossings in accordance with the
provisions of the scheme for the time being in force, or
with the indication thereof in aocordance with the regula-
tions having effect as respects the crossings, or required in
consequence of a variation or revocation of the scheme.
(8) If any person contravenes any of the provisions
of a regulation having effect as respects a crossing, he shall
be guilty of an offence under this Act and shall be liable OR ;!\:3
[The inclusion of this page is authorid by LN. 3/uxl l ]
I08 ROAD TRAFFIC
21 / 1999
s. 2.
Provision
of foot-
Patha.
Power (0
declare
rand% prin-
cipal roads.
Rdacioa to
drovera.
summary conviction before a Resident Magistrate to a fine
not exceeding four thousand dollars.
(9) In this section the expression “crossing” means
a crossing for foot passengers established in accordance with
the provisions for the time being in force of a scheme
submitted and approved under this section and indicated
in accordance with regulations having elfect as respects that
crossing, and for the purposes of a prosecution for a con-
travention of any of the provisions of a regulation having
effect as respects a crossing, the crossing shall be deemed
to be established and indicated as aforesaid unless the con-
trary is proved.
102. Tt is hereby declared to be the duty of a Road
Authority to provide, where that Authority deems it a m -
sary or desirable for the safety or accommodation of foot
passengers, proper and sufficient foot-paths by the side of
roads under the control of that Authority.
103.41) Regulations may declare which road is to be
considered a principal road and where two or more roads
intersect the driver of a vehicle of any description before
turning into, or crossing, a principal road shall bring the
*ehicle to a full stop and on turning into, or crossing, the
principal road shall not drive a vehicle so as to obstruct
any tree on the principal road and shall comply with
such directions as may be contained in such regulations.
(2) Any person who contravenes any of the provi-
sions of this section or fails to comply with any direction
contained in such regulation shall be guilty of an offence.
104.--(1) No person shall drive or be in charge of a drove
of animals along or on a road unless he is at least eighteen
years of age. and where the animals exceed fifteen in number
at least three such persons shall be in charge or in attendance
on such animals.
IThe inclusion of thin page is authorbed by L.N. 3/200!]
ROAD TRAFFlC
(2) Any person in charge of, or in attendance on,
a drove of animals on a road after dark shall cause to be
carried one light in front and one light at the rear of the
drove of such animals.
(3) A n y person who acts in contravention of the
provisions of this section or who causes or permits any other
person to act in contravention of the provisions of this
section shall be guilty of an offence.
109
105.-(1) Subject to the provisions of this section, and Powerof
notwithstanding any other Act or regulation made there- ~ " t h ~ r i t y
under, if a Road Authority is satisfied that trafsc on any road to probibi,
for the maintenance of which the Authority is responsible
should, by reason of works of repair or reconstruction being roads.
required or being in progress on the road, be restricted or
prohibited, the Authority may by order restrict or prohibit
the use of that road or of any part thereof by vehicles or
by vehicles of any particular class or description to such
extent and subject to such conditions or exceptions as it
may consider necessary.
Road
temporarily
(2) A Road Authority when considering the ques-
tion of the making of an order under this section shall have
regard to the existence of alternative routes suitable for
the traffic which will be affected by the order.
(3) Any person who uses or permits the use of a
vehicle in contravention of any restriction or prohibition
imposed under this section shall be liable in the case of a
first conviotion to a penalty not exceeding three thousand ?1/1999
dollars and in the case of a second or subsequent conviction
to a penalty not exoeeding five thousand dollars.
az
;!1""
106. The Minister may make regulations for any purpose Rcgulatiom
for which regulations may be made under this Part and
[The inclusion of this page is authorized by L.N. 312001]
110 ROAD TRAFFIC
27/1971 s. 5.
for prescribing anything which may be prescribed under
this Part. and in particular, but without prejudice to the
generality of the foregoing provisions, may make regula-
tions-
(a) prescribing the number, nature and use of
brakes, in the case of animal drawn vehicles when
used on roads and for empowering persons
authorized by or under the regulations to test and
inspect any such brakes, whether on a road or
elsewhere;
(6) prescribing the appliances to be fitted to bicycles
or tricycles, not being motor vehicles, for signatling
their approach when used on roads and for
securing that the riders of such vehicles shall
by means of such appliances as aforesaid give
audible and sufficient warning of their approacb
( E ) making provisions for the removal from roads,
and for the moving from one position on a road
to another position on that or another road, of
vehicles which have broken down or of vehicles
which have been left on a road-
(i) in contravention of any statutory prohibi-
tion or restriction; or
(ii) in such a position or in such condition or
in such circumstances as to cause obstruc-
tion to other persons using the road or as
to be likely to cause danger to such other
persons; or
(iii) in such a position or in such condition or
in such circumstances as to appear to have
been abandoned,
and for the safe custody of vehicles removed
and any loads which they contain at the time of
such removal; and
me inclusion of this page is autborized by L.N. 3/ZLy)I]
ROAD TRAFFIC 111
(9 prohibiting or restricting the use on any specified
road of vehicles of any specified class or description,
either generally or during particular hours.
PART VII. General
C 107.-(1) All regulations purporting to be made in pursuance Relating to
of any Part of this Act shall be published in the Gazette and shall ::::'?
come into operation on such publication or at such other time as AC~.
may be fixed by such regulations.
(2) All regulations made under any Part of this
Act shall have full effect notwithstanding anything in any
other Act or any regulations made thereunder.
(3) If any person contravenes any regulations or
orders made under any Part of this Act he shall, for each
offence, be liable on summary conviction to a penalty not
exceeding one hundred thousand dollars and in default of 201200s
payment thereof to imprisonment, with or without hard labour, S. 12.
for any period not exceeding three months.
(4) Regulations made under any Part of this Act
shall be of the same force and effect as if they were con-
tained in and formed part of this Act and shall be judicially
noticed.
(5) Regulations made under any Part of this Act
may, if the Minister deems it necessary, be of a local nature
and limited in their application to a particular area.
C1
108. Any person who contravenes any of the provisions z:;Ze'
of this Act, and any person guilty of an offence under this notother-
wise pro- Act, for which no special penalty is provided, shall be liable .
wded for.
in respect of each such contravention or offence to a
lThe incluslon of this page is authorized by L.N. 180A120061
112
2111999
S. 2.
2111999
S. 2.
Trial of
offences.
Liability of
driver or
owner not
affected.
ROAD TRAFFIC
penalty not exceeding five thousand dollars and in default of
payment thereof to imprisonment, with or without hard labour,
for any period not exceeding two months or in the case of a
second or subsequent conviction to a penalty not exceeding ten
thousand dollars and in default of payment thereof, to
imprisonment with or without hard labour, for a period not
exceeding three months or in the discretion of the court to
imprisonment, with or without hard labour, for a period not
exceeding three months.
109. Every offence under, and every contravention of, this
Act shall, except where otherwise expressly provided be tried
summarily and the offence or contravention shall be deemed to
have been committed either at the place at which the same was
actually committed or in the parish in which the offender
resides.
110. Nothing in this Act shall affect any liability of the driver
or owner of a vehicle under any enactment or at common law
save as by this Act may be expressly excepted.
Applicationto 111. It is hereby declared that this Act applies to persons
persons in
Public in the Public Service of the Crown.
Service.
Prerogative. 112. Nothing in this Act shall prejudice or affect the
prerogative of the Crown to grant to any person or com-
pany an exclusive franchise to operate a public passenger
service, by means of stage carriages, within any traffic area
or part thereof.
Saving. 113. The provisions of this Act shall have effect notwith-
standing anything to the contrary contained in any other
Act.
[The lncludon of this page is authorlvd by L.N. 180AIZ006]
ROAD TRAFFIC 113
114. The provisions of sections 10, 12, 14, 36, 49 and SO '%=in wsions of pro-
shall not apply to, or have any force or effect in respect Part n not
of, any motor vehicle belonging to the Jamaica Defence vehicles of 10 apply to
Jamaica Force. Defena
Fora.
S l l P M
s. 3.
115. The provisions of this Act and of any regulation,
(a, restrict the speed at which, or the direction in which
any vehicle shall proceed along any street or road,
or
(b) require any vehicle to slow down or stop at the
intersection of any two or more streets or roads; or
(c) prohibit or restrict the parking of any vehicle on
(d) prohibit or restrict the sounding of any horn or
shall not apply to any motor vehicle whilst such vehicle is
being used in consequence of an alarm of fire, or for the
purpose of proceeding to a fire, by any constable or any
officer, sub-officer or fireman of the Fire Brigade constituted
under the Fire Brigade Act.
certain
restrictions.
by-law, rule or order which-
any street or road; or
other warning device within any area,
PART WII. Special Powers of Enforcement and 27ll97l
S. 6. A dminislration
Trafic Tickets
116.-(1) This section shall apply to any offence created Pukshmal
by or under an enactment and punishable on summary con- prosenrtion
(a) being an offence committed in respect of a vehicle- kakts .
"I'fim
wthout
of offenccs viction- in connec-
tion with
reflectors (i) by its being left or parked on a road without oba,mm&,
the lights or reflectors required by law;
S. 7 (ah
F e inclusim of this w e is authorized by L.N. 1211WSI
It4 ROAD TRAFFIC
(ii) by its obstructing a road or waiting, 01
being left or parked or being loaded or
unloaded, in a road; or
(iii) by the non-payment of the charge made at
a parking place on a road; and
APpcndix. (b) being an offence specified in the Appendix :
Provided that this section shall not extend to circum-
stances where, pursuant to section 22, a person is required
by a constable to produce his driver’s licence but is unable
to do so.
(2) Where a constable 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 him 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 twenty-one days following the date of the notice
or such longer period (if any) as may be specified therein
or before the date on which p r o d i g s are begun, which-
ever event last occurs.
(3) Where a person I s given a notice under this
section in respect of an offence proceedings shall not be
taken against any person for that offence by any constable
or local authority, as the case may require, until the end of
the twenty-one days foIlowing the date of the 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 sub-
section (21, and “convicted” shall be construed in like
manner.
111993 ’ ’
fThe inclusion of this page is authorid by L.N. 42/1995]
ROAD TRAFFK 115
(5 ) Payment of a fixed penalty under this section s. 1 / 1 W 7 (C).
shall be made-
(U) in respect of any offence specified in paragraph (0)
of subsection (l), to the local authority specified
pursuant to subsection (6), and such local authority
may retain the amount paid as part of its funds;
to any Collector of Taxes in the manner prescribed
by regulations made under subsection (11).
and in any proceedings a certificate that payment of the
fixed penalty was or was not made to the local authority or
to the Collector of Taxes, as the case may be, by a date
specified in the certificate shall, if the certificate purports to
be signed by the secretary of the local authority or the Col-
lector of Taxes, be sufficient evidence of the facts stated
unless the contrary is proved.
(6) in respect of any offence specified in the Appendix, A-
(6) A notice under subsection (2) shall- 2%
(U) specify the offence alleged. and give such particu-
lars of the offence as are necessary for giving
reasonable information of the allegation;
(b ) state the period during which, by virtue of sub-
section (3), proceedings will not be taken for the
offence;
( E ) state the amount of the fixed penalty and that such
fixed penalty shall be paid to-
(i) the relevant local authority; or
(ii) any tax office,
as the case may require, and, in the case of payment
to a local authority. the address at which the
fixed penalty may be paid;
(d) require the person. in the event that the fixed
penalty is not paid within the period specified in
the notice pursuant to subsection (3), to attend
before the Traffic Court or. as the case may be,
[The inclusion of this page is authorized by L.N. 3/2001]
116 ROAD TRAFFiC
the Resident Magistrate’s Court in the parish in
which the offence is alleged to have been corn-
mitted, to answer the charge on such date as may
be specified. being a date not earlier than ten days
after the expiration of the period specified pursuant
to subwction (31
(7) Where a constable finds a vehicle on an occasion
and has reason to believe that on that 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
a notice affixed to the vehicle shall be deemed to be given
to the person liable for that offence
(8 ) A notice affixed to a vehicle under subsection
(7) shall not be removed or interfered witb 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 shall be guilty
of an offence.
1/im
S. 7 Iek
s 2111999 2.
hpwodb.
(9) The fixed penalty for an offence-
(a) to which paragraph (a) of subsection (1) applies,
shall be five hundred dollars;
(b) specified in the Appendix, shall be the amount so
specified in relation to each such offence:
Provided that the Minister may, by order, amend the
Appendix to provide for the fixed penalty to be in any case
more or lew than the amounts specified therein (but not more
than one-half of the maximum amount of the fine to which
a person not previously convicted of the offence is liable on
mmrnary conviction)
(10) In any proceedings for an offence to which
subsection (1) applies no reference shall be made aftw the
conviction of the accused to the giving or affixing of any
notice under this section or to the payment or non-payment
IThe inclusion of this page is autborizcd by L N. 3/20011
ROAD TRAFFIC 117
of a fixed penalty thereunder 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 a notice or, as the case may be, to such a payment or
non-payment.
(11) The Minister may by regulations make pro-
vision as to any matter incidental to the operation of this
section.
Traffic Wardens
appoint persons to discharge in aid of the Police functions
normally undertaken by the Police in connection with the
control and regulation of road trafjic or with the enforce-
ment of the law relating to road traffic.
(2) Persons employed under subsection (1) shall be
known as “traffic wardens”, and a local authority employing
traflic wardens for the purposes of that subsection may also
(subject to subsection (3) ) employ them to act, under the
direction of the Commissioner of Police, for other purposes
connected with the control and regulation of road traffic
or road vehicles; and in particular the local authority may
employ the traffic wardens to act as parking attendants at
parking places on roads provided or controlled by the local
authority.
(3) Traffic wardens shall not be employed to dis-
change functions other than those prescribed as appropriate
for the purpose by order of the Minister.
(4) In so fsr as an order under subsection (3)
authorizes the employment of tra5c wardens for the pur-
p m of section 116 references in that section to a constable
shall include a traffic warden.
11741) Subject to subsection (3), a local authority may T&C
m c m .
p&ioclusian of ihhipgeis auihorizcd by L.N. 42/1995]
118 ROAD TRAFFIC
(5) A local authority shall not employ as traffic
warden any prson who is a constable, but shall take steps
to ensure that only persons adequately qualified are
appointed traffic wardens: and that trafic wardens are
suitably trained by the Police before undertaking their
duties.
(6) Traffic wardens shall wear such uniform as the
local authority inay deternine, and shall not act as traffic
wardens wheii not in uniform.
Special Enforcement Provisions
Duty to 118.-(1) Without prejudice to the generality of para-
information give graph (i) of section 46 (.1), where the driver of a vehicle is
asroiden- alleged to be guilty of an offence under this Act or any
tity of
driver, =a., rule, order or regulation made thereunder-
cases. in certain In) the owner or' the vehicle shall give such information
as to the identity of the dxiver-
li) as the Commissioner of Police or any person
acting on his behalf may require; or
Cii) in the case of an offence against section 55,
as the local authority having power to in-
stitute proceedings for such offence, or any
person acting on their behalf, may in writing
require; and
(b) any other person shall, if required as aforesaid,
give such information which may lead to the
identification of the driver as he may be able to
give.
(2) A person who fails to comply with the require-
ments of paragraph (a) of subsection (1) shall be guilty of
an offence unless he shows to the satisfaction of the court
that he did not know and could not with reasonable diligence
have ascertained who the driver of the vehicle was, and a
person who fails to comply with the requirement of para-
graph (b) of that subsection shall be guilty of an offence.
(The inclusion of this @age i s authorized by L.N. 42119951
ROAD TRAFFIC 119
119.-(1) Subject to subsections (2) and (3) in any pro- Zydmcc
ceedhgs for an offence under this Act or any rule, order ar certificate
regulation made thereunder a certificate in the prescribed
form, purporting to be signed by a constable and certifying
that a person specified in the certificate stated to the con-
s t a b b -
(n) that a particular motor vehicle was being driven
by. or belonged to, that person on a particular
occasion; or
(b) that a particular motor vehicle on a particular
occasion was used by, or belonged to, a firm in
which that person dso stated that he was at the
time of the statement a partner; or
(c) that a particular motor vehicle on a particular
occasion was used by, or belonged to, a corpora-
tion of which that person also stated that he was
at the time of the statement a director, officer or
employee,
shall be admissible as evidence for the purpose of deter-
mining by whom the vehicle was being dri-ien or used, or
to whom it belonged. as the case may be, on that occasion.
(2) Nothing in subsection ( 1 ) shall be deemed to
make a certificate admissible as evidence in proceedings
for an offence except in a case where and to the like
extent to which oral evidence to the like effect would
have been admissible in those proceedings.
13) Nothing in subsection (1) shall be deemed to
make a certificate admissible as evidence in proceedings
for an offence-
(a) unless a copy thereof has, not less than seven
days before the bearing or trial. been served in
the prescrikd manner on the person charged with
the offence; or
me incIu3ion of this p ~ g z IS m t b o n d by L.N 42: 19951
120 ROAD TRAFFIC
(b) if that person, not later than three days before
the hearing or trial or within such further time 88
the court may in special circumstances allow,
a notice in the prescribed form and manner on the
prosecutor requiring attendance at the trial of the
person who signed the certificate.
Proof. in 120. Where on the summary trial of an information for zzeyngs, an offence under this Act or any rule, order or regulation
Of identity made thereunder-
of vehicle. (U) it is proved to the satisfaction of the court that a
requirement under subsection (1) of section 118
to give information as to the identity of the driver
of a particular vehicle on the particular occasion
to which the information relates has k e n served
on the accused by post; and
(b) a statement in writing is produced to the court
purporting to be signed by the accused that the
accused was the driver of that vehicle on that
occasion,
the court may accept that statement as evidence that the
accused was the driver of that vehicle on that occasion.
of driver
Charges
&toring
121.-(1) Where a vehicle is removed from a parking
place or from a road in pursuance of any provision made
by or pursuant to this Act, there shall be payable to the
appropriate authority by the prescribed person-
for rcrnov-
~IIK and
vehicles.
(a) in respect of the removal, the fixed charge; and
(b) in respect of any period during which the vehicle
is in the custody of that authority, a charge ascer-
tained by reference to the prescribed scale.
(2) The fixed charge in respect of the removal of a
vehicle shall be six dollars or such other sum (whether
greater or smaller) as may be prescribed.
m e inclusion of this 'page is aulhor id by L.N. 42119951
ROAD TRAFFIC 121
(3) A charge under this section may (without pre-
judioe to any other form of recovery) be recovered as a
simple contract debt in any court of competent jurisdiction.
(4) In this section “appropriate authority” in rela-
tion to a vehicle removed from a parking place provided
or controlled by a local authority, means that authority.
122.--(1) Subject to subsection (2), where by virtue of I ) ~ s ~ ~ ~ ~ I ~ ~
any provision made by or pursuant to tbis Act a vehicle abandoned
has been, or could at any time be, removed from a road rn . parking
the appropriate authority may, if it appears to them that t.la=*
the vehicle has been abandoned, sell or otherwise dispose of
it and-
(@ apply the proceeds of a sale of the vehicle in or
towards satisfaction of any costs incurred by them
in connection with the disposal thereof or any
charge to payment of which they are entitled as
regards the vehicle under section 121;
(b) recoup any such costs as aforesaid so far as not
satisfied by virtue of paragraph (0);
(c) dispose of in such manner as the Minister may by
order prescribe any sums received by the appro-
priate authority on a sale of the vehicle, after
deducting any sum applied thereout by virtue of
paragraph (b).
(2) A power of disposal conferred by subsection (1)
shall not be exercisable in the case of a vehicle unless there
have been taken by the appropriate authority such steps
a d there has elapsed such period (not being less than six
weeks) beginning with the taking of the first of them as
may be prescribed by the Minister, by order, being steps
and a period whose respective taking and lapse Wjll, in the
opinion of the Minister, together suffice for securing
adequate opportunity for enabling the vehicle to be claimed.
vehicles
on road% er
-
p%o inclusion of this page is authorized by L N. 42/ 19951
I22 ROAD TRAFFIC
(3) Different provisions may be made under sub-
section (2) with respect to vehicles of different classes or
descriptions or with respect to vehicles of the same class
or description in different circumstances.
(4) In this section “appropriate authority” in rela-
tion to a yehicle that has been removed, means the authority
who, in relaticn to it, are (within the meaning of section
121) the appropriate authority and, in relation to a vehicle
that could at any time be removed, the authority who, if
it were then removed, would in relation to it be (within the
meaning of that section) the appropriate authority.
123. The Minister may make regulations for any purpose
for which regulations may be made under this Part and for
prescribing any orher matter or anything which may be, or
is required to be, prescribed under this Part.
Rlpulrtmnr.
-
IThe inclusion of this pagelsauthorired by L.N. .)?it9951
ROAD TRAFFIC 123
FIRST SCHEDULE (Sections 12,59,68 111m3
and 78)
. . Licence Duties
I . Licence duties on all motor vehicles
calculated on unladen weight or on
cylinder capacity of engines:
d'
(a) Motor cars not deriving motive
power from an internal combus-
tion engine worked by cylinder
. . . . . . . . . or cylinders each $4,125.00
(b) Motor cars--
Where the cylinder capacity of the
engine4oes not exceed 1,199
cubic centimetres . . . . . . each $4,125.00
exceeds 1,199 cubic centimetres
but does not exceed 2,999 cubic
centimetres ... ... ... each $6,000.00
exceeds 2,999 cubic centimetres
but does not exceed 3,999 cubic
centimetres ... ... ... each $12,000.00
exceeds 3,999 cubic centimetres each $20,250.00
L N .
28tSW8.
L.N.
1mm.
L.N.
146i2088.
(c) Hackney carriages and contract
carriages which are motor cars each $4,125.00
(d) Motor cycles-
Where the cylinder capacity of the
engine-does not exceed 125 cubic
centimetres ... ... ... each $1,050.00 L.N.
exceeds 125 cubic centimetres but 84M2QM.
does not exceed 500 cubic
centimetres ... ... ... each $2,108.00 L,N.
exceeds 580 cubic centimetres each $3,750.00 1 m . ... L.N.
L.N.
1MW.
L N .
1wm.
L.N.
1WC008.
(e) Motor trucks and tractors of
unladen weight-
not exceedGg 3048.1 38 kgs (60
cwt) . . . . . . ... ... each $6,000.00 L.N.
exceeding 3048.138 kgs (60 cwt) l4m008.
but not exceeding 6189.09 kgs
(120 cyt) . . . . . . ... ... each $12,000.00 L N . 1mm.
exceeding 6109.W kgs (120 cwt) each $12,000.00 plus . LN.
$100.00 per 50.91 14MO.
!The incldon of tab pap in amcbsrid by LN. lZMOlll
ROAD TRAFFIC ~ - .
FIRST SCHEDULE, confd
Licence Duties, confd.
V) Motor trucks and tractors which do
not use gasoline as fuel, of unladen
weight-
not exceeding 3048.138 kgs (60 cvin) each
exceeding 3048.138 kgs (60 cwt)
but not exceeding 6 11 09.09 kgs
... ... (120 m) ... ... each
exceeding 6109.09 kgs (120 cwt) each
@) Trailers-
For each hund~welght of p s s
... weight ... ... ... each
2. Roadl licences in respect of-
(a) each Stage Chiage ... ...
(b) each E x p m Carriage ... ...
each Chntract Carriage ... ...
each H . 5 4 Carriage ... ...
(4 Provided that where in pursuance of
the p n t of r road licence the Licen-
sing Authority is satisfied that a motor
vehicle, k ing r truck without penna-
went top, is wxl mgularly to take pet-
sons and their goods to market, the
Licensing Authority shall cause to be
sefundd 9a mmitted to the person
paying any of the amounts specified
under paagrqh I of this Schedule in
resped of licence duties, one-half of
such amount.
3. c a m i ~ * l k e ~
(a] Public Carrim, each vehicle ... ... (b) Private Carriers, each vehicle
kgs pver 6 1 09.09 kgs
or $12,000.00 plus L.N.
$I0?.00 per cwt in lmMm".
excess of 120 cwt.
~6,dOO.00 L.N.
146t2008.
$12!000.00 LN. 146t200S.
$12\000.00 PIUS IAN. -. -.
$1 $.w per 50.9 1 I 4 t i ~ m .
kgs lover 6 109.09 kgs LN.
or s I 2*~00.00 PIUS rFm8.
S I q.00 per cwt in 146/2008,
excess of 120 cwt.
L.N.
SI I 5.00 per cwt 1 4 t i ~ 0 0 ~ .
(50.9 1 kg).
ROAD TRAFFIC
SECOND SCHEDULE (Sections 5 9 ~ and 5%)
The Demerit Points System
Column 1
Relevant
Section
Column 2
Description
of offence
Column 3
Demerit Points
Section Driving without registration plates
... . . . . . . ... 0 14 (3) affixed 4 Section Driving while disqualified ... ... 14
24 (4)
Section 26 Exceeding the prescribed speed limit-
(i)bylOto20mph ... ... 2
(ii) by 2 l to 30 mph ... ... 4
(iii) by 3 1 mph or more ... ... 6
Section 27 Dangerous or reckless driving ... 14
Section 30 Causing death by dangerous or
reckless driving ... ... ... 14
... Section 32 Cmless driving ... ... 4
. Section 33 Racing or speed trials on a road ... 6
Section 34 Driving motor vehicle under the
influence of drink or dnrp ... 14
Section 34A Driving under the influence of alcohol 14
Section 34B Failure to supply specimen of breath
... when so requited by a constable 14
Section 34C Failure to submit to breath analysis or
wilful alteration of alcohol con-
centration in breath or blood ...
Section 35 Cenying more persons on motor cycle
than the number prescribed ...
Section 36 Drawing more trailen than the
number prescribed ... ...
Section Failure to stop when so requited by a
... ... 37 (3) constable ...
Section 39 (a) Not stopping after an accident
where damage or injury caused
(6) Failure to report an accident ... 6
Section 40 No headlanaps on vehicle between the
horn of 6 p.m. and 6 am. ... 6
Only one headlamp on vehicle bet-
ween the how of 6 p.m. and 6 am. 2
No registration plate light on vehicle 2
No tail-lamp on vehicle ... ... 4
LN.
SY0999.
LN.
SYIW.
ROAD TRAFFIC
Colaarasll
Relevant
Section -
Section
, 41 (3)
Seaion 42
Section
43 (2)
Section 43A
W o n 43C
Section 44
Section
46 (1) (g)
Section
51(0
Section
56 (1)
Seaion
56 (2)
SmNQ SCHEDULE, contd !
Column 2 -
Description
of Omnce -
No device for deflecting beam of head-
... . . . . . . ...
... Pla reflectors on vehicle ...
Sounding a horn so as to make an
measonable noise ... ...
No seat belt on a s a t of motor vehicle
... in contravention of Act ...
Driving without wearing seat belt
where motor vehicle fitted with seat
... Belt ... ... ...
Not causing child to wear or be
conveyed in child restraint system or ... seat Belt in moving motor vehicle
Not wearing protective helmet ...
I Column 3
Demerit Points
Failure to observe silence zones ...
Driving defective vehicle ... ...
i
Driving motor vehicle in violation of
the mles of the road by-
(a) overtaking on the nearside of ,
... ... other traffic ...
(b) hiling to allow passage to other
overtaking vehicles ... ...
(c) overtaking in a manner causing
obstruction to oncoming vehicles
. (8) crossing so as to obstruct traffic..
3
2
6
3
(e) driving on to one road h m ,
another a n causing traffic 1
... ... obstmction ... 3
@ driving on to a road from a place ,
not being a road causing 1
obstruction to traffic ... ...
(g) overtaking without a clear view
(h) travelling backwards further than
necessary ... ... ...
Failure to obey commands of
... constable to stop or otherwise
3
6
2
2
Mving or attempting to drive a motor ,
vehicle across a &era1 processicin ... 2
ROAD TRAFFIC
SECOND SCHEDULE, contd.
Column 1
Relevant
Section
Column 2 Column 3
Description Demerit Points
of Office
Section 97 Failure to obey red light or stop sign 6
Failure to comply with any other trafiic
... sign ... ... ... 2
Section 100 (3) Failure to comply with a school cross-
... ing patrol ... ... 6
Section 101 (8) Failure to observe provisions concern-
ing pedestrian crossing ... ... 4
Section
THIRD SCHEDULE (Section 46 (2)(c)) 20/2005
S. 13.
Oflences in respect o f exceeding maximum laden weight for
vehicles or trailers or parts thereof
46 (2)(c) Exceeding the maximum laden
weight for vehicles and trailers
by:
1-500 kilograms (kg.)
50 1-750kg.
75 1 - 1,000 kg.
$5,000
$10.00 for
each kg.
$10.00 for
each kg.
$10.00 for
each kg. . . ~
$10.00 for
each kg.
$10.00 for
each kg.
$10.00 for
each kg.
[The lncluslon of thls page Is authorized by L.N. 180A/2006]
111993
S. 9.
L.N.
71/2001
2005
S.14.
ROAD TRAFFIC
THIRD SCHEDULE. contd.
Offrnces in respect of exceeding maximum laden weight for
vehicles or trailers or parts thereof
Section 46 (2)(c) Exceeding the maximum laden
weight for vehicles and trailers
by:
2,00 1-2,250kg.
5,OO 1 kg. and over
$10.00 for
each kg.
$10.00 for
each kg.
$10.00 for
each kg.
$10.00 for
each kg.
$10.00 for
each kg.
$18.00 for
each kg.
$24.00 for
each kg.
APPENDIX (Section 116)
Offences in respect of which a$xedpenalty may be paid
to a Collector of Tmes
Nature of Offence Penalty -
1. The following offences against the Road Traffic Act, that
is to say-
Section 10 No valid Certificate of Fitness . . . . . . $800.00
Section 14 Unlicensed motor vehicle ... . . . $1,500.00
Obscured licence disc . . . ... ... $ 250.00
Obscured registration plates . . . . . . $1,000.00
[The locluaion of thls page la authorized by L.N. 180A120061
ROAD TRAFFIC
APPENDIX, contd.
Sedion 14,
contd.
r
i Section 16 (6)
Section 26
Section 35
Section 36
Section 37 (3)
Section 40 (5)
Section 4 1 (3)
Section 42
Section 43 (1)
Section 43 (2)
Section 43 (3)
Section 43 (4)
8ection 44
Nature of Offence
Registration plates not affixed . . . , . .
Licence disc not affixed ... . . .
Operating motor vehicle contrary to terms
of licence . . . . . . ... . . .
Holder of a provisional licence failing
to comply with the conditions of such
licence . . . . . . . . . ...
Exceeding the speed limit by-
(a) 10 mph to 20 mph ... ...
(b) 21 mph to 30 mph . . . ...
(c) 3 1 mph or more . . . ... . . .
Carrying more than prescribed number of
persons on motor cycle . . . . . .
Drawing more than prescribed number of
trailers ... . . . . . . . . .
Failure to stop when so required by a
constable . . . . . . . . . ...
No head-lamp on vehicle . . . . . .
No registration plate light on vehicle . . .
No tail-lamp on vehicle . . . . . .
Failure to fit or maintain head4amp so as to
eliminate glare . . . . . . . . .
No device for deflecting beam of head-
lamp . . . . . . . . . ...
No reflectors on vehicle . . . ...
No horn or other warning device . . .
Sounding horn so as to make unreasonable
no1 se... . . . ... . . . . . .
Permitting escape of unreasonable amount
of smoke from vehicle . . . ...
Unlawful use of siren or similar device . . .
No muffler ... . . . . . . ...
Failure to observe silence zones . . . . . .
Penalty -
[The lncluslon of thls page Is authorlzcd by L.N. 180A12006j
ROAD TRAFFIC
APPENDIX, contd.
Nature of Offence
Section 46 Using, driving or permitting to be used or
(1) (g) driven a motor vehicle in defective
... condition ... ... ...
Section 46 Exceeding the maximum laden weight for
(2) ( 4 vehicles and trailers or parts thereof by:
1-500 kilograms (kg.)
501-75Okg.
75 1-1,OOOkg.
1,001 -1,250kg.
l,25 1 -1,500kg.
1,501-1,750kg.
l,75 1-2,000kg.
2,00 1 -2,ZOkg.
2,25 1-2,500kg.
2,501-3,OOOkg.
5,001kg. and over
Section 51 (1) Driving motor vehicle in violation of the
rules of the road by-
(a) failing-
(i) to keep to the nearside of
road when meeting or being
overtaken by other traffic ...
...
(ii) to keep to the right or offside
of other traiiic when
overtaking ... ... ...
(b) failing to allow passage to other
overtaking vehicles ... . .
Penalty -
$2,000.00
$2,200
$2,500
$3,400
$4,300
$6,100
$7,300
$8,500
$9,700
$11,500
$4.80 for
each kg.
$7.20 for
each kg.
$9.60 for
each kg.
$18.00 for
each kg.
$24.00 for
each kg.
$800.00
$800.00
SS00.00
[The lncluslon of thls page Is authorized by L.N. 180A12006]
ROAD TRAFFIC 129
0
Section 56 (1)
Section 57
Section 58
Section 60 (2)
Section 61 (1)
Section 78
Section 97
Section 100
APPENDIX, contd
Nature of Offence
(c ) overtaking in a manner causing
obstruction to oncoming traffic
(4 crossing so as to obstruct traffic
(e) driving on to one road fim
another and causing traffic
obstruction . . . . . . . . . ...
v) driving on to a road fim a place
not k ing a road causing
obstructiontotraffic . . . . . .
(g) driving so as to overtake otha
traffic without the driver having
a clear and unobstructed view of
the road ahead ... ...
(h) travelling backwards further
than necessary for Nmmg or
otha reasonable purpose ...
Failure to obey commands of constable
to stop or otherwise . . . . . . . . .
Failure to use appropriate hand signal
Failuretoobey Policesignals . . . . . .
Plying contract &age for hire on
anymadorpublicplace . . . . . .
Operating motor vehicle as public
passenger vehicle without a road
licence . . . . . . . . . . . . . . .
Use of commercial motw w for hue
or reward or for eade plnposes
without a carrier's l imce .........
Failure to obey red light or stop sign
Failure to comply with any other traffic
s i p . . . . . . . . . . . . . . .
Failureto stop at school crossing ...
0 Section 101 (8) Failure to stop at pedestrian crossing
Section 105 Failure to observe restrictions or
prohibition in relation to use of
road . . . . . . . . . . . . ...
2. Any offence against the Road Traffic Regulations,
1938 . . . . . . . . . . . . . . . . . . . . . . . . ...
Penalty
$2,000.00
-
$800.00
$800.00
$800.00
$2,000.00
$800.00
$800.00
$400.00
$800.00
$800.00
$ 1,000.00
$1.000.00
$ I.500.00
$l,O00.00
$1,000.00
a 1,000.00
m.00
$800.00
ROAD TRAFFIC i
For convenience of reference, this Conversion Tatle is attached to the Act, but does not
form part of the Act
Conversion Table showing the Numbering of sections of the Road Traffic Law,
Cap. 346 and Subsequent Laws/Acts affecting that Law up to and including The Road
Traffic (Amendment) Act, 1976 (Act 34 of 1976) as against The Revised Act.
Cap. 346
Section
1
2
-
3
3A
4
5
5A
5B
6
7
8
9
9A
10
11
12
13
14
14A
1s
16
17
18
19
20
21
22
23
24
25
Subsection
How Dealt with in Revised Act
Section
1
2
3
4
5
6
7
8
9
10
I1
12
13
14
15
16
17
18
Repealed
19
20
21
22
23
24
25
26
27
28
29
Subsection
(1)
(2)
(3)
Omitted
(1) to (3)
(1) to (6) (7) Omitted
ii ROAD TRAFFIC
ca
Section
31
32
33
34
35
35A
36
37
38
39
40
41
42
43
44
45
46
47
41A
48
49
M
51
52
53
54
55
346
Subsection
How Dealt with in Revised Act
S d O n
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
Subsection
... ROAD TRAFFIC In
Section
55A
55B
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
81A
82
83
83A
84
85
86
87
87A
How Dealt with in Revised Act
1
cap. 346 I
Section
64
65
66
67
68
69
70
71
72
73
74
75
76
Repealed
77
78
19
80
81
82
83
84
86
87
88
89
90
91
92
93
94
95
96
97
98
99
a5
Subsection
(1) to (2) (3) omitted
iv ROAD TRAFFK
Cap. 346
., -
Section
87B
87C
88
89
90
91
92
93
94
95
96
97
9s
99
99A
100
101
102
103
104
105
106
107
108
Schedule
Subsection
How Dealt with in Revised Act
Section
100
101
102
103
104
110
111
112
113
114
115
116
117
118
119
120
121
122
123
Schedule
Subsection
