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35
Third Session Ninth Parliament Republic of Trinidad and Tobago HOUSE OF REPRESENTATIVES BILL AN ACT to amend various Acts, namely the Queen’s Park Act, Chap. 41:04, the Highways Act, Chap. 48:01, the Motor Vehicles and Road Traffic Act, Chap. 48:50, the Motor Vehicles and Road Traffic (Enforcement and Administration) Act, Chap. 48:52 and the Maxi-Taxi Act, Chap. 48:53 to increase the pecuniary penalties for motor vehicle offences; to provide for the issue of tickets for certain motor vehicle offences; to regularize and increase the period for the renewal of driving permits and to provide for related matters. Legal Supplement Part C to the “Trinidad and Tobago Gazette’’, Vol. , No. 9 of 2010 PRINTED BY THE GOVERNMENT PRINTER, PORT-OF-SPAIN REPUBLIC OF TRINIDAD AND TOBAGO—2010

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Third Session Ninth Parliament Republic ofTrinidad and Tobago

HOUSE OF REPRESENTATIVES

BILL

AN ACT to amend various Acts, namely the Queen’s Park Act,Chap. 41:04, the Highways Act, Chap. 48:01, the MotorVehicles and Road Traffic Act, Chap. 48:50, the MotorVehicles and Road Traffic (Enforcement andAdministration) Act, Chap. 48:52 and the Maxi-Taxi Act,Chap. 48:53 to increase the pecuniary penalties for motorvehicle offences; to provide for the issue of tickets forcertain motor vehicle offences; to regularize and increasethe period for the renewal of driving permits and toprovide for related matters.

Legal Supplement Part C to the “Trinidad and Tobago Gazette’’, Vol. ,

No. 9 of 2010

PRINTED BY THE GOVERNMENT PRINTER, PORT-OF-SPAINREPUBLIC OF TRINIDAD AND TOBAGO—2010

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THE MOTOR VEHICLES AND ROAD TRAFFIC(MISCELLANEOUS PROVISIONS) BILL, 2010

Explanatory Note

(These notes form no part of the Bill but are intended onlyto indicate its general purport)

This Bill seeks to amend the Queen’s Park Act, the HighwaysAct, the Motor Vehicles and Road Traffic Act, the Motor Vehiclesand Road Traffic (Enforcement and Administration) Act and theMaxi-Taxi Act to increase the penalties for motor vehicle offences,to provide for the issue of tickets for certain motor vehicle offencesand to regularize and increase the period for the renewal of driverspermits.

Clause 1 of the Bill would provide for the short title of the Bill.Clause 2 of the Bill would amend the Queen’s Park Act,

Chap. 41:04 to increase the penalty for contravening regulationsgoverning the use of the Queen’s Park Savannah.

Clause 3 of the Bill would amend the Highways Act,Chap. 48:01 to increase the penalty for contravening Regulationsmade under the Highways Act.

Clause 4(1) of the Bill would amend the Motor Vehicles andRoad Traffic Act, Chap. 48:50—

(a) in section 2, by inserting a definition of “private schoolbus” and amending the definition of “motor omnibus”;

(b) in section 16, by inserting subsection (2A) to empowerthe Minister to prescribe the identification mark of avehicle of the State;

(c) in section 19A, by inserting subsection (3) which wouldempower the Minister responsible for finance toamend, suspend or revoke provisions of the FifthSchedule which contains particulars of motor vehicletransfer tax;

(d) in section 21(1) by including the need for authorizationfrom the Licensing Authority to alter a vehicle whichmay conflict with the purpose for which it wasregistered and to increase the penalty for anyunauthorized alterations and use from four hundreddollars to eight thousand dollars;

(e) in section 23, by inserting subsection (1B) which wouldprovide a penalty for contravening subsection (1)(d)which provides for glass being tinted, treated ordarkened so as to obscure the view;

(f) by inserting a new section 41A to empower theLicensing Authority to issue a special permit to theowner of a private school bus;

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(g) in section 43(2) by increasing the penalty for failing towear a reliable safety helmet to two thousand dollars;

(h) in section 43A(1), by inserting another category ofvehicle, i.e., rented cars, to the list of vehicles for whichseatbelts are required to be fitted before registration;

(i) in section 43B(2), by increasing the fines to fourthousand and eight thousand dollars respectively, fornot having the motor vehicle fitted with properseatbelts;

(j) in section 43(C), by making the driver liable for drivingwith a person in the front seat who is not wearing aseatbelt, increasing the fine for the failure of a driveror passenger in the front seat for not wearing a seat-belt, to two thousand dollars and providing anexemption to the requirement;

(k) in section 43D, by repealing subsection (1) andsubstituting a new subsection to ensure the safety of achild five years and under in a motor vehicle by usinga child restraint or booster seat, increasing the fine forcontravening the section, authorizing the Minister toprescribe the type of restraint and booster seat to beused and providing exemptions to the requirements;

(l) in section 58, by repealing subsection (1), andsubstituting a new subsection detailing circumstancesrelating to the expiration of a driver’s permit;

(m) in section 61(A) by repealing section 61(A) and substi-tuting a new section which would provide for the feesto be paid for reissuing a new permit, for a permitwhich has expired;

(n) in section 62(5) by increasing the fine to four thousanddollars for violating the speed limit;

(o) in section 65(2), by increasing the penalty to threethousand dollars for violating regulations for theparking of vehicles on any road and driving on aspecified road in a specified direction;

(p) in section 66, by increasing the fine for drivers failingto comply with traffic directions;

(q) in section 68(7), by increasing the fine for using orpermitting the use of a vehicle in contravention ofa restriction or prohibition imposed by theCommissioner of Police under subsection (1);

(r) in section 69(1) and (3), by providing for theprohibitions of parking anytime on Knox Street,between St. Vincent Street and Abercromby Street andon Abercromby Street, between Hart Street and KnoxStreet, and for increasing the fine for violating thisprohibition;

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(s) in section 70B, by repealing subsection (3) and substi-tuting a new subsection (3) to authorize a constable torequire a driver of a vehicle which has been involved inan accident on a road, to provide a specimen of breathfor a breath test at or near the place where the accidentoccurred or at a police station;

(t) in section 70G, to empower transport officers to requiredrivers to submit to the taking of a breath test orbreath analysis;

(u) in section 77(4), by increasing the fines for a motorcyclist or a cyclist who rides abreast or holds on toother moving vehicles;

(v) in section 78(1), by increasing the fine for distributingadvertisements from vehicles;

(w) in section 91, by increasing the fines for contraveningthe Act or Regulations made under the Act, where thefines are not specifically provided;

(x) in section 100, by providing that Regulations madeunder the Act are subject to negative resolution ofParliament;

(y) in section 107(4), by increasing the penalty for parkingin a restricted area;

(z) in section 109, by repealing subsection (1) and substi-tuting a new subsection providing that the charges tobe paid for impounding a vehicle would be specified inthe Sixth Schedule, and authorizing the Minister tovary such charges from time to time;

(aa) by repealing the First Schedule and substituting aFirst Schedule containing the fees and duties payableto the Licensing Authority; and

(bb) by inserting a Sixth Schedule for the sums to be paidfor illegal parking and the impounding of vehicles soparked.

Clause 4(2) of the Bill would provide a six-month period forpersons who have made unauthoriszd alterations to vehicles toseek authorization from the Licensing Authority for the alterationsmade.

Clause 5 of the Bill would amend the Motor Vehicles and RoadTraffic (Enforcement and Administration) Act, Chap. 48:52 toincrease fines and the repeal and replacement of the FirstSchedule.

Clause 6 of the Bill would amend the Maxi-Taxi Act,Chap. 48:53 to increase fines for painting a vehicle in a manner tobe mistaken for a maxi-taxi and for Regulations made under thisAct.

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BILL

AN ACT to amend the various Acts, namely theQueen’s Park Act, Chap. 41:04, the Highways Act,Chap. 48:01, the Motor Vehicles and Road Traffic Act,Chap. 48:50, the Motor Vehicles and Road Traffic(Enforcement and Administration) Act, Chap. 48:52and the Maxi-Taxi Act, Chap. 48:53 to increase thepecuniary penalties for motor vehicle offences; toprovide for the issue of tickets for certain motorvehicle offences; to regularize and increase the periodfor the renewal of driving permits and to provide forrelated matter

[Assented to 26th July, 2010]

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ENACTED by the Parliament of Trinidad and Tobago asfollows:

1. This Act may be cited as the Motor Vehicles andRoad Traffic (Miscellaneous Provisions) Act, 2010.

2. The Queen’s Park Act is amended in section 2(2)by deleting the words “one hundred dollars” andsubstituting the words “two thousand dollars”

3. The Highways Act is amended in section 149(2)by deleting the words “five hundred dollars” andsubstituting the words “four thousand dollars”.

4. (1) The Motor Vehicles and Road Traffic Act isamended—

(a) in section 2—(i) by inserting after the definition of

“private motor car”, the followingdefinition:

“ “private school bus” meansa public service vehiclehaving seating capacity fornot less than nine normore than twenty-fivepassengers, used for trans-porting school children andis a type approved by theLicensing Authority;”; and

(ii) in the definition of “motoromnibus”, by inserting after thewords “ “hiring car” ” the words“ “private school bus” ”;

(b) in section 16, by inserting after sub-section (2), the following subsection:

“(2A) Notwithstanding the require-ments of subsection (1) and any otherwritten law, the Minister may byOrder prescribe the identification

Motor Vehicles andRoad Traffic Act,Chap. 48:50amended

The Queen’s ParkAct, Chap. 41:04amended

Short title

Highways Act, Chap.48:01 amended

Enactment

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mark to be carried on any registeredmotor vehicle or trailer owned or usedby the State.”;

(c) in section 19A, by inserting after sub-section (2), the following subsection:

“(3) Subject to negative resolutionof Parliament, the Minister withresponsibility for finance may byRegulations amend, suspend or revokethe provisions of the Fifth Schedule.”;

(d) in section 21(1)—(i) in paragraph (b), by inserting after

the words “respect thereof or” thewords “is altered in a mannerwhich may conflict with thepurpose or use for which it isregistered, without permissionfrom the Licensing Authority oris”; and

(ii) in paragraph (c)(ii), by deleting thewords “four hundred dollars” andsubstituting the words “eightthousand dollars”;

(e) in section 23, by inserting after sub-section (1A), the following subsection:

“(1B) Notwithstanding subsection(1A), a person who contravenes subsec-tion (1)(d), commits an offence and isliable on summary conviction to a fineof five thousand dollars.”;

(f) by inserting after section 41, the followingsection:

41A. The Licensing Authority mayissue a special permit to the owner of aprivate school bus, used to transportschool children during a school term,subject to such conditions as may bespecified in the permit and on paymentof the prescribed fee.”;

7

“Specialpermit forprivate schoolbus

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(g) in section 43(2), by deleting the words “fivehundred dollars” and substituting the words“two thousand dollars”;

(h) in section 43A(1), by deleting all the wordsfrom the words “(a) private motor car” to thewords “goods vehicle,” and substituting thefollowing:

“(a) private motor car;(b) public service vehicle;(c) goods vehicle; and(d) rented car,”;

(i) in section 43B(2), by deleting the words “onethousand dollars and on any subsequentconviction to a fine of two thousanddollars” and substituting the words “fourthousand dollars and on any subsequentconviction to a fine of eight thousanddollars”;

(j) in section 43C—(i) in subsection (1), by deleting the

word “sixteen” and substitutingthe word “seventeen”;

(ii) by inserting after subsection (1),the following subsection:

“(1A) The driver of a motorvehicle referred to in 43A(1)shall not without reasonableexcuse drive a vehicle whilethere is in the front seat of thevehicle a person who is notwearing a seat belt.”;

(iii) in subsection (2)—(A) by inserting after the

words “subsection (1)” thewords “or subsection (1A)”;and

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(B) by deleting the words“five hundred dollars” andsubstituting the words “twothousand dollars”; and

(iv) by repealing subsection (3)and substituting the followingsubsection:

“(3) A person shall not beconvicted under this section ifhe proves that at the materialtime he or the passenger, asthe case may be, held a validcertificate signed by a legallyqualified medical practitionerto the effect that it is inadvis-able on medical grounds forhim or the passenger to weara seat belt and the certificateshall be valid for a period ofnot more than two years fromthe date of issue.”;

(k) by repealing section 43D and substitutingthe following:

43D. (1) The driver of a motorvehicle referred to in section 43A(1)shall—

(a) not, without reasonableexcuse, drive his vehicle whilethere is in the front seat of thevehicle a child of five years ofage and under; and

(b) ensure that a child—(i) under six months of

age, be restrained ina properly fastenedand adjusted, rear-ward facing childrestraint;

9

“Drivingwhile a childis in thevehicle

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(ii) over six months andunder four years ofage, be restrained ina properly fastenedand adjusted, rear-ward facing childrestraint or a forwardfacing child restraintthat has an in-builtharness; and

(iii) over four years andunder five years ofage, be restrained ina properly fastenedand adjusted, forwardfacing child restraintthat has an in-built harness oran approved boosterseat that is pro-perly positioned andfastened.

(2) The Minister may byOrder prescribe the type of childrestraint and booster seat referred toin subsection (1).

(3) Subsection (1)(b) shall notapply to the driver of a public servicevehicle.

(4) The driver of a motorvehicle who contravenes this sectioncommits an offence and is liable onsummary conviction to a fine of twothousand dollars.

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(5)The driver of a motor vehicleshall not be guilty of an offence underthis section—

(a) if he proves that the child helda valid certificate signed by amedical practitioner to theeffect that it is inadvisable onmedical grounds for the childto be placed in a child restraintor booster seat and the certifi-cate shall be valid for a periodof not more than two yearsfrom the date of issue; or

(b) where there is only one row ofseats in the vehicle;

(l) in section 58, by repealing subsection (1)and substituting the following subsection:

“(1) Unless previously suspended,cancelled or revoked by the competentauthority, a driving permit shallexpire upon the expiration of—

(a) five years from the date ofissue or renewal, where onsuch date the holder of thepermit has not yet attainedthe age of sixty-one years;

(b) four years from the date ofissue or renewal, where onsuch date the holder of thepermit has attained the age ofsixty-one years but has not yetattained the age of sixty-twoyears;

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(c) three years from the date ofissue or renewal, where onsuch date the holder of thepermit has attained the age ofsixty-two years but has not yetattained the age of sixty-threeyears;

(d) two years from the date ofissue or renewal, where onsuch date the holder of thepermit has attained the age ofsixty-three years but has notyet attained the age of sixty-four years;

(e) one year from the date of issueor renewal where on such datethe holder of the permit hasattained the age of sixty-fouryears but has not yet attainedthe age of sixty-five years; or

(f) two years from the date ofissue or renewal, where onsuch date the holder of thepermit has attained the age ofsixty-five years and over. ”;

(m) in section 61A, by repealing section 61A andsubstituting the following section:

61A. (1) Subject to subsection (3), anapplicant for the issue of a new drivingpermit who is the holder of a permitwhich expired, shall pay to theLicensing Authority prior to the issueof the new permit the sum of—

(a) three hundred and fiftydollars, where the period fromthe date of expiration to thedate of submission of theapplication is six months orless;

12

“Expireddrivingpermit

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(b) eight hundred and seventy-five dollars, where the periodfrom the date of expiration tothe date of submission of theapplication is more than sixmonths but does not exceedthree years; or

(c) one thousand seven hundredand fifty dollars, where theperiod from the date of expira-tion to the date of submissionof the application is more thanthree years but does notexceed five years.

(2) An applicant who wasabsent from Trinidad and Tobagoduring the period specified in subsec-tion (1)(b) or (c), shall pay to theLicensing Authority the sum of threehundred and fifty dollars.

(3) An applicant for the issue ofa new driving permit who is the holderof a permit which expired for a periodwhich exceeds five years, shall,whether such period is spent in or outof Trinidad and Tobago, be required toproduce a certificate of having passeda driving test in accordance withsection 47 and shall pay to theLicensing Authority the sum of threehundred and fifty dollars prior to theissue of the new permit.”;

(n) in section 62(5), by deleting the words “fivehundred dollars” and substituting the words“four thousand dollars”;

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(o) in section 65(2), by deleting the words “fivehundred dollars” and substituting the words“three thousand dollars”;

(p) in section 66, by deleting the words “threehundred dollars and on any subsequentconviction to a fine of seven hundred andfifty dollars” and substituting the words“two thousand dollars and on anysubsequent conviction to a fine of fourthousand dollars”;

(q) in section 68(7), by deleting the words “onehundred and fifty dollars and on anysubsequent conviction to a fine of threehundred dollars” and substituting the words“one thousand five hundred dollars and onany subsequent conviction to a fine of threethousand five hundred dollars”;

(r) in section 69—(i) in subsection (1), by deleting para-

graph (a) and substituting thefollowing paragraph:

“(a) at anytime of the day ornight on any portion of—

(i) K n o x S t r e e t ,between St. VincentS t r e e t a n dA b e r c r o m b yStreet; and

(ii) A b e r c r o m b yStreet, betweenHart Street andKnox Street,

in the City of Port-of-Spain,by any person not being amember of the House ofRepresentatives or of theSenate or his servant oragent;”; and

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(ii) in subsection (3), by deleting thewords “one hundred and fiftydollars” and substituting the words“four thousand dollars”;

(s) in section 70B, by repealing subsection (3)and substituting the followin subsection:

“(3) Where an accident occursinvolving a motor vehicle on a road, aconstable may, subject to subsection(4), on arriving at the place of theaccident, require the driver of thevehicle, whom the constable hasreasonable cause to believe wasdriving or attempting to drive thevehicle after consuming alcohol in aquantity that the proportion of thealcohol in his breath or blood exceedsthe prescribed limit at the time of theaccident, to provide a specimen ofbreath for a breath test—

(a) either at or near the placewhere the accident occurred; or

(b) at a police station withinreasonable proximity to theplace where the accidentoccurred.”;

(t) in section 70G(1), in the definition of“constable” by inserting the words “or aTransport Officer” after the words “PoliceService”;

(u) in section 77(4), by deleting the words “onehundred dollars and on any subsequentconviction to a fine of two hundred dollars”and substituting the words “one thousandtwo hundred and fifty dollars and on anysubsequent conviction to a fine of twothousand five hundred dollars”;

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(v) in section 78(1), by deleting the words “fourhundred dollars” and substituting the words“two thousand dollars”;

(w) in section 91, by deleting the words “onethousand dollars” wherever they occur andsubstituting the words “three thousanddollars”;

(x) in section 100, by deleting the word“affirmative” and substituting the word“negative”;

(y) in section 107(4), by deleting the words“three hundred dollars” and substitutingthe words “one thousand five hundreddollars”;

(z) in section 109 by—(i) repealing subsection (1) and sub-

stituting the following subsection:“(1) Where a motor vehicle

is removed to a place of safecustody under section 108, thevehicle shall not be releasedto the owner unless there ispaid to the Commissioner ofPolice a sum for—

(a) the removal of thevehicle; and

(b) each day or partthereof during whichthe vehicle is kept incustody,

as specified in the SixthSchedule.”; and

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(ii) by inserting after subsection (1),the following subsection:

“(1A) The Minister may, byOrder subject to negativeresolution of Parliament, varyfrom time to time the sumsspecified in the SixthSchedule.”;

(aa) by repealing the First Schedule andsubstituting the following Schedule:

“FIRST SCHEDULE

Fees and Duties

Section 89(31 of 1976,36 of 1976) $

(7) Driving Permits—(a) five-year permit … … 500.00(b) four-year permit … … 80.00(c) three-year permit … … 60.00

(d) two-year permit … … 40.00

(e) one-year permit … … 20.00

(f) persons who have attained the age of sixty-fiveyears may renew their driving permit withoutcharge

(8) Maxi-taxi conductor’s licence 50.00

(9) Motor omnibus conductor’s licence 5.00

(10) Registration of motor vehicle or trailer 100.00

(11) Re-classification of registration of vehicle 100.00

(12) Certificate of extract of entry in Registerof Motor Vehicles other than onregistration

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100.00

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(13) Any duplicate or copy of a licence orpermit authorized or required to beissued

(14) Examination of driver under section 53 175.00

(15) Certificate of competency under section 53 35.00

(16) Annual inspection of a—

(a) trailer … … … 300.00

(b) motor vehicle (commercial) … 300.00

(c) motor vehicle (private) … 251.50

(17) Dealer’s licence ... ... ... 5,000.00

(18) Provisional permit ... ... ... 35.00

(19) Amendment to Register (other than atransfer of registration of the change ofpossession of a motor vehicle)

(20) Study guide booklet (including HighwayCode)

(21) Permit to convey persons other thanpersons employed to load or unloadgoods, merchandise or other loads ongoods vehicles, agriculture trailers ortrailers for a period not exceeding sixmonths

(22) Application for a taxi (other than a maxi-taxi)

(23) Taxi-driver’s licence/badge (renewableevery three years)

(24) Duplicate licence/badge for taxi driversunder item (22)

(25) Certified extract of motor vehicleInspector’s report

18

70.00 for firstduplicate orcopy300.00 forsubsequentduplicate orcopy

35.00

15.00

90.00 permonth orpart thereof

70.00

40.00

40.00 for firstduplicate;

100.00 fors u b s e q u e n tduplicates.35.00.”; and

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(bb)by inserting after the Fifth Schedule, thefollowing Schedule:

“SIXTH SCHEDULE

(Section 109)

PARTICULARS OF THE SUMS REQUIRED TO BE PAID TO THE

COMMISSIONER OF POLICE FOR ILLEGAL PARKING

Particulars Sums $

Removal Charge 300.

Custody of Vehicle 200.”.

(2) Subsection (1)(d) comesinto effect six months afterthe coming into force of thisAct.

5. The Motor Vehicles and Road Traffic (Enforcementand Administration) Act is amended—

(a) in section 11(1)—(i) in paragraph (a), by deleting the

words “ four hundred dollars” andsubstituting the words “fivethousand dollars”; and

(ii) in paragraph (d), by deleting thewords “four hundred dollars” andsubstituting the words “fivethousand dollars”; and

(b) by repealing the First Schedule and substi-tuting the following Schedule:

19

Motor Vehicles andRoad Traffic(Enforcement andAdministration) Act,Chap. 48:52amended

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“FIRST SCHEDULE

(Sections 6 and 11)

FIRST SCHEDULE—Continued

20

1.

2.

3.

4.

5.

6.

Defaced or defectiveidentification plate

Using vehicle for apurpose other thanthat for which it isregistered

No identificationplate fixed to thefront or back ofvehicle

No identificationlights on vehicles atnight

Number of passen-gers to be carried notprinted on right frontdoor of taxi

Vehicle with defectivebrakes

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 7

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 8

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 9

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 10

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 17(a)

Motor Vehicles andRoad Traffic Reg-ulations Chap. 48:50,Regulation 28(f)(v)

3

20

20

3

3

20

300.00

750.000

750.00

300.00

300.00

750.00

No. Offence EnactmentFixed

Penalty$

Penaltypoints tobeawarded

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“FIRST SCHEDULE—Continued

21

7.

8.

9.

10.

11.

12.

No Tare and M.G.W.painted on vehicles

Vehicle with defec-tive fittings

Vehicle withoutsilencers or fittedwith cut-outs

Unauthorized lightsto front or rear ofvehicle

Unauthorized lettersand figures onvehicle

Vehicle without twohead lamps

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 28(h)

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 28(i)

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 28(j)

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 28(k)

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 28(l)

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 28(m)(i)

30

5

3

20

20

30

1,000.00

450.000

300.00

750.00

750.00

1,000.00

No. Offence EnactmentFixed

Penalty$

Penaltypoints tobeawarded

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FIRST SCHEDULE—Continued

Vehicle without parklights

Vehicle without taillights

Vehicle with unautho-rized spot or swivellights

No “left hand drive”notice affixed toappropriate vehicle

Reversing on roadsfor an unreasonabledistance

Reversing at the junc-tion of roads oraround corner in theCity of Port-of-Spainor San Fernando

Quitting vehiclebefore applyingbrakes and switchingoff engine

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 28(m)(ii)

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 28(m)(iii)

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 28(m)(iv)

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 31(2)

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 38, Rule 1

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 38, Rule 1

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 38, Rule 3

30

30

30

3

20

30

30

1,000.00

1,000.00

1,000.00

300.00

750.00

1,000.00

1,000.00

No. Offence EnactmentFixed

Penalty$

Penaltypoints tobeawarded

13.

14.

15.

16.

17.

18.

19.

22

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“FIRST SCHEDULE—Continued

23

Failing to keepvehicle to left on road

Improper overtakingon the left side of road

Obstructing over-taking traffic

Improper overtakingon the right, cutting in

Overtaking traffic at aplace dangerous to doso

Parking within ninemetres of a corner

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 38,Rule 5(1)

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 38,Rule 5(3)

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 3,Rule 5(4)

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 38Rule 5(5)

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 38,Rule 5(6)

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 38Rule 5(10)

20

30

30

30

30

3

1,000.00

1,000.00

1,000.00

1,000.00

1,000.00

500.00

No. Offence EnactmentFixed

Penalty$

Penaltypoints tobeawarded

20.

21.

22.

23.

24.

25.

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24

Drawing up alongsideanother vehicle; back-ing motor vehicle tokerb or roadside

Parking within threemetres of a firehydrant

Parking within threemetres of the frontageof a fire station

Negligently or wilfullyinterrupting the freepassage or causing anu n n e c e s s a r yobstruction

Failing to draw up asclose as possible to theside of the road

Vehicle without horn

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 38, Rule5(11)

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 38,Rule 5(12)

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 38,Rule 5(13)

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 38,Rule 6

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 38,Rule 11

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 38,Rule 11

3

3

30

10

3

3

300.00

500.00

1,000.00

600.00

300.00

300.00

No. Offence EnactmentFixed

Penalty$

Penaltypoints tobeawarded

26.

27.

28.

29

30.

31.

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“FIRST SCHEDULE—Continued

25

Permitting excesssparks, smoke orvisible vapour to comefrom vehicle

Vehicle carryingexcessive projection

Overcrowded vehicle

Carrying persons in adangerous manner

Leaving broken-downvehicle on roadunattended

Failing to draw upvehicle for passage offire engine

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 38,Rule 13

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 38,Rule 15

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 38, Rule 16

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 38, Rule 17

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 38, Rule 18

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 38, Rule 19

30

20

20

20

30

30

1,000.00

750.00

750.00

750.00

1,000.00

1,000.00

No. Offence EnactmentFixed

Penalty$

Penaltypoints tobeawarded

32.

33.

34.

35.

36.

37.

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26

Towing other than amotor vehicle withoutwritten permissionof the LicensingAuthority

Length of tow ropeexceeding five metres

Vehicle withoutreflecting mirror

Vehicle carryingunsecured load

Use of noisy vehicle

Use of vehicle withdefective tyres

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 38,Rule 20)

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 38,Rule 21

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 40

Motor Vehicles andRoad Traffic Reg-ulations,Chap. 48:50,Regulation 42

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 43

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 46

10

5

20

20

3

30

600.00

450.00

750.00

750.00

300.00

1,000.00

No. Offence EnactmentFixed

Penalty$

Penaltypoints tobeawarded

38.

39.

40.

41.

42.

43.

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FIRST SCHEDULE—Continued

27

Use of vehicle with nowindshield wiper ordefective wiper

Playing a musical ornoisy instrument ina vehicle without per-mission of theLicensing Authority

Driving vehicle onfootpath or pavement

Public Service vehiclewithout spare tyre

Public Service vehicle—importuning ofpassenger

Taxi Driver un-suitably attired

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 46

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 49

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 57

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 76(j)

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 78

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation79

3

30

30

20

20

20

300.00

1,000.00

1,000.00

750.00

750.00

750.00

No. Offence EnactmentFixed

Penalty$

Penaltypoints tobeawarded

44.

45.

46.

47.

48.

49

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28

Placing advertise-ment on side windowof taxi

Taxi unattended athead of taxi stand

Statement of faresundisplayed in taxi

Failing to occupyvacant space in taxistand

Parking in a publicstand appointed fortaxi

Failing to display taxidriver’s badge

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 80

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 81(2)

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 83(1)

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 94(2)

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 95

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 111(4)

3

10

3

20

20

5

300.00

600.00

300.00

750.00

750.00

450.00

No. Offence EnactmentFixed

Penalty$

Penaltypoints tobeawarded

50.

51.

52.

53.

54.

55.

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FIRST SCHEDULE—Continued

Failing to preservetaxi driver’s badgeagainst loss, destruc-tion or defacement

Failing to produce taxidriver’s badge andlicence on demand

Using or altering amotor vehicle ortrailer for a purposenot authorized bythe registration orlicensing authority

Public service vehiclecarrying excesspassengers

Goods vehicle car-rying excess weigh

Using a motor vehiclewith the windscreenor any other windowfitted with glass sotinted, treated ordarkened as toobscure the view of theinside of the vehiclefrom outside

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 115

Motor Vehicles andRoad Traffic Reg-ulations, Chap. 48:50,Regulation 115

Motor Vehicles andRoad Traffic Act,Chap. 48:50, Section 21(1)(b)

Motor Vehicles andRoad Traffic Act,Chap. 48:50, Section 21(1)(c)

Motor Vehicles andRoad Traffic Act,Chap. 48:50, Section 21(1)(c)

Motor Vehicles andRoad Traffic Act,Chap. 48:50, Section 23(1)(d)

3

5

5

20

20

15

300.00

450.00

1,000.00

750.00

750.00

2,000.00

No. Offence EnactmentFixed

Penalty$

Penaltypoints tobeawarded

56.

57.

58.

59.

60.

61.

29

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Use of motor vehicleunder dealer’s licenceby a person otherthan the dealer

Riding Motor Cyclewithout safety helmet

Failure of a driverand any passengerseventeen years andover to wear a seatbelt while the vehicleis in motion

Driving a vehiclewith a person in thefront seat who is notwearing a seat belt

Driving a vehiclewith a child in thefront seat who is fiveyears and under

Failing to place achild who is five yearsand under in a childrestraint or boosterseat in the vehiclewhile driving thevehicle

Motor Vehicles andRoad Traffic Act,Chap. 48:50,Section 39

Motor Vehicles andRoad Traffic Act,Chap. 48:50,Section 43(1)

Motor Vehicles andRoad Traffic Act,Chap. 48:50, Section 43C(1)

Motor Vehicles andRoad Traffic Act,Chap. 48:50, Section 43C(1A)

Motor Vehicles andRoad Traffic Act,Chap. 48:50, Section 43D(1)(a)

Motor Vehicles andRoad Traffic Act,Chap. 48:50,Section 43D(1)(b)

30

5

15

15

15

15

1,000.00

450.00

1,000.00

1,00.00

1,000.00

1,000.00

No. Offence EnactmentFixed

Penalty$

Penaltypoints tobeawarded

62.

63.

64.

65.

66.

67.

30

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FIRST SCHEDULE—Continued

Exceeding the speci-fied speed limit

Motor racing andspeed trials betweenmotor vehicles with-out permission

Breach of TrafficOrder made by theMinister

Failing to comply withdirective of a policeconstable

Failing to comply witha traffic sign (exclud-ing an electric auto-matic signal) or noticeauthorized by theLicensing Authority orCommissioner ofPolice, respectively

Failing to comply withan electric automaticsignal (traffic light)

Contravention ofTraffic Order made bythe Commissioner ofPolice

Motor Vehicles andRoad Traffic Act,Chap. 48:50,section 62(1)

Motor Vehicles andRoad Traffic Act,Chap. 48:50,section 63

Motor Vehicles andRoad Traffic Act,Chap. 48:50, section 65(1)

Motor Vehicles andRoad Traffic Act,Chap. 48:50, section 66(a)

Motor Vehicles andRoad Traffic Act,Chap. 48:50, section 66(b)

Motor Vehicles andRoad Traffic Act,Chap. 48:50,Regulation 66(b)

Motor Vehicles andRoad Traffic Act,Chap. 48:50,section 68(7)

30

10

3

30

30

30

20

1,000.00

1,000.00

300.00

1,00.00

1,000.00

1,000.00

750.00

No. Offence EnactmentFixed

Penalty$

Penaltypoints tobeawarded

68.

69.

70.

71.

72.

73.

74.

31

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Breach of Knox Streetand AbercrombyStreet parkingrestriction

Breach of parkingrestriction made bythe Minister

Dangerous driving

Motor Cyclist holdingon to another movingvehicle

Motor Cyclist ridingwith no hands on thehandle bar

Throwing or distributingadvertisements orhandbills from avehicle

Standing for hire at aplace not appointedfor the purpose

Unauthorized parkingon grounds of publicbuilding

Motor Vehicles andRoad Traffic Act,Chap. 48:50, Section 69(1)(a)

Motor Vehicles andRoad Traffic Act,Chap. 48:50, Section 69(1)(b)

Motor Vehicles andRoad Traffic Act,Chap. 48:50, Section 71A

Motor Vehicles andRoad Traffic Act,Chap. 48:50, Section 77(2)(a)

Motor Vehicles andRoad Traffic Act,Chap. 48:50, Section 77(2)(b)

Motor Vehicles andRoad Traffic Act,Chap. 48:50, Section 78(1)

Motor Vehicles andRoad Traffic Act,Chap. 48:50, Section 91(3)

Motor Vehicles andRoad Traffic Act,Chap. 48:50, Section 107(1)

30

20

15

20

20

3

20

20

1,000.00

750.00

3,000.00

750.00

750.00

300.00

750.00

750.00

No. Offence EnactmentFixed

Penalty$

Penaltypoints tobeawarded

75.

76.

77.

78.

79.

80.

81.

82.

32

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FIRST SCHEDULE—Continued

Use of Priority BusRoute by unauthorizedvehicle

Using or causing to beused or permitting aperson to use a motorvehicle or licensedtrailer on a publicroad without a validpolicy of insurance

Unauthorized drivingor parking withinQueen’s ParkSavannah

Operation of maxi-taxis outside specifiedroute

Vehicle painted insuch a manner as tobe mistaken for amaxi-taxi

Special Roads(Traffic) Regulations,Chap. 48:01,Regulation 2

Motor VehiclesInsurance (ThirdParty Risks) Act,Chap. 48:51,section 3

Queen’s Park Act,Chap. 41:04, Regulation 1A

Maxi-Taxi Act,Chap. 48:53, section 7(1)

Maxi-Taxi Act,Chap. 48:53, section 12(1)

30

15

30

30

30”.

1,000.00

1,000.00

1,000.00

1,000.00

1,000.00

No. Offence EnactmentFixed

Penalty$

Penaltypoints tobeawarded

83.

84.

85.

86.

87.

6. The Maxi-Taxi Act is amended—(a) in section 12 (2), by deleting the words “five

hundred dollars and to a further fine oftwenty-five dollars for each day duringwhich the offence continues afterconviction” and substituting the words“three thousand dollars and to a further fineof two hundred dollars for each day duringwhich the offence continues afterconviction”; and

(b) in section 13(3), by deleting the words “fivehundred dollars” and substituting thewords “three thousand dollars”.

33

Maxi-Taxi Act,Chap. 548:53amended

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Passed in the House of Representatives this dayof , 2010.

Clerk of the House

I confirm the above.

Speaker

Passed in the Senate this day of , 2010.

Clerk of the Senate

I confirm the above.

President of the Senate

34

Page 35: The Motor Vehicles and Road Traffic (Miscellaneous … ·  · 2010-02-22certain motor vehicle offences; ... the Motor Vehicles and Road Traffic Act, the Motor Vehicles and Road Traffic

No. 9 of 2010

THIR

D SE

SSION

NIN

TH

PA

RL

IAM

EN

TR

EPU

BLIC

OF

TRIN

IDA

D A

ND

TOB

AG

O

BIL

LA

NA

CT

to amend various A

cts, namely the Q

ueen’s ParkA

ct, Chap. 41:04, the H

ighways A

ct, Chap. 48:01, the

Motor V

ehicles and Road Traffic A

ct, Chap. 48:50, the

Motor V

ehicles and Road Traffic (E

nforcement and

Adm

inistration) Act, C

hap. 48:52 and the Maxi-Taxi

Act, C

hap. 48:53 to increase the pecuniary penalties form

otor vehicle offences; to provide for the issue oftickets for certain m

otor vehicle offences; to regularizeand increase the period for the renew

al of drivingperm

its and to provide for related matters.

Received and read the

First time ...............................................

Second time ...........................................

Third time ..............................................