The Motor Vehicles and Road Traffic (Amendment) Bill,...

SENATE

BILLAN ACT to amend the Motor Vehicles and Road Traffic

Act, Chap. 48:50 to introduce a system of trafficviolations for certain breaches of the Act, toprovide for the implementation of a red-lightcamera system, a demerit points system and thereform of the fixed penalty system and relatedlegal proceedings and other related matters

PRINTED BY THE GOVERNMENT PRINTER, CARONIREPUBLIC OF TRINIDAD AND TOBAGO—2017

AS AMENDED IN THE SENATE

No. 1 of 2017

THE MOTOR VEHICLES AND ROAD TRAFFIC(AMENDMENT) BILL, 2017

Explanatory Notes

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

The purpose of the Motor Vehicles and Road Traffic(Amendment) Bill, 2017 is to amend the Motor Vehicles and RoadTraffic Act, Chap. 48:50 (“the Act”) to, inter alia, introduce a systemof traffic violations for certain breaches of the Act and provide forthe implementation of a red-light camera system, a demerit pointssystem, the reform of the fixed penalty system, and related legalproceedings and other related matters.

Clause 1 provides for the short title.

Clause 2 would provide for the Act to come into operation onProclamation by the President.

Clause 3 would define certain terms used in the Bill.

Clause 4 would amend section 2 of the Act by insertingdefinitions for “emergency vehicle”, “traffic light signal” and“traffic violation”.

Clause 5 would provide that section 64 of the InterpretationAct would not apply to traffic violations.

Clause 6 would amend section 10A of the Act by increasing thepenalty for failing to comply with the directions of, or obstructing aTraffic Warden.

Clause 7 would amend section 15 of the Act by making failingto provide notification of a destroyed or permanently unserviceablevehicle a traffic violation.

Clause 8 would amend section 19 of the Act by making failingto register the transfer of a vehicle a traffic violation.

Clause 9 would amend the Act by inserting a new Part IIA toprovide for traffic violations. This new Part would specify thatcompliance with the Act is a condition of a driving permit and theregistration of a motor vehicle. It would also provide that a breachof a condition, as contained in the Schedule, would constitute atraffic violation and that in proceedings for a traffic violation, thestandard of proof shall be on a balance of probabilities.

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Clause 10 would amend section 21 of the Act by repealingsubsections (2) and (5).

Clause 11 would amend section 23 of the Act to make theobscuring of the inside of a vehicle through the windshield orwindows a traffic violation.

Clause 12 would amend section 42 of the Act by increasing thepenalties for driving, having never been issued with a drivingpermit.

Clause 13 would amend section 43B of the Act to make drivingwithout a seatbelt a traffic violation.

Clause 14 would amend section 43D of the Act to make drivingwith a child, under the age of five years, without a car seat atraffic violation.

Clause 15 would amend section 46 of the Act to make givinginstructions without a driving permit and a provisional permit atraffic violation.

Clause 16 would amend section 48 of the Act to make the issueof a driving permit to a person who is not physically fit a trafficviolation.

Clause 17 would amend section 56 of the Act to make drivingwithout a permit a traffic violation.

Clause 18 would amend section 56A of the Act to make drivingwithout relevant travel documents, where a driving permit isissued outside Trinidad and Tobago, a traffic violation.

Clause 19 would amend section 61 of the Act to extend thepower of the Licensing Authority to refuse to issue a driving permitto a person who has committed a traffic violation.

Clause 20 would amend section 62 of the Act to make drivingin excess of the speed limit a traffic violation.

Clause 21 would amend section 63 of the Act to make takingpart in a race or speed trial, without the consent of theCommissioner of Police, a traffic violation.

Clause 22 would amend section 64 of the Act to make failing tocomply with a traffic sign, other than a traffic light, a trafficviolation. This clause would also provide that section 64 of the Actwould not apply to any person riding or driving an animal.

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Clause 23 would amend section 65 of the Act to make failing tocomply with an Order made by the Minister a traffic violation.

Clause 24 would amend section 66 of the Act to make failing tocomply with the directions of a police officer or a traffic sign, otherthan a traffic light, a traffic violation.

Clause 25 would amend the Act to insert a new section 66A toprovide for the failure to comply with a traffic light which is to be atraffic violation.

Clause 26 would amend section 67 of the Act to make failing tocomply with Regulations made by the Commissioner of Police atraffic violation.

Clause 27 would amend section 68 of the Act to make failing tocomply with an Order made by the Commissioner of Police a trafficviolation.

Clause 28 would amend section 70 of the Act to remove drivingunder the influence of drink as an offence. This clause would alsoseek to include a definition for the term “drug”.

Clause 29 would amend section 72 of the Act to specify thatcareless driving is an offence.

Clause 30 would amend section 75 of the Act to provide apenalty for the offence of interfering with a motor vehicle withoutpermission.

Clause 31 would amend section 77 of the Act to provide thatthe breaches of the restrictions on cyclists would be a trafficviolation.

Clause 32 would amend section 78 of the Act to specify thatdistribution of articles from a vehicle on the road is an offence.

Clause 33 would amend section 79 of the Act to provide apenalty for the offence of failing to stop and give aid and report anaccident.

Clause 34 would amend the Act by inserting a new Part VA toprovide for red-light camera system. The new Part VA wouldprovide for the approval of red-light cameras by the Minister byOrder, the creation of an offence as it relates to interfering with ared-light camera, the deeming of the owner of a motor vehicle liablefor the breach of a red light, that the image and video recordingcaptured by a red-light camera to be evidence of the breach, thatthe Citation Notice is to be served on owner(s) of the motor vehicle,

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providing details of the breach of the red light and the optionsavailable to the owner, that is, payment of the fixed penalty orfiling of a Notice to Contest in order to have a hearing before aCourt, that the service of the Citation Notice on the owner(s) viapersonal delivery, leaving or affixing it, normal post or registeredpost, and in cases where the owner(s)’s residence is unknown, viapublication in a daily newspaper or electronic transmission throughe-mail, that a Notice to Contest can only be filed in one of twocircumstances, namely, the motor vehicle captured by the camerais not his or was stolen, that the documents relating to the breachof the red light is to be sent to the Court which is to be sufficientevidence for the Court to proceed, that the certificate of anInspection Officer and the Commissioner of Police are to be primafacie evidence, and that the Court is not to require the presence ofa complainant when dealing with a breach of a redlight, capturedby a red-light camera.

Clause 35 would repeal Part VI of the Act and substitute a newPart VI to provide for the enforcement and administration of thefixed penalty system and to establish a new demerit point system.The new Part VI would include that payment of fixed penalties tobe made to payees, other than the Court, and these payees are to beprescribed by the Minister, by Order, where a person is desirous ofcontesting a fixed penalty notice, he is to be required to file a Noticeto Contest with a payee, the Court may proceed ex parte when aNotice to Contest is filed and the person who filed same does notappear on the appointed date and at the appointed time, where aperson does not pay the fixed penalty and does not file a Notice toContest, the Licensing Authority would be empowered to ceasetransactions with that person or with his vehicle until the fixedpenalty and either one-quarter or one-half is paid, and a personwould be given the opportunity to be heard by the LicensingAuthority before it takes any action with respect to the ceasing oftransactions.

With respect to the demerit point system, the new Part VIwould also provide for the establishment of a demerit pointsregister, the assignment of demerit points to various offences andviolations under the Act, the provision for higher demerit points tobe attached where more than one traffic violation is committed, theaccumulation of at least seven demerit points in a year to result inthe disqualification from holding or obtaining a driving permit forone year, that a driving permit to be re-issued after disqualificationupon the person participating in a driver’s rehabilitationprogramme, passing a driving test and paying the prescribed fees,the expunging of demerit points after three years, and empower theMinister to double the assigned demerit points for certainviolations during a particular prescribed period, not exceeding tendays.

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Clause 36 would amend section 91 of the Act to ensure thatgeneral penalties, which are not provided in the Act, would notinclude imprisonment.

Clause 37 would amend section 93 of the Act to extend thesection so that it would apply to traffic violations as well asoffences.

Clause 38 would amend section 94 of the Act to makeproviding false information a traffic violation.


Clause 40 would amend section 97 of the Act to make failing tocomply with the direction to proceed to have a motor vehicle ortrailer weighed a traffic violation.

Clause 41 would amend section 98 to extend the section so thatit would apply to traffic violations as well as offences.


Clause 43 would amend section 107 of the Act to make parkingin a space adjoining a public building without permission a trafficviolation.

Clause 44 would amend section 108 of the Act to make failingto comply with a police officer’s instructions to move an illegallyparked vehicle a traffic violation.

Clause 45 would amend section 111 of the Act to make thesection applicable to both offences and traffic violations.

Clause 46 would amend the Fourth Schedule of the Act tomake failing to pay relevant motor vehicle tax a traffic violation.

Clause 47 would amend the Act by inserting three newSchedules in the Act. The new Seventh Schedule would list theconditions of the Act that would result in a traffic violation ifbreached. The new Eighth Schedule would list the Public Bodiesthat would be allowed to issue fixed penalty notices. The new NinthSchedule would specify the fixed penalties and demerit points thatare to be attached to certain offences and traffic violations underthe Act.

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Clause 48 would repeal the Motor Vehicles and Road Traffic(Enforcement and Administration) Act.

Clause 49 would provide for a Schedule to the Bill which wouldset out consequential amendments that are to be made to certainsubsidiary legislation made under the Act.

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THE MOTOR VEHICLES AND ROAD TRAFFIC(AMENDMENT) BILL, 2017

Arrangement of Clauses

PART IPRELIMINARY

Clause

1. Short title2. Commencement3. Interpretation4. Section 2 amended5. New section 2A inserted6. Section 10A amended7. Section 15 amended8. Section 19 amended9. New Part IIA inserted

10. Section 21 amended11. Section 23 amended12. Section 42 amended13. Section 43B amended14. Section 43D amended15. Section 46 amended16. Section 48 amended17. Section 56 amended18. Section 56A amended19. Section 61 amended20. Section 62 amended21. Section 63 amended22. Section 64 amended23. Section 65 amended24. Section 66 amended

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25. New section 66A inserted26. Section 67 amended27. Section 68 amended28. Section 70 amended29. Section 72 amended30. Section 75 amended31. Section 77 amended32. Section 78 amended33. Section 79 amended34. New Part VA inserted35. Part VI repealed36. Section 91 amended37. Section 93 amended38. Section 94 amended39. Section 96 amended40. Section 97 amended41. Section 98 amended42. Section 106 amended43. Section 107 amended44. Section 108 amended45. Section 111 amended46. Fourth Schedule amended47. Seventh, Eighth and Ninth Schedules inserted48. Chap. 48:52 repealed49. Subsidiary legislation amended Schedule

SCHEDULE

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BILL

AN ACT to amend the Motor Vehicles and Road TrafficAct, Chap. 48:50 to introduce a system of trafficviolations for certain breaches of the Act, toprovide for the implementation of a red-lightcamera system, a demerit points system and thereform of the fixed penalty system and relatedlegal proceedings and other related matters

[ , 2017]

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ENACTED by the Parliament of Trinidad and Tobago asfollows:

1. This Act may be cited as the Motor Vehicles and RoadTraffic (Amendment) Act, 2017.

2. This Act comes into operation on such day as isfixed by the President by Proclamation.

3. In this Act, “the Act” means the Motor Vehicles andRoad Traffic Act.

4. Section 2 of the Act is amended by inserting inthe appropriate alphabetical order, the followingdefinitions:

“ “emergency vehicle” means—(a) a vehicle being used by a member

of the Police Service, PrisonService or Defence Force; or

(b) an ambulance being operated,in an emergency situation while soundingits siren or other warning instrumentapproved by the Licensing Authority;

“payee” means a person or entityappointed in accordance withsection 88D;

“traffic light signal” means an electronic orautomated device installed for the purposeof controlling vehicular traffic and showingred, amber and green light signals; and

“traffic violation” shall be construed inaccordance with section 20B;”.

5. The Act is amended by inserting after section 2, thefollowing new section:

2A. Section 64 of the Interpre-tation Actdoes not apply to a traffic violation.”.

Section 2 amended

New section 2Ainserted

Interpretation

Chap. 48:50

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Enactment

Short title

Commencement

“Non-appli-cation ofsection 64 ofInterpretation ActChap. 3:01

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6. Section 10A(3) of the Act is amended by deletingthe words “three hundred dollars or to imprisonment forsix months” and substituting the words “ten thousanddollars and imprisonment for six months”.

7. Section 15 of the Act is amended—(a) in subsection (2), by deleting the words

“commits an offence” and substituting thewords “is liable to a fine of three thousanddollars”; and

(b) by repealing subsection (3).

8. Section 19(6) of the Act is amended by deleting thewords “is guilty of an offence and is liable uponsummary conviction to a fine of five thousand dollarsand imprisonment for six months” and substituting thewords “is liable to a fine of five thousand dollars”.

9. The Act is amended by inserting after section 20the following new Part:

“PART IIATRAFFIC VIOLATIONS

20A. (1) It is hereby declared thatcompliance with this Act and other writtenlaws relating to the use of a vehicle on aroad by the holder of a driving permit is acondition of the driving permit.

(2) It is hereby declared thatcompliance with this Act and other writtenlaws relating to the use of a motor vehicleon a road is a condition of the registrationof the motor vehicle under this Act andthat, subject to the provisions of this Actand those written laws, the owner of themotor vehicle is responsible for any breachof this Act or those written laws whichinvolves the use of his motor vehicle andwhich is imputable to him as the owner.

Conditions ofpermit andregistration

Section 10Aamended

Section 15 amended

Section 19 amended

New Part IIAinserted

20B. The breach of a condition specifiedin the Seventh Schedule by the holder ofa driving permit or owner of a vehicleconstitutes a traffic violation and theholder of the driving permit or the owner ofthe motor vehicle shall be liable to be dealtwith in accordance with this Act.

20C. In proceedings for a trafficviolation under this Act, the standard ofproof shall be on a balance ofprobabilities.”.

10. Section 21 of the Act is amended by repealingsubsections (2) and (5).

11. Section 23(1B) of the Act is amended by deletingthe words “commits an offence and is liable onsummary conviction to a fine of five thousand dollars”and substituting the words “is liable to a fine of fivethousand dollars”.

12. Section 42 of the Act is amended—(a) in subsection (1), by deleting the words “or

imprisonment for six months” and thewords “or imprisonment for one year”;

(b) in subsection (3), by deleting the words “onconviction” and the words “uponconviction”; and

(c) in subsection (6), by inserting after thewords “liable for” the words “any trafficviolation or for”.

13. Section 43B(2) of the Act is amended by deletingthe words “is guilty of an offence and liable onsummary conviction for a first offence to a fine of fourthousand dollars and on any subsequent conviction to afine of eight thousand dollars” and substituting thewords “is liable to a fine of four thousand dollars for thefirst traffic violation and to a fine of eight thousanddollars for any subsequent traffic violation”.

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Section 23 amended

Section 42 amended

Section 21 amended

Standard ofproof

Commissionof a trafficviolation

Section 43Bamended

14. Section 43D of the Act is amended—(a) in subsection (4), by deleting the words

“commits an offence and is liable onsummary conviction to a fine of twothousand dollars” and substituting thewords “is liable to a fine of two thousanddollars”; and

(b) in subsection (5), by deleting the words“guilty of an offence” and substituting theword “liable”.

15. Section 46 of the Act is amended—(a) in subsection (1), by deleting the words “is

liable on conviction to a fine of onethousand dollars” and substituting thewords “is liable to a fine of five thousanddollars”; and


16. Section 48(9) of the Act is amended by deletingthe words “is guilty of an offence and liable on convictionto a fine of one hundred dollars and to a further fine offive dollars for each day the offence continues afterconviction thereof” and substituting the words “is liableto a fine of two hundred dollars and to a further fine offive dollars for each day that the traffic violationcontinues”.

17. Section 56(3) of the Act is amended by deletingthe words “is liable on conviction to a fine of fivehundred dollars” and substituting the words “is liable toa fine of five hundred dollars”.

18. Section 56A(5) of the Act is amended by deletingthe words “is guilty of an offence and liable onsummary conviction to a fine of five hundred dollars”and substituting the words “is liable to a fine of fivehundred dollars”.

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Section 43Damended

Section 48 amended

Section 46 amended

Section 56 amended

Section 56Aamended

19. Section 61(2) of the Act is amended by insertingafter the words “repeated offences” the words “or trafficviolations”.

20. Section 62 of the Act is amended—(a) in subsection (6E)(a), by deleting sub-

paragraph (ii) and substituting thefollowing subparagraph:

“(ii) failed to comply with sub-section (1)”;

(b) in subsection (6E)(b)(iii), by deleting theword “offence”, wherever it occurs, andsubstituting the words “traffic violation”;

(c) in subsection (6F)—(i) by deleting the words “an offence

under subsection (5)” andsubstituting the words “a trafficviolation under this section”;

(ii) in paragraph (b), by deletingthe words “the accused” andsubstituting the words “a person”;and

(iii) in paragraph (d), by deletingthe words “the accused” andsubstituting the words “theperson”;

(d) in subsection (6G)—(i) by deleting the words “an offence

under subsection (5)” andsubstituting the words “a trafficviolation under this section”;

(ii) in paragraph (a), by deletingthe words “the accused” andsubstituting the words “a person”;and

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Section 61 amended

Section 62 amended

(iii) in paragraph (b), by deleting thewords “the accused” wherever itoccurs and substituting the word“he”;

(e) in subsection (6H), by deleting the words“an offence under subsection (5)” andsubstituting the words “a traffic violationunder this section”;

(f) in subsection (6I), by deleting the words“an offence under subsection (5)” andsubstituting the words “a traffic violationunder this section”; and

(g) in subsection (6J)—(i) by deleting the words “an offence

under subsection (5)” andsubstituting the words “a trafficviolation under this section”; and

(ii) by deleting the words “the accused”and substituting the words “theperson who was driving the motorvehicle”.

21. Section 63 of the Act is amended—(a) in subsection (1), by deleting the

words “two thousand dollars and toimprisonment for six months” andsubstituting the words “six thousanddollars”; and


22. Section 64 of the Act is amended—(a) in subsection (8), by—

(i) inserting after the words “trafficsign”, where they first occur, thewords “, other than a traffic lightsignal”;

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Section 63 amended

Section 64 amended

(ii) deleting the words “or any personriding or driving any animal”;

(iii) deleting the words “or animal”wherever they occur; and

(iv) deleting the words “is guilty of anoffence” and substituting the words“is liable to a fine of four thousanddollars”; and

(b) in subsection (9), by deleting the words “orto imprisonment for three months”.

23. Section 65(2) of the Act is amended by deletingthe words “or imprisonment for three months onsummary conviction”.

24. Section 66 of the Act is amended—(a) by inserting after the words “traffic sign”,

the words “other than a traffic lightsignal”; and

(b) by deleting the words “is liable onsummary conviction for a first offence to afine of two thousand dollars and on anysubsequent conviction to a fine of fourthousand dollars and imprisonment fortwelve months” and substituting the words“is liable to a fine of two thousand dollarsfor the first traffic violation and to a fine offour thousand dollars for every trafficviolation thereafter”.

25. The Act is amended by inserting after section 66,the following new section:

66A. (1) A person driving or propellinga vehicle, who fails to comply with theindication given by a traffic light signal isliable to a fine of five thousand dollars forthe first traffic violation and a fine of seventhousand dollars for any subsequent trafficviolation.

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Section 65 amended

Section 66 amended

New section 66Ainserted

“Failure tocomply with atraffic light

(2) This section does not apply toan emergency vehicle.”.

26. Section 67(3) of the Act is amended by deletingthe words “is liable on summary conviction for a firstoffence to a fine of seven hundred and fifty dollars andon any subsequent conviction to a fine of one thousanddollars” and substituting the words “is liable to a fine ofseven hundred and fifty dollars for the first trafficviolation and to a fine of one thousand dollars for everytraffic violation thereafter”.

27. Section 68(7) of the Act is amended by deletingthe words “is liable on summary conviction for a firstoffence to a fine of one thousand, five hundred dollarsand on any subsequent conviction to a fine of threethousand, five hundred dollars” and substituting thewords “is liable to a fine of one thousand, five hundreddollars for the first traffic violation and to a fine of threethousand, five hundred dollars for every traffic violationthereafter”.

28. Section 70 of the Act is amended in subsection (1),by deleting the words “drink or”.

29. Section 72 of the Act is amended by inserting afterthe word “liable” the words “, on summary conviction,”.

30. Section 75 of the Act is amended by inserting afterthe word “offence” the words “and is liable onsummary conviction to a fine of five thousand dollarsand imprisonment for nine months”.

31. Section 77 of the Act is amended—(a) in subsection (1), by deleting the word

“convicted” and substituting the word“liable”; and

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Section 67 amended

Section 68 amended

Section 72 amended

Section 70 amended

Section 75 amended

Section 77 amended

(b) in subsection (4), by deleting the words “onfirst conviction to a fine of one thousand,two hundred and fifty dollars and on anysubsequent conviction”.

32. Section 78 of the Act is amended—(a) in subsection (1), by deleting the words “to

a fine of two thousand dollars and toimprisonment for two months” andsubstituting the words “on summaryconviction to a fine of two thousanddollars”; and


33. Section 79(2) of the Act is amended by insertingafter the word “offence” the words “and is liable to a fineof five thousand dollars and imprisonment for ninemonths”.

34. The Act is amended by inserting after section 79,the following new Part:

“PART VARED-LIGHT CAMERA SYSTEM

79A. For the purposes of this Part—

“Citation Notice” means the Noticeapproved by the Authorityunder section 79G;

“Clerk” has the meaning assigned bythe Summary Courts Act;

“Court” has the meaning assigned bythe Summary Courts Act;

“fixed penalty” means the penaltyprescribed under section 84;

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Section 78 amended

New Part VAinserted

Section 79 amended

Definitions

Chap. 4:20

“Inspection Officer” means a constable,Transport Officer or TrafficWarden certified by theCommissioner of Police as trainedto analyse and certify theauthenticity of photographicimages or video recordingsobtained with a red-light camera;and

“Notice to Contest” means a Noticerequesting a hearing by a Court inrespect of a traffic violationindicating that the owner wishesto contest responsibility for thepayment of a fixed penalty asstated in the Citation Notice;

“red-light camera” means an electronicdevice, approved by the Ministerunder section 79B, for thepurpose of capturing andproducing photographic imagesand video recordings of trafficviolations committed undersection 66A.

79B. (1) The Licensing Authority maycause or permit a red-light camera to beinstalled on, or near any traffic lightsignal.

(2) The Minister may by Orderapprove the red-light camera for thepurposes of this Part.

79C. A person who unlawfully interfereswith a red-light camera or its properfunctioning commits an offence and isliable on summary conviction to a fine often thousand dollars.

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79D. (1) For the purposes of this Part,where a red-light camera captures aphotographic image or video recording of amotor vehicle that fails to comply with theindication given by a red light of a trafficlight signal in contravention of section66A, the owner of the motor vehicleinvolved in the traffic violation shall beresponsible for ensuring the payment ofthe fixed penalty stipulated in the CitationNotice served under section 79H.

(2) Where there is more than oneowner of the motor vehicle referred to insubsection (1), the owners shall be jointlyresponsible for ensuring the payment ofthe fixed penalty.

(3) Where an owner pays a fixedpenalty under this Part, he may recoverthe sums paid from the person who wasdriving the motor vehicle at the time thephotographic image or video recordingreferred to in subsection (1) was captured.

79E. A photographic image or videorecording of a motor vehiclecaptured by a red-light camera shall beevidence—

(a) that the motor vehicle was used inthe commission of a trafficviolation under section 66A; and

(b) that the information shown on thephotographic image or videorecording is a true and accuraterecord of the registration numberof the motor vehicle used in thecommission of the traffic violation.

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79F. (1) Where a red-light cameracaptures a photographic image or videorecording of the commission of a trafficviolation under section 66A, an InspectionOfficer shall, within thirty days of thecommission of the traffic violation, preparea Citation Notice to be served on eachowner of the motor vehicle involved in thecommission of the traffic violation.

(2) The Citation Notice preparedunder subsection (1) shall state that theowner has the option of either—

(a) paying the stipulated fixed penaltyfor the traffic violation, within thetime specified in the CitationNotice; or

(b) filing a Notice to Contest withinthe time specified in the CitationNotice in accordance withsection 79J.

79G. A Citation Notice prepared undersection 79F shall be in the form approvedby the Licensing Authority and publishedin the Gazette, and shall include—

(a) the date, time and place of thetraffic violation;

(b) the section of the written lawcreating the traffic violation andsuch particulars of the trafficviolation as are required forproceedings under the SummaryCourts Act;

(c) the photographic image showingthe commission of the trafficviolation and the registrationnumber of the motor vehicleinvolved in the commission of thetraffic violation;

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(d) the certificate of the InspectionOfficer;

(e) the fixed penalty that is to be paid;(f) the payee to whom the fixed

penalty may be paid;(g) the time specified within which the

fixed penalty may be paid inaccordance with section 79I(1);

(h) that the owner may file a Noticeto Contest in accordance withsection 79J; and

(i) the date, time and address of theCourt at which the owner isrequired to appear in the event offiling a Notice to Contest inaccordance with section 79J.

79H. (1) A Citation Notice preparedunder section 79F shall be served on eachowner of a motor vehicle involved in atraffic violation under section 66A—

(a) by delivering it to each owner orsome adult at his usual or lastknown place of residence or anyaddress furnished by him to theLicensing Authority;

(b) by leaving it or affixing it at theusual or last known place ofresidence or place of business ofthe owner or at any addressfurnished by him to the LicensingAuthority in a cover, addressed tohim; or

(c) by sending it by way of normal postor registered post to the owner athis usual or last known place of

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residence or business or any otheraddress furnished by him to theLicensing Authority.(2) In the case of a Citation Notice

to be served on an owner whose usual orlast known place of residence cannot withreasonable diligence be ascertained,service may be effected by means ofpublication in at least one newspaper indaily circulation in Trinidad and Tobago orelectronic transmission through e-mail.

(3) Service of a Citation Noticeunder this section is deemed to be effectedon the owner on the eighth day followingthe date on which the Notice is delivered,left, affixed, published, or electronicallytransmitted.

79I. (1) Where service of a CitationNotice has been effected in accordancewith section 79H, the owner of the motorvehicle shall, unless he files a Notice ofContest, pay the fixed penalty withinforty-five days from the deemed date ofservice under section 79H(3) of theCitation Notice or such longer period as theMinister may prescribe by Order.

(2) Payment of a fixed penaltyunder this section shall be—

(a) accompanied by the CitationNotice served under section 79H;and

(b) paid to a payee prescribed by theMinister under section 88D.(3) Where the fixed penalty is duly

paid in accordance with the CitationNotice, no person shall be liable to anysanction for the traffic violation in respectof which the Citation Notice was served.

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79J. (1) Where an owner of a motorvehicle is served with a Citation Noticeunder section 79H for a traffic violationand is desirous of contesting the trafficviolation in the Citation Notice, the ownermay file a Notice to Contest with a payeeprescribed by the Minister under section88D within thirty days from the deemeddate of service of the Citation Notice.

(2) An owner may file a Noticeto Contest on the grounds that atthe time the traffic violation wascommitted—

(a) the motor vehicle was stolen;or

(b) he is no longer the ownerhaving duly registered achange of possession of themotor vehicle in accordancewith section 19(1).(3) Notwithstanding the filing of a

Notice to Contest under subsection (1), anowner shall be permitted to pay the fixedpenalty specified in the Citation Notice inaccordance with section 79I and the mattershall be removed from the list of hearing atthe Court.

79K. Proceedings in respect of a trafficviolation under section 66A, for which aCitation Notice was served, shall not belisted for trial in Court unless—

(a) a Notice to Contest has been filedby the owner of the motor vehiclewithin thirty days from thedeemed date of service of theCitation Notice in accordance withsection 79J; and

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(b) a period of three months haselapsed from the last day on whichthe fixed penalty is payable andthere is no record that the fixedpenalty was paid in accordancewith section 79I.

79L. Where an owner has filed a Noticeto Contest, the Inspection Officer shalltransmit to the Clerk, in the district inwhich the traffic violation occurred, acertified copy of—

(a) the Citation Notice;(b) the Notice to Contest;(c) the photographic image or video

recording of the motor vehiclecaptured by the red-light camerain relation to the traffic violation;and

(d) proof of service of the CitationNotice.

79M. In proceedings for a trafficviolation under this Part, a certificate onthe Citation Notice signed by an InspectionOfficer which states that—

(a) he is certified by the Commissionerof Police as trained to analyse theinformation captured by ared-light camera;

(b) the red-light camera used tocapture the photographic image orvideo recording was approved bythe Minister;

(c) the photographic image or videorecording captured by the red-lightcamera was obtained on the dateand time stated therein;

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(d) the red-light camera was operatingaccurately at the time thephotographic image or videorecording was captured; and

(e) the contents of the informationshown on the photographic imageor video recording are true andcorrect,

is prima facie evidence of the mattersstated in the certificate.

79N. In proceedings for a trafficviolation under this Part, where thecredential of an Inspection Officer isreasonably brought into question, theCourt may authorise the submission of acertificate purporting to be signed by theCommissioner of Police that the InspectionOfficer named therein is qualified tooperate and analyse a red-light camera,and the certificate shall be prima facieevidence of the particulars specified in, andby the certificate.

79O. In proceedings for a trafficviolation under this Part, evidence of thecondition of the red-light camera or themanner in which it was operated shall notbe required unless evidence that it was notin proper condition or was not properlyoperated at the time of the traffic violationhas been adduced.

79P. (1) In proceedings for a trafficviolation under this Part, theinformation that is sent to the Court undersection 79L shall be sufficient evidence tocall upon the person charged to answer.

18

(2) Notwithstanding any law to thecontrary, in proceedings for a trafficviolation under this Part, the Court shallnot require the presence of a complainant,but this shall not debar the personin receipt of the Citation Notice fromsummoning any person in his defence.

79Q. Notwithstanding section 44 of theSummary Courts Act, where an owner whofiles a Notice to Contest does not appearbefore the Court at the date, time andaddress specified in the Citation Notice,the Magistrate shall not issue a warrantfor the arrest of the owner, but mayproceed ex parte to the hearing of thematter, and adjudicate thereon as fullyand effectually as if the owner hadpersonally appeared before the Court.

79R. (1) Where an owner does not paythe fixed penalty and does not file a Noticeto Contest, in accordance with this Act, heshall be liable to pay, to a payee, the fixedpenalty plus one-quarter of the amount ofthat fixed penalty.

(2) Where an owner does not paythe sum required under subsection (1)within fourteen days of the date on whichit became payable, he shall be liable to paythe fixed penalty plus one-half of theamount of the fixed penalty.

(3) Where an owner fails to pay therequired sums in accordance with thissection, the Licensing Authority maysuspend the driving permit of the owner orcease all transactions in relation to themotor vehicle which was involved in thecommission of the traffic violation or withthe owner of the said motor vehicle.

19

79S. Where section 79R of the Actbecomes applicable, the LicensingAuthority shall issue a notice, inwriting, to the owner indicating that—

(a) the fixed penalty specified in theCitation Notice was not paid;

(b) a Notice to Contest in respect ofthe traffic violation was not filed;

(c) the sum stated in section 79R(a)has become due for payment;

(d) it intends to impose the sanctionspecified at section 79R(3), whichwould be lifted upon the paymentof the applicable penalty; and

(e) he has fourteen days, from the dateof receipt of the notice, to showcause, in writing, why theLicensing Authority should notimpose the intended sanctions.

79T. (1) An owner may show cause, asstated in section 79S, why the LicensingAuthority should not impose the sanctionsspecified in section 79R(3).

(2) After consideration ofrepresentations made by an ownerpursuant to subsection (1), the LicensingAuthority may impose any combination ofsanctions specified in section 79R(3), ordecline to impose any sanctions andrequire the owner to pay the applicablesum due under section 79R.

(3) The Licensing Authority shallinform the owner of its decision, in writing,as soon as possible.

(4) The Licensing Authority shallimmediately lift any sanction imposedunder this section upon the payment of theapplicable sum specified in section 79R.”.

20

35. The Act is amended by repealing Part VI andsubstituting the following new Parts:

“PART VIFIXED PENALTY ENFORCEMENT

AND ADMINISTRATION

80. For the purposes of this Part—“Clerk” and “Court” have the meanings

assigned by the Summary CourtsAct;

“constable” includes—(a) a police officer as defined in

the Police Service Act;(b) a Transport Officer;(c) a Traffic Warden appointed

under section 10A; and(d) an estate constable employed

under the Supplemental PoliceAct, in a public body listed inthe Eighth Schedule;

“demerit points” means the pointsspecified in the Fourth Column ofthe Ninth Schedule;

“fixed penalty” means the penaltyprescribed under section 84;

“fixed penalty notice” means a noticeissued under section 82 andincludes a duplicate of such notice;

“notice to contest” means a noticerequesting a hearing by a Court inrespect of a traffic violationspecified in a fixed penalty notice;

“proceedings” means proceedingsbefore a Magistrate.

21

81. (1) Where a constable has reason tobelieve that a person is committing or hascommitted a traffic violation, the constablemay issue the driver with a fixed penaltynotice that offers the driver theopportunity to pay the fixed penalty withinthe time specified in the fixed penaltynotice and discharge of any liability for thetraffic violation or to file a notice to contestwhere the driver is desirous of contestingthe fixed penalty notice issued to him.

(2) Where a constable finds a vehicleon any occasion and has reason to believethat a traffic violation is being or has beencommitted in respect of that vehicle, theconstable may affix a fixed penalty noticeto any part of the vehicle where the fixedpenalty notice may be easily seen and forthe purposes of this Part, the affixed fixedpenalty notice shall be deemed to havebeen served upon the person liable for thetraffic violation.

(3) Notwithstanding any law to thecontrary, the owner of a vehicle on which afixed penalty notice was affixed undersubsection (2) shall be presumed to be theperson liable for the traffic violation andshall be required to either pay the fixedpenalty within the time specified in thefixed penalty notice or to file a notice tocontest where the owner is desirous ofcontesting the fixed penalty notice affixed.

(4) A fixed penalty notice affixed to avehicle under subsection (2) shall not beremoved or interfered with except by, orunder the authority of the driver of thevehicle or the person liable for the trafficviolation.

22

(5) A person who contravenes sub-section (4) commits an offence and is liableon summary conviction to a fine of threethousand dollars.

(6) Where a fixed penalty notice hasbeen issued or affixed under this section,the police officer in charge of the policestation for the district in which the fixedpenalty notice was issued shall send aduplicate of the fixed penalty notice to theLicensing Authority within seven workingdays from the date of issue or affixing ofthe fixed penalty notice.

82. (1) A fixed penalty notice issued oraffixed under section 81, shall bear thesignature of the constable and shallspecify—

(a) the date, time and place that thefixed penalty notice was issued oraffixed;

(b) the section of the written lawcreating the traffic violation andsuch particulars of the trafficviolation as are required forproceedings under this Act or theSummary Courts Act;

(c) the time within which the fixedpenalty may be paid in accordancewith section 83(1);

(d) the amount of the fixed penalty;(e) the payee to whom the fixed

penalty may be paid;(f) the applicable number of demerit

points for the traffic violation asspecified in the Fourth Column ofthe Ninth Schedule;

23

(g) that the person may contest thefixed penalty notice by filing anotice to contest in accordancewith section 85; and

(h) the date, time and address of theCourt at which the person isrequired to appear in the eventof filing a notice to contest inaccordance with section 85.

(2) A notice under this Part shall bein the form approved by the LicensingAuthority and published in the Gazette.

83. (1) Where a fixed penalty notice hasbeen issued or affixed under section 81, thedriver or owner of the vehicle, as the casemay be, shall, unless he files a Notice toContest, pay the fixed penalty withinthirty days from the date that the fixedpenalty notice was issued or affixed, orsuch longer period as the Minister may byOrder prescribe.

(2) Subject to section 88K, where afixed penalty is paid in accordance with afixed penalty notice, a person shall not beliable to any sanction for the trafficviolation in respect of which the fixedpenalty notice was issued or affixed.

(3) Payment of a fixed penalty undersubsection (1) shall be—

(a) accompanied by the fixed penaltynotice issued under section 81; and

(b) paid to a payee as prescribed bythe Minister under section 88D.

84. The fixed penalty for a trafficviolation shall be the amount specified inthe Third Column of the Ninth Schedule.

24

85. (1) Where a person is desirous ofcontesting a fixed penalty notice, he shallfile a notice to contest with a payee withinfifteen days from the date that the fixedpenalty notice was issued or affixed.

(2) Notwithstanding subsection (1) aperson may at any time within the periodspecified in the fixed penalty notice for thepayment of the fixed penalty pay the fixedpenalty in accordance with section 83 andthe matter shall be removed from the list ofhearing at the Court.

86. Where a Notice to Contest has beenfiled, the constable shall immediatelytransmit to the Clerk, in the district inwhich the traffic violation is alleged tohave been committed, a copy of the fixedpenalty notice.

87. Proceedings in respect of a trafficviolation for which a fixed penalty noticewas issued or affixed shall not be listed fortrial in Court unless—

(a) a notice to contest has been filed inaccordance with section 85 withinfifteen days from the date that thefixed penalty notice was issued oraffixed; and

(b) a period of two months has elapsedfrom the last day on which thefixed penalty is payable and thereis no record that the fixed penaltywas paid in accordance withsection 83.

25

87A. (1) Where any person ischarged with manslaughter or offencecommitted by use of a motor vehicleas a weapon or with contravening theprovisions of section 70 or section 71,it shall be lawful for the LicensingAuthority to order the suspension ofthe driving permit of the person socharged pending the determination ofthe charge.

(2) Any such permit sosuspended under subsection (1) shallbe surrendered to the Clerk of theCourt before which the person socharged is to appear.

(3) Where the Court makes anOrder for suspension of a person’sdriving permit this Order shall bereviewed on every occasion that thematter is listed.

88. (1) Where a notice to contest is filedwithin the period specified in the fixedpenalty notice, the constable who issued oraffixed the fixed penalty notice shall benotified and shall be required to attendCourt on the date, time and address of theCourt as specified in the fixed penaltynotice.

(2) Notwithstanding section 44 of theSummary Courts Act, where a person filesa notice to contest and does not appearbefore the Court on the date and timespecified in the fixed penalty notice, theMagistrate shall not issue a warrant forthe arrest of the person but may proceed exparte to hear the matter and adjudicatethereon as fully and effectually as if theperson had personally appeared before theCourt.

26

88A. (1) Where a fixed penalty noticewas issued or affixed and the driver orowner, as the case may be, does not pay thefixed penalty and does not file a Notice toContest, in accordance with this Act—

(a) he shall be liable to pay to a payee,the fixed penalty plus one-quarterof the amount of that fixed penalty;and

(b) the applicable number of demeritpoints for the traffic violation shallbe recorded against his drivingpermit record.(2) Where the driver or owner, as

the case may be, does not pay the sumrequired under subsection (1) withinfourteen days of the date on which itbecame payable, he shall be liable to paythe fixed penalty plus one-half of theamount of the fixed penalty.

(3) Where the driver or owner, asthe case may be, fails to pay the requiredsums in accordance with this section, theLicensing Authority may suspend thedriving permit of the driver or owner, asthe case may be, or cease all transactionsin relation to the motor vehicle which wasinvolved in the commission of the trafficviolation or with the driver or owner of thesaid motor vehicle, as the case may be.

88B. (1) Where section 88A of the Actbecomes applicable, the LicensingAuthority shall issue a notice, in writing,to the driver or owner, as the case may be,indicating that—

(a) the fixed penalty specified in thefixed penalty notice was not paid;

27

(b) a Notice to Contest in respect ofthe traffic violation was not filed;

(c) the applicable number of demeritpoints for the traffic violation, asspecified in the Fourth Column ofthe Ninth Schedule was recordedagainst his driving permit;

(d) the sum stated in section 88A(1)(a)has become due for payment;

(e) it intends to impose the sanctionsspecified at section 88A(3), whichwould be lifted upon the paymentof the applicable penalty; and

(f) he has fourteen days, from the dateof receipt of the notice, to showcause, in writing, why theLicensing Authority should notimpose the intended sanctions.

88C. (1) A driver or owner, as the casemay be, may show cause, as stated insection 88B, why the Licensing Authorityshould not impose the sanctions specifiedin section 88A(3).

(2) After consideration ofrepresentations made by the driver orowner, as the case may be, pursuant tosubsection (1), the Licensing Authoritymay impose any combination of sanctionsspecified in section 88A(3), or decline toimpose any sanctions and require thedriver to pay the applicable sum due undersection 88A.

(3) The Licensing Authority shallinform the driver or owner, as the case maybe, of its decision, in writing, as soon aspossible.

28

(4) The Licensing Authority shallimmediately lift any sanction imposedunder this section upon the payment of theapplicable sum specified in section 88A.

88D. (1) The Minister may from time totime by Order—

(a) add any traffic violation to theNinth Schedule and prescribein respect of that trafficviolation a fixed penalty notexceeding seventy-five percent of the fine prescribed forthe traffic violation;

(b) remove any traffic violation fromthe Ninth Schedule;

(c) alter the fixed penalty for anytraffic violation listed in theNinth Schedule to an extentthat the fixed penalty asaltered does not exceedseventy-five per cent of thefine prescribed for the trafficviolation;

(d) add, alter or remove thenumber of demerit points inrespect of any trafficviolation;

(e) prescribe the methods and payeesfor payment of a fixed penalty; and

(f) add to, or remove from the EighthSchedule the name of anyCorporation or public body.(2) An Order made under

subsection (1) shall be subject to negativeresolution of Parliament.

29

PART VIALEGAL PROCEEDINGS, DEMERIT POINTS,

SUSPENSION AND CANCELLATION OF

DRIVING PERMITS

88E. Upon the trial of a person who isindicted for manslaughter in connectionwith the driving of a motor vehicle by him,it shall be lawful for the jury, if they aresatisfied that he is guilty of an offenceunder section 71, to find him guilty of thatoffence, whether or not the requirements ofsection 73 have been satisfied as respectsthat offence.

88F. (1) Where a person is charged withan offence under section 70 or section 71Aand the Court determines that the offenceis not proved, then, at any time during thehearing or immediately thereafter, theCourt may, without prejudice to any otherdirection or order that may be made, director allow a charge for an offence undersection 72 to be preferred against thedefendant and may thereupon proceedwith that charge.

(2) A defendant under subsection(1) or his Attorney-at-law shall be informedof the new charge and be given anopportunity, whether by way of cross-examining any witness whose evidence hasalready been given against the defendantor otherwise, of answering the new charge,and the Court shall, if it considers that thedefendant is prejudiced in his defence byreason of the new charge being preferred,adjourn the hearing.

30

88G. (1) Where a person is convicted ofan offence under section 70, 70A, 71, or71A and an order has been imposed for thedisqualification of the person from holdingor obtaining a driving permit for a statedperiod or permanently and where theperson holds a driving permit, the Courtbefore which the person is convicted shallrequire him to produce the permit andupon the making of an order ofdisqualification, shall forfeit the permitand return it to the Licensing Authority.

(2) A person who is disqualifiedfrom holding or obtaining a driving permitunder subsection (1) may, after theexpiration of six months from the date ofthe disqualification, apply to the Court bywhich he was disqualified to remove thedisqualification.

(3) Where an application forremoval of the disqualification fromholding or obtaining a driving permit ismade under subsection (2) the Court may,as it thinks proper, having regard to thecharacter of the person disqualified and hisconduct subsequent to the disqualification,the nature of the offence and any othercircumstances of the case either by order,remove the disqualification as from thedate specified in the order or refuse theapplication.

(4) Where an application is refusedunder this section a further applicationshall not be made within six months fromthe date of the refusal.

(5) Particulars of a conviction ordisqualification or of the removal of adisqualification under this Act shall befurnished to the Transport Commissioner.

31

(6) The costs of any applicationreferred to in this section may be borne inwhole or in part by the applicant, as theCourt may order.

(7) In this section, “driving permit”includes a provisional permit.

88H. A person who, by virtue of an orderof a Court under section 88F is disqualifiedfrom holding or obtaining a driving permitmay appeal against the order in the samemanner as against a conviction, and theCourt may, if it thinks fit, pending theappeal, suspend the operation of the order.

88I. Where a person who holds adriving permit is convicted of an offenceunder section 70, 70A, 71, or 71A,the Court may in order to impose anappropriate penalty, require the TransportCommissioner to produce for its inspectionthe offender’s Record of Conviction.

88J. (1) The Licensing Authority shall,for the purpose of administering demeritpoints, establish and maintain a register tobe known as “the Demerit Points Register”.

(2) All demerit points recordedagainst the driving permit record of aperson for an offence or a traffic violationshall be duly recorded by the LicensingAuthority in the Demerit Points Register.

(3) The contents of the DemeritPoints Register shall, for the purposes ofall proceedings in a Court, be prima facieevidence of all information containedtherein and extracts of the Demerit PointsRegister purporting to be certified as suchby the Transport Commissioner, shall beadmissible in evidence in Court.

32

88K. (1) Subject to subsection (2), wherea person is convicted for an offence or atraffic violation listed in the First Columnof the Ninth Schedule that carries demeritpoints, the demerit points as prescribed inthe Fourth Column in the Ninth Schedulefor that offence or traffic violation shall berecorded against the driving permit recordof the person so convicted.

(2) Where a person appeals againstconviction under subsection (1), no demeritpoints shall be recorded against the drivingpermit record of the person unless theconviction is confirmed on appeal.

(3) Where a fixed penalty notice isissued under section 81 for a trafficviolation that carries demerit points—

(a) the fixed penalty for the trafficviolation is paid in accordance withthe requirements of the fixedpenalty notice; or

(b) the time specified for the paymentof the fixed penalty has expiredand a notice to contest was notfiled by the driver or owner withinthe specified time,

the number of demerit points as prescribedin the Fourth Column of the NinthSchedule for the traffic violation shall berecorded against the driving permit recordof the person.

88L. (1) Subject to subsection (2), wherea person is charged with more than onetraffic violation or served with more thanone fixed penalty notice for trafficviolations that carry demerit points andthose traffic violations arise out of oneincident and that person—

(a) is convicted of two or more of thetraffic violations for which he wascharged; or

33

(b) has made payment in respect oftwo or more of the traffic violationsfor which he was issued a fixedpenalty notice,

he shall be liable to have recorded againsthis driving permit record, demerit pointsfor the traffic violation that carries thehighest number of demerit points andwhere the traffic violations carry an equalnumber of demerit points, the person shallbe liable to have recorded against hisdriving permit record, demerit points foronly one traffic violation.

(2) Where a person is charged for atraffic violation under this Act thatinvolves—

(a) a failure to comply with theindication given by a traffic lightsignal under section 66A; or

(b) exceeding the specified speed limit,that person shall be liable to haverecorded against his driving permitrecord the demerit points prescribedfor both traffic violations in addition tothe highest number of demerit pointsfor any other traffic violation arisingout of the same incident.

88M. (1) Where a newly licensed driveror the holder of a provisional permitaccumulates seven or more demerit pointswithin a period of twelve months from thedate of issue of the driving permit or theprovisional permit, the LicensingAuthority shall disqualify that person fromholding or obtaining a driving permit for aperiod of one year.

34

(2) Where a person who holds adriving permit for more than twelvemonths, accumulates within a period ofthree years—

(a) ten or more but less than fourteendemerit points, the LicensingAuthority shall disqualify thatperson from holding or obtaining adriving permit for a period of sixmonths;

(b) fourteen or more but less thantwenty demerit points, theLicensing Authority shalldisqualify that person fromholding or obtaining a drivingpermit for a period of one year; or

(c) twenty or more demerit points, theLicensing Authority shalldisqualify that person fromholding or obtaining a drivingpermit for a period of two years.(3) The Licensing Authority shall,

before disqualifying a person undersubsection (2), give that person notice inwriting of its intention to do so, and shallspecify a date not less than fourteen daysafter the date of the notice, upon which thesuspension shall be made and call upon theperson to show cause why he should not bedisqualified.

(4) Where a person fails to showcause under subsection (3) and theLicensing Authority after taking intoconsideration any facts in mitigation,decides to disqualify that person fromholding or obtaining a driving permit, theAuthority shall forthwith, in writing,notify that person of the disqualification.

35

(5) A disqualification imposedunder this section shall not take effectuntil the expiration of fourteen days afterthe Licensing Authority has informed theperson of the disqualification.

(6) Where a person has beendisqualified from holding or obtaining adriving permit under this section, thatperson shall, within fourteen days of beinginformed of the disqualification, surrenderhis driving permit to the LicensingAuthority.

(7) A person who fails tosurrender his driving permit to theLicensing Authority as required undersubsection (6), commits an offence and isliable to a fine of five thousand dollars andfurther disqualification for an additionalperiod of one year.

(8) Where the disqualificationperiod under this section expires, alldemerit points recorded against thedriving permit record of the person shall beexpunged.

(9) A person who is disqualifiedfrom holding or obtaining a driving permitunder this section may, within fourteendays of the receipt of the notice undersubsection (4), appeal to a Court ofcompetent jurisdiction against thatdecision and the decision of that Courtshall be final.

(10) For the purposes of sub-section (1), “newly licensed driver” means aperson who is the holder of a drivingpermit for a period of twelve months or lessfrom the date of issue.

36

88N. (1) A driving permit suspended bya Court or by the Licensing Authorityshall, during the period of suspension, be ofno effect.

(2) A person whose driving permitis suspended, or who is declared by a Courtor by the Licensing Authority to bedisqualified from holding or obtaining adriving permit, shall, during the period ofsuspension or disqualification, not applyto the Licensing Authority to have hispermit reissued unless the period ofdisqualification has expired or is removedunder section 88M(8).

(3) A person who is disqualifiedfrom holding or obtaining a driving permitmay be reissued with a driving permit bythe Licensing Authority where he—

(a) participates in a driver’srehabilitation programmeapproved by the LicensingAuthority;

(b) passes a driving test; and(c) pays the prescribed fee for the

re-issue of the driving permit.(4) A person who contravenes

subsection (2) commits an offence and isliable to a penalty of ten thousand dollars.

88O. (1) Subject to subsection (2), wheredemerit points have been recorded againstthe driving permit record of a person andtwo continuous years have elapsedwithout additional demerit points beingrecorded, the demerit points recordedagainst that person’s driving permit recordshall be expunged.

37

(2) Where a person is disqualifiedby an order of a Court from holding orobtaining a driving permit, any demeritpoints recorded against the driving permitrecord of that person shall be expunged.

(3) The Licensing Authority shallhave responsibility for calculating thethree-year period prescribed undersubsection (1) and in calculating theperiod, shall not take into account anyperiod of suspension or disqualification byvirtue of an order of the Court or anywritten law.

88P. (1) The Minister may from time totime by Order, prescribe the traffic viola-tions specified in the First Column of theNinth Schedule that will carry doubledemerit points and the period duringwhich the imposition of the double demeritpoints shall apply.

(2) An Order made undersubsection (1) shall be published at leastfive days prior to the commencement of aprescribed period in the Gazette and in atleast one daily newspapers circulating inTrinidad and Tobago.

(3) For the purposes of this section,“prescribed period” means any period notexceeding ten consecutive days.

88Q. Where a person who, under thisPart, is disqualified from holding orobtaining or has been refused fromobtaining a driving permit, withintent to deceive—

(a) applies for a permit; or(b) obtains a permit

38

while so disqualified, he is liable to afine of two thousand dollars andimprisonment for six months.

36. Section 91 of the Act is amended—

(a) in subsection (1), by deleting the words “orto imprisonment for six months”;

(b) in subsection (2), by deleting the words “orto imprisonment for six months”; and

(c) in subsection (3), by deleting the words“shall be guilty of an offence under this Act”and substituting the words “is liable to afine of three thousand dollars”.

37. Section 93(1) of the Act is amended by insertingafter the word “commits” the words “a traffic violationor”.

38. Section 94 of the Act is amended by deleting thewords “and to imprisonment for six months”.

39. Section 96(1) of the Act is amended by deletingthe words “is guilty of an offence unless the offence” andsubstituting the words “or traffic violation is liableunless the offence or traffic violation”.

40. Section 97(2) of the Act is amended by deletingthe words “is guilty of an offence and”.

41. Section 98(1) of the Act is amended by insertingafter the word “offence” wherever it occurs, the words“or traffic violation”.

42. Section 106 of the Act is amended by insertingafter the word “fine” the words “of fifteen hundreddollars for each traffic violation and a fine”.

39

Section ConditionNotification of destroyed or permanentlyunserviceable vehicles or vehicles that have beenremoved from Trinidad and Tobago.

Registration of transfer within fourteen days ofchange of possession of a vehicle.

Vehicle to be used in compliance with itsregistration.

Windscreen or window of motor vehicle not to obscureview of inside of the vehicle from outside.

Motor vehicle to be fitted with seatbelts.

Failure of a driver and any passenger seventeenyears and over to wear a seat belt while thevehicle is in motion.

Driving a vehicle with a person in the front seatwho is not wearing a seat belt.

Children under the age of five years to beproperly restrained in motor vehicle.

15(2)

19(6)

21

23(1B)

43B(2)

43C(1)

43C(1A)

43D

43. Section 107(4) of the Act is amended by deletingthe words “or to imprisonment for three months”.

44. Section 108(1)(a) of the Act is amended bydeleting the words “or to imprisonment for threemonths”.

45. Section 111(4) of the Act is amended by deletingthe word “criminal” in the first place where it occurs.

46. The Fourth Schedule of the Act is amended initem 2(2), by deleting the words “guilty of an offence andliable on conviction” and substituting the word “liable”.

47. The Act is amended by inserting after the SixthSchedule, the following Schedules:

“SEVENTH SCHEDULE

(Section 20B)

BREACH OF CONDITION CONSTITUTING A TRAFFIC VIOLATION

40

41

SEVENTH SCHEDULE—CONTINUED

Section ConditionInstructor to be holder of valid driving permit andgive instructions to persons with a validprovisional permit.Person to be physically fit to be the holder of adriving permit.Person driving to be in possession of his drivingpermit while driving.Holder of driving permit from another country tohave his travel document showing date of arrivalwhile driving.

Driving within prescribed speed limits.

Take part in race or trial of speed with written per-mission of the Commissioner of Police.

Comply with traffic signs.

Comply with Orders of the Minister in respect of one-way roads and parking of motor vehicles.Comply with traffic direction.Comply with traffic light signal.

Comply with experimental traffic schemes.

Comply with Orders of the Commissioner of Police inrespect of the prohibition or restriction of traffic onroads.

Person on motorcycle not to ride abreast of eachother, not to hold on to another moving vehicle andnot to carry unauthorized persons.

Driver not to distribute or allow the distribution ofadvertisements from a moving vehicle.

Person not to park in space adjoining or attached to apublic building unless granted permission.

Remove vehicle parked in contravention of Act at thedirection of police officer.

FourthSchedule Pay required motor vehicle tax.

46

48

56

56A

64

65

6666A

67

68

77

78

107

108(1)(a)

62

63

42

EIGHTH SCHEDULE

(Section 80)

PUBLIC BODIES ALLOWED TO ISSUE FIXED PENALTY NOTICES

Airport Authority

Public Transport Service Corporation

The Chaguaramas Development Authority

The National Hospital Management CompanyLimited

NINTH SCHEDULE

(Sections 80, 82, 84, 88B, 88D, 88K, 88P)

FIXED PENALTY AND DEMERIT POINTS

FirstColumn

SecondColumn

ThirdColumn

FourthColumn

Description ofTraffic violation

or Offence

RelevantSection/Regulation

FixedPenalty

$

DemeritPoints

1. Using or altering amotor vehicle ortrailer for apurpose notauthorised by theregistration orLicensingAuthority

Motor Vehiclesand Road TrafficAct, Chap. 48:50,section 21(1)(b)

1,000.00 3

2. Public ServiceVehicle carryingexcesspassengers

Motor Vehiclesand Road TrafficAct, Chap. 48:50,section 21(1)(c)

750.00 3

3. Goods vehiclecarrying excessweight

Motor Vehiclesand Road TrafficAct, Chap. 48:50,section 21(1)(c)

750.00 3

43

FirstColumn

SecondColumn

ThirdColumn

FourthColumn


or Offence


FixedPenalty

$

DemeritPoints

4. Use of motorvehicle with thewindscreen orany other windowfitted with glassso tinted, treatedor darkened as toobscure the viewof the inside ofthe vehicle fromoutside

Motor Vehiclesand Road TrafficAct, Chap. 48:50,section 23(1)(d)

2,000.00

5. Use of motorvehicle underdealer’s licenceby a person otherthan a dealer

Motor Vehiclesand Road TrafficAct, Chap. 48:50,section 39

1,000.00 3

6. Driving whiledisqualified fromholding orobtaining adriving permit


14

7. Riding MotorCycle withoutsafety helmet

Motor Vehiclesand Road TrafficAct, Chap. 48:50,section 43(1)

1,000.00 4

8. Failure of a driverand anypassengerseventeen yearsand over to weara seat belt whilethe vehicle is inmotion

Motor Vehiclesand Road TrafficAct, Chap. 48:50,section 43C(1)

1,000.00 4

9. Driving a vehiclewith a person inthe front seat whois not wearing aseat belt

Motor Vehiclesand Road TrafficAct, Chap. 48:50,section 43C(1A)

1,000.00 4

NINTH SCHEDULE—CONTINUED

44

FirstColumn

SecondColumn

ThirdColumn

FourthColumn


or Offence


FixedPenalty

$

DemeritPoints

10. Driving a vehiclewith a child in thefront seat who isfive years andunder

Motor Vehiclesand Road TrafficAct, Chap. 48:50,section 43D(1)(a)

1,000.00 4

11. Failing to place achild who is fiveyears and underin a childrestraint orbooster seat in thevehicle whiledriving thevehicle

Motor Vehiclesand Road TrafficAct, Chap. 48:50,section 43D(1)(b)

1,000.00 4

12. Offences ofdrivinginstructor


2,000.00 9

13. Exceeding thespecified speedlimit—

by 1 to 9 km perhour

by 10 to 20 kmper hour

by 21 to 30 kmper hour

by 31 km or moreper hour


1,000.00

1,500.00

2,000.00

3,000.00

0

2

4

6

14. Motor racing andspeed trialsbetween motorvehicles withoutpermission


1,000.00 6


45

FirstColumn

SecondColumn

ThirdColumn

FourthColumn


or Offence


FixedPenalty

$

DemeritPoints

15. Traffic Signs Motor Vehiclesand Road TrafficAct, Chap. 48:50,section 64

1,000.00 3

16. Breach of TrafficOrder made bythe Minister


1,000.00 3

17. Failing to complywith directive ofa police constable

Motor Vehiclesand Road TrafficAct, Chap. 48:50,section 66(a)

1,000.00 3

18. Failing to complywith a trafficsign or noticeauthorised by theLicensingAuthority orCommissioner ofPolice,respectively.

Motor Vehiclesand Road TrafficAct, Chap. 48:50,section 66(b)

1,000.00 3

19. Failing to complywith a trafficlight signal

Motor Vehiclesand Road TrafficAct, Chap. 48:50,section 66A

1,000.00 3

20. Failing to complywith a trafficlight signalcaptured underPart VA


1,000.00

21. Contravention ofTraffic Ordermade by theCommissioner ofPolice


1,000.00 3


46

FirstColumn

SecondColumn

ThirdColumn

FourthColumn


or Offence


FixedPenalty

$

Demerit Points

22. Breach ofparkingrestriction madeby the Minister


1,000.00 3

23. Driving whenunder theinfluence of drug


9

24. Driving or beingin charge of avehicle whileblood alcohollevels exceedprescribed limit


9

25. Failure to pro-vide a specimenof breath orblood

Motor Vehiclesand Road TrafficAct, Chap. 48:50,section 70B

14

26. Failure to submitbreath analysisor wilfulalternation ofconcentration ofalcohol in hisbreath or blood

Motor Vehiclesand Road TrafficAct, Chap. 48:50,section 70C

14

27. Careless Driving Motor Vehiclesand Road TrafficAct, Chap. 48:50,section 72

6


47

FirstColumn

SecondColumn

ThirdColumn

FourthColumn


or Offence


FixedPenalty

$

DemeritPoints

28. Motor Cyclistholding ontoanother movingvehicle

Motor Vehiclesand Road TrafficAct, Chap. 48:50,section 77(2)(a)

750.00 2

29. Motor Cyclistriding with nohands on thehandle bar


750.00 2

30. Throwing ordistributingadvertisements orhandbills from avehicle.


300.00

31. Standing for hireat a place notappointed for thepurpose


750.00 3

32. Unauthorisedparking ongrounds of apublic building


750.00 2

33. Defaced ordefectiveidentificationplate

Motor Vehiclesand Road TrafficAct, Chap. 48:50,Regulation 7

450.00 3

34. No identificationplate fixed to thefront or back ofthe vehicle


750.00 3

35. No identificationlights for theillumination ofidentificationmarks on vehicleat night


300.00 2


48

FirstColumn

SecondColumn

ThirdColumn

FourthColumn


or Offence


FixedPenalty

$

DemeritPoints

36. Failing to observerestrictions onpedestriancrossings

Motor Vehiclesand Road TrafficAct, Chap. 48:50,Regulations 16, 17and 18

1,200.00

37. Number ofpassengers to becarried notprinted on rightfront door of taxi

Motor Vehiclesand Road TrafficAct, Chap. 48:50,Regulation 17(a)

300.00

38. Failure toproduce a vehiclefor inspection/Driving a vehiclewithout a validinspection stickerand certificate

Motor Vehiclesand Road TrafficAct, Chap. 48:50,Regulation 27(11)

1,000.00 9

39. No Tare andM.G.W. paintedon vehicles

Motor Vehiclesand Road TrafficAct, Chap. 48:50,Regulation28(1)(h)

1,000.00

40. Vehicle withdefective fittings

Motor Vehiclesand Road TrafficAct, Chap. 48:50,Regulation28(1)(i)

450.00 2

41. Vehicle withoutsilencers orfitted with cutouts

Motor Vehiclesand Road TrafficAct, Chap. 48:50,Regulation28(1)(j)

300.00 3

42. Unauthorisedlights to front orrear of vehicle

Motor Vehiclesand Road TrafficAct, Chap. 48:50,Regulation 28(1)(k)

750.00 3


49

FirstColumn

SecondColumn

ThirdColumn

FourthColumn


or Offence


FixedPenalty

$

DemeritPoints

43. Unauthorisedletters andfigures onvehicle

Motor Vehiclesand Road TrafficAct, Chap. 48:50,Regulation 28(1)(l)

750.00

44. Vehicle withouttwo head lamps

Motor Vehiclesand Road TrafficAct, Chap. 48:50,Regulation28(1)(m)(i)

1,000.00 2

45. Vehicle withoutpark lights

Motor Vehiclesand Road TrafficAct, Chap. 48:50,Regulation28(1)(m)(ii)

1,000.00 3

46. Vehicle withouttail lights

Motor Vehiclesand Road TrafficAct, Chap. 48:50,Regulation28(1)(m)(iii)

1,000.00 3

47. Vehicle withunauthorisedspot or swivellights

Motor Vehiclesand Road TrafficAct, Chap. 48:50,Regulation28(1)(m)(iv)

1,000.00 4

48. No “left handdrive” noticeaffixed toappropriatevehicle


300.00

49. Reversing onroads for anunreasonabledistance

Motor Vehiclesand Road TrafficAct, Chap. 48:50,Regulation 38,Rule 1

750.00 3

50. Reversing at thejunction of roadsor around cornerin the City ofPort-of-Spain orSan Fernando


1,000.00 2


50

FirstColumn

SecondColumn

ThirdColumn

FourthColumn


or Offence


FixedPenalty

$

DemeritPoints

51. Quitting vehiclebefore applyingbrakes andswitching offengine

Motor Vehiclesand Road TrafficAct, Chap.48:50,Regulation 38,Rule 3

1,000.00

52. Failing to keepvehicle to lefton road

Motor Vehiclesand Road TrafficAct, Chap.48:50,Regulation 38,Rule 5(1)

1,000.00

53. Improperovertaking onthe left side ofthe road

Motor Vehiclesand Road TrafficAct, Chap. 48:50,Regulation 38,Rule 5(3)

1,000.00 3

54. Obstructingovertakingtraffic


1,000.00 3

55. Improperovertaking onthe right,cutting in


1,000.00 3

56. Overtakingtraffic at a placedangerous to doso


1,000.00 3

57. Parking withinnine metres of acorner


500.00


51

FirstColumn

SecondColumn

ThirdColumn

FourthColumn


or Offence


FixedPenalty

$

DemeritPoints

58. Drawing upalongside anothervehicle; backingmotor vehicle tokerb or roadside


500.00

59. Parking withinthree metres of afire hydrant


500.00 2

60. Parking withinthree metres ofthe front of a firestation


1,000.00 2

61. Negligently orwilfullyinterrupting thefree passage orcausing anunnecessaryobstruction


600.00 3

62. Failing to drawup as close aspossible to theside of the road


300.00

63. Vehicle withouthorn


300.00 3


52

FirstColumn

SecondColumn

ThirdColumn

FourthColumn


or Offence


FixedPenalty

$

DemeritPoints

64. Permittingexcess sparks,smoke or visiblevapour to comefrom vehicle


1,000.00

65. Vehicle carryingexcessive projec-tion


750.00 2

66. Overcrowdedvehicle


1,000.00 3

67. Carrying personsin a dangerousmanner


1,000.00 3

68. Leaving broken-down vehicle onroad unattended


500.00

69. Failing to drawup vehicle forpassage of anyengine or otherapparatus of theFire Service,Police Vehicles,Defence ForceVehicles orAmbulances.


1,000.00 3


53

FirstColumn

SecondColumn

ThirdColumn

FourthColumn


or Offence


FixedPenalty

$

DemeritPoints

70. Towing otherthan a motorvehicle withoutwrittenpermission of theLicensingAuthority


600.00 2

71. Length of towrope exceedingfive metres


450.00

72. Vehicle withoutreflecting mirror


750.00 2

73. Vehicle carryingunsecured load


750.00 2

74. Use of noisyvehicle


300.00 2

75. Use of vehiclewith defectivetyres


1,000.00 3

76. Use of vehiclewith no wind-shield wiper ordefective wiper


300.00 2


54

FirstColumn

SecondColumn

ThirdColumn

FourthColumn


or Offence


FixedPenalty

$

DemeritPoints

77. Playing a musicalor noisy instru-ment in a vehiclewithoutpermission of theLicensingAuthority


1,000.00

78. Driving vehicleon footpath orpavement


1,000.00 3

79. Public Servicevehicle withoutspare tyre

Motor Vehiclesand Road TrafficAct, Chap. 48:50,Regulation 76(J)

750.00

80. Public Servicevehicleimportuning ofpassenger


750.00

81. Taxi Driverunsuitablyattired


750.00

82. Placing ofadvertisement onside of window oftaxi


300.00

83. Taxi unattendedat head of taxistand


600.00

84. Failing to occupyvacant space intaxi stand


750.00


55

FirstColumn

SecondColumn

ThirdColumn

FourthColumn


or Offence


FixedPenalty

$

DemeritPoints

85. Parking in apublic standappointed fortaxi


750.00

86. Stopping orparking ordriving a motorvehicle on asurveillance bay

Motor Vehiclesand Road TrafficAct, Chap. 48:50,Regulation110A(2)

1,000.00 3

87. Failing topreserve taxidriver’s badgeagainst loss,destruction ordefacement


300.00

88. Failing toproduce taxidriver’s badgeand licence ondemand


450.00 2

89. Use of PriorityBus Route byunauthorisedvehicle

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

2,000.00 6

90. Using or causingto be used orpermitting aperson to use amotor vehicle orlicenced trailer ona public roadwithout a validpolicy ofinsurance

Motor VehiclesInsurance (Third-Party Risks) Act,Chap. 48:51section 3

1,000.00 3


56

FirstColumn

SecondColumn

ThirdColumn

FourthColumn


or Offence


FixedPenalty

$

DemeritPoints

91. Unauthoriseddriving orparking withinQueen’s ParkSavannah

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

1,000.00

92. Operation ofmaxi-taxis out-sidespecified route

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

1,000.00 3

93. Vehicle paintedin such amanner as to bemistaken for amaxi-taxi

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

1,000.00 3

94. Driving whileholding or usinga hand heldmobile device

Motor Vehiclesand Road Traffic(Mobile Devices)Regulations,Chap. 48:50Regulation 4

1,000.00 3

95. Holding or usinga hand heldmobile devicewhilesupervising theholder of aprovisionalpermit

Motor Vehiclesand Road Traffic(Mobile Devices)Regulations,Chap. 48:50,Regulation 5

1,000.00 3


57

FirstColumn

SecondColumn

ThirdColumn

FourthColumn


or Offence


FixedPenalty

$

DemeritPoints

96. Using a wirelesscommunicationdevice to view,send or composean electronicmessage whiledriving or havingcharge of avehicle

Motor Vehiclesand Road Traffic(Mobile Devices)Regulations,Chap. 48:50,Regulation 7

1,000.00 3


48. The Motor Vehicles and Road Traffic(Enforcement and Administration) Act is repealed.

49. The subsidiary legislation made under the Act, asset out in the First Column of the Schedule, areamended to the extent set out in the Second Column ofthat Schedule.

SCHEDULE 1

(Section 49)

AMENDMENTS TO SUBSIDIARY LEGISLATION UNDER THE MOTORVEHICLES AND ROAD TRAFFIC ACT

SubsidaryLegislation Amendment

Motor Vehiclesand RoadTrafficRegulationsG 1.6.44

1. In regulation 21(6), delete the words“guilty of an offence” and substitute the word“liable”.

2. In regulation 27(9), delete the words “isguilty of an offence” and substitute the words“would be liable”.

3. In regulation 27(10), delete the words “onsummary conviction” and the words “orimprisonment for one year”.

”

58

SCHEDULE 1—CONTINUED


4. In regulation 27(11), delete the words“commits an offence and is liable on summaryconviction,” and substitute the words “is liable”.

5. In regulation 27(12), delete the words“commits an offence and is liable on summaryconviction to imprisonment for one year and” andsubstitute the words “is liable to”.

6. In regulation 27B(5), delete the words“commits an offence and”.

7. In regulation 27B(6), delete the words“commits an offence and is liable on summaryconviction to imprisonment for one year and” andsubstitute the words “is liable to”.

8. In regulation 39, delete the words “guiltyof an offence” and substitute the words “liableunder these Regulations”.

9. In regulation 43, delete the words “guiltyof an offence” and substitute the word “liable”.

10. Repeal regulation 49 and substitute thefollowing regulation:

49. A person who playsor operates any instrument,television, video, radio, tapedeck, compact disc player,amplifier, equaliser, or speakeror other electrical or electronicequipment for the purpose ofplaying music or otherelectrically or electronicallytransmitted sounds, in a motorvehicle, to the annoyance of anyresident or person in a street or ofany person in a place to whichthe public is admitted or hasaccess, without the writtenpermission of the Licensing

“Prohibition onplaying of musi-cal or noisyinstruments ina motor vehicle

59



Authority, is liable under theseRegulations and the driver of amotor vehicle who permits a per-son to contravene this regulationshall also be liable under theseRegulations.”.

11. In regulation 84(2), delete the words “onsummary conviction to a penalty” and substitutethe words “to a fine”.

12. In regulation 85(2), delete the words “shallbe guilty of an offence” and substitute the words“is liable under these Regulations”.

13. In regulation 110A(4), delete the words“on summary conviction to a fine of fifteenhundred dollars and imprisonment for threemonths” and substitute the words “to a fine offifteen hundred dollars”.

14. In regulation 123(2), delete the words“guilty of an offence against” and substitute thewords “liable under”.

15. In Form 1 of the First Schedule, delete thewords “N.B. – It is an offence under the Act togive any particulars which are not correct andyou will be liable to prosecution if you do so.”.

16. In Form 4 of the First Schedule, delete thewords “It is an offence under the Act to give anyparticulars which are false or in any materialrespect misleading and you will be liable toprosecution if you do so.”.

17. In Form 12 of the First Schedule, deletethe words “It is an offence under section 94 of theMotor Vehicles and Road Traffic Act, Ch. 48:50,for any person to “make any statement which tohis knowledge is false, or in any material respectmisleading”, and the penalty on conviction is$240 or six months hard labour or to both suchfine and imprisonment.”.

60



Road Traffic(ProhibitedParking) OrderGN 206/1979

In clause 3, delete the words “on summaryconviction to a fine of five hundred dollars or toimprisonment for three months” and substitutethe words “to a fine of five hundred dollars”.

MiscellaneousRoads(UnilateralParking) OrderGN 207/1979


MiscellaneousRoads(UnilateralAlternateParking) OrderGN 208/1979


Private MotorCars (ParkingPlaces) OrderGN 214/1979


Public Stands(Taxis)Parking OrderGN 212/1979


Public Stands(MotorOmnibuses)Parking OrderGN 213/1979


Goods VehiclesStandsParking OrderGN 215/1979


Parking onDual Carriage-ways OrderGN 216/1979


61



Queen’s ParkSavannahParking OrderGN 73/1966


IndependenceSquare(Parking ofVehicles)OrderGN 220/1979


South Quay(Parking ofVehicles)OrderGN 219/1979


Broadway(Parking ofVehicles)OrderGN 218/1979


One-wayTraffic OrderGN 211/1979


Eastern MainRoad TrafficOrderGN 58/1976


BeethamHighwayOrderGN 60/1976


Public Stand(Maxi-Taxi)Parking OrderLN 141/1981

In clause 5, delete the words “on summaryconviction to a fine of one hundred dollars or toimprisonment for three months” and substitutethe words “to a fine of one hundred dollars”.

62



Traffic ControlTaxi StandLocation OrderLN 113/1988

In clause 10, delete the words “guilty of anoffence and is liable on summary conviction to afine of five hundred dollars or to imprisonmentfor three months” and substitute the words“liable to a fine of five hundred dollars”.

Port-of-SpainTransit Centre(Taxi Stand)OrderLN 226/1997


Port-of-SpainTransit Centre(Public ServiceVehicleStation)RegulationsLN 227/1997

1. In regulation 14, delete the words “shallbe guilty of an offence and liable on summaryconviction to a fine of five hundred dollars for afirst offence and one thousand dollars for eachsubsequent offence” and substitute the words “isliable to a fine of five hundred dollars for a firsttraffic violation and to a fine of one thousanddollars for each subsequent violation”.

2. In Form 1 of the Schedule, delete thewords “N.B.—It is an offence under the MotorVehicles and Road Traffic Act, Ch. 48:50 to giveany particulars which are not correct and youwill be liable to prosecution if you do so.”.

3. In Form 3 of the Schedule, delete thewords “N.B.: It is an offence under the MotorVehicles and Road Traffic Act, Ch. 48:50 to giveany particulars which are false or in anymaterial respect misleading and you will beliable to prosecution if you do so.”.

4. In Form 4 of the Schedule, delete thewords “N.B.: It is an offence under the MotorVehicles and Road Traffic Act, Ch. 48:50 to giveany particulars which are not correct and youwill be liable to prosecution if you do so.”.

63



Priority BusRoute (TrafficControl) OrderLN 99/1988

In clause 8, delete the words “is guilty of anoffence and is liable on summary conviction to afine of five hundred dollars or to imprisonmentfor three months” and substitute the words “isliable to a fine of five hundred dollars”.

Priority BusRoute (SpecialRoads Toll)RegulationsLN 75/1988

In regulation 8, delete the words “is guilty of anoffence and liable on summary conviction to afine of two hundred and fifty dollars” andsubstitute the words “is liable to a fine of twohundred and fifty dollars”.

Motor Vehiclesand RoadTraffic (MobileDevices)RegulationsLN 281/2010

1. In regulation 4(2), delete the words“commits an offence and is liable on summaryconviction to a fine of one thousand, five hundreddollars or to imprisonment for three months” andsubstitute the words “is liable to a fine of onethousand, five hundred dollars”.



Passed in the Senate this 21st day of February ,2017.

Clerk of the Senate

I confirm the above.

President of the Senate

Passed in the House of Representatives this 20th dayof Febru ary , 2017.

Clerk of the House

I confirm the above.

Speaker

64

No.1

of2017

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