second session eleventh parliament republic of republic of ... · to a fine of two hundred dollars...

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, to provide 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

[Assented to 27th July, 2017]

Second Session Eleventh Parliament Republic of Trinidad and Tobago

REPUBLIC OF TRINIDAD AND TOBAGO

Act No. 9 of 2017

[L.S.]

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 in the appropriate alphabetical order, the following definitions:

“ “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 entity appointed in accordance with section 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 in accordance with section 20B;”.

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

2A. Section 64 of the Interpretation Actdoes not apply to a traffic violation.”.

Section 2 amended

New section 2Ainserted

Interpretation

Chap. 48:50

Enactment

Short title

Commencement

“Non-appli-cation of section 64 ofInterpretationActChap. 3:01

236 No. 9 Motor Vehicles and Road Traffic (Amendment) 2017

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 upon summary 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 20,the following new Part:

“PART IIATRAFFIC VIOLATIONS

20A. (1) It is hereby declared that compliance 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 that compliance 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 10A amended

Section 15 amended

Section 19 amended

New Part IIA inserted

No. 9 Motor Vehicles and Road Traffic (Amendment) 2017 237

20B. The breach of a condition specifiedin the Seventh Schedule by the holder of a driving permit or owner of a vehicle constitutes a traffic violation and the holder 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 traffic

violation under this Act, the standard ofproof shall be on a balance of probabilities.”.

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

11. Section 23(1B) of the Act is amended by deletingthe words “commits an offence and is liable on summary 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 “upon conviction”; 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 on summary 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 thousand dollars for any subsequent traffic violation”.

Section 23 amended

Section 42 amended

Section 21 amended

Standard ofproof

Commissionof a trafficviolation

Section 43B amended


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

“commits an offence and is liable on summary conviction to a fine of two thousand 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 one thousand 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 after conviction 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 violation continues”.

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

Section 43D amended

Section 48 amended

Section 46 amended

Section 56 amended

Section 56A amended


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 the following subparagraph:“(ii) failed to comply with sub-

section (1)”;(b) in subsection (6E)(b)(iii), by deleting the

word “offence”, wherever it occurs, andsubstituting the words “traffic violation”;

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

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

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

(iii) in paragraph (d), by deleting the words “the accused” and substituting the words “the person”;

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

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

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

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)” and substituting the words “a traffic violationunder this section”;

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

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

under subsection (5)” and substituting 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 to imprisonment for six months” and substituting the words “six thousand dollars”; 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”;

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 on summary conviction”.

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

the words “other than a traffic light signal”; and

(b) by deleting the words “is liable on summary 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 traffic violation thereafter”.

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

66A. (1) A person driving or propelling a vehicle, who fails to comply with the indication 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.

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 traffic violation 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 three thousand, 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 on summary 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

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” and substituting the words “on summary conviction to a fine of two thousand dollars”; 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 Authority undersection 79G;

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

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

“fixed penalty” means the penalty prescribed under section 84;

Section 78 amended

New Part VA inserted

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 the authenticity of photographicimages or video recordingsobtained with a red-light camera;

“notice to contest” means a Noticerequesting a hearing by a Court inrespect of a traffic violation indicating that the owner wishesto contest responsibility for thepayment of a fixed penalty as stated in the Citation Notice;

“red-light camera” means an electronicdevice, approved by the Ministerunder section 79B, for the purpose of capturing and producing photographic imagesand video recordings of traffic violations committed under section 66A.

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

(2) The Minister may by Orderapprove the red-light camera for the purposes of this Part.79C. A person who unlawfully interferes

with a red-light camera or its proper functioning commits an offence and isliable on summary conviction to a fine often thousand dollars.

Installation ofred-light camera

Unlawfulinterference


79D. (1) For the purposes of this Part,where a red-light camera captures a photographic 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 video

recording of a motor vehicle captured by a red-light camera shall be evidence—

(a) that the motor vehicle was used inthe commission of a traffic violation 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.

Ownerdeemedresponsible

Photographicimage or videorecording captured byred-light camera system


79F. (1) Where a red-light camera captures a photographic image or videorecording of the commission of a traffic violation under section 66A, an InspectionOfficer shall, within thirty days of the commission of the traffic violation, preparea citation notice to be served on each ownerof the motor vehicle involved in the com-mission 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 within thetime specified in the citation noticein accordance with section 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 the traffic violation;

(b) the section of the written law creating the traffic violation andsuch particulars of the traffic violation as are required for proceedings under the SummaryCourts Act;

(c) the photographic image showingthe commission of the traffic violation and the registration number of the motor vehicleinvolved in the commission of thetraffic violation;

Preparation ofcitation notice

Form ofcitationnotice


(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 in accordance with section 79I(1);

(h) that the owner may file a notice to contest in accordance with section 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 in accordance with section 79J.

79H. (1) A citation notice preparedunder section 79F shall be served on eachowner of a motor vehicle involved in a traffic 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 of residence or place of business ofthe owner or at any address furnished 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 ofresidence or business or any other

Service ofcitationnotice


address 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 of publication 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 electronically transmitted.79I. (1) Where service of a citation

notice has been effected in accordance withsection 79H, the owner of the motor vehicleshall, unless he files a notice of contest, paythe fixed penalty within forty-five daysfrom the deemed date of service undersection 79H(3) of the citation notice or suchlonger period as the Minister mayprescribe by Order.

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

(a) accompanied by the citation noticeserved 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 citation notice,no person shall be liable to any sanction forthe traffic violation in respect of which thecitation notice was served.

Payment offixed penalty


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 traffic violation in the citation notice, the ownermay file a notice to contest with a payeeprescribed by the Minister under section 88Dwithin thirty days from the deemed date ofservice of the citation notice.

(2) An owner may file a notice tocontest on the grounds that at the time thetraffic violation was committed—

(a) the motor vehicle was stolen; or(b) he is no longer the owner having

duly registered a change ofpossession of the motor vehicle inaccordance with 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 traffic

violation under section 66A, for which acitation notice was served, shall not belisted for trial in Court unless—

(a) a notice to contest has been filed bythe owner of the motor vehiclewithin thirty days from thedeemed date of service of thecitation notice in accordance withsection 79J; and

(b) a period of three months haselapsed from the last day on whichthe fixed penalty is payable and

Filing ofnotice tocontest

Proceedingsfor traffic violationunder section 66A


there 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, a certified copy of—

(a) the citation notice;(b) the notice to contest;(c) the photographic image or video

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

(d) proof of service of the citationnotice.

79M. In proceedings for a traffic violation 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 the information captured by a red-light camera;

(b) the red-light camera used to capture 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;

(d) the red-light camera was operatingaccurately at the time the

Transmissionof documentsto Court

Certificate ofInspectionOfficer


photographic image or videorecording was captured; and

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

is prima facie evidence of the matters stated in the certificate.79N. In proceedings for a traffic

violation under this Part, where the credential of an Inspection Officer is reasonably 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 to operate 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 traffic

violation 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 traffic

violation under this Part, the information that is sent to the Court undersection 79L shall be sufficient evidence tocall upon the person charged to answer.

(2) Notwithstanding any law to thecontrary, in proceedings for a traffic

Certificate ofCommissionerof Police

Evidence ofcondition ofred-light camera

No complainantin proceedings


violation under this Part, the Court shallnot require the presence of a complainant,but this shall not debar the person in receipt of the citation notice from summoning any person in his defence. 79Q. Notwithstanding section 44 of the

Summary Courts Act, where an ownerwho files a notice to contest does notappear before the Court at the date, timeand address specified in the citationnotice, the Magistrate shall not issue awarrant for the arrest of the owner, butmay proceed ex parte to the hearing of the matter, and adjudicate thereon as fullyand effectually as if the owner had personally appeared before the Court.79R. (1) Where an owner does not pay

the 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 paythe required sums in accordance with this section, the Licensing Authority may suspend the driving permit of the owner orcease all transactions in relation to themotor vehicle which was involved in the commission of the traffic violation or withthe owner of the said motor vehicle.

Magistrate toproceed exparte whereowner isabsent

Non-paymentof fixed penalty andfailure to filenotice to contest


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

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

(b) a notice to contest in respect of thetraffic 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 of representations made by an owner pursuant 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.

Imposition ofsanctions byLicensingAuthority

Notice toowner of possible sanctions


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

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

“PART VIFIXED PENALTY ENFORCEMENT

AND ADMINISTRATION80. For the purposes of this Part—

“Clerk” and “Court” have the meaningsassigned 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 penalty prescribed under section 84;

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

Part VIrepealedand Parts VIand VIAinserted

Definitions

Chap. 4:20

Chap. 15:01

Chap. 15:02

EighthSchedule

NinthSchedule


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

“proceedings” means proceedingsbefore a Magistrate.

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 the opportunity 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 under subsection (2) shall be presumed to be theperson liable for the traffic violation andshall be required to either pay the fixed penalty within the time specified in thefixed penalty notice or to file a notice tocontest where the owner is desirous of contesting the fixed penalty notice affixed.

Constablemay issuefixed penaltynotice


(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.

(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 police station 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 or

affixed under section 81, shall bear thesignature of the constable and shall specify—

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

(b) the section of the written law creating the traffic violation andsuch particulars of the traffic violation as are required for proceedings 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;

Contents offixed penaltynotice


(e) the payee to whom the fixed penalty may be paid;

(f) the applicable number of demeritpoints for the traffic violation asspecified in the Fourth Column ofthe Ninth Schedule;

(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 event of filing a notice to contest in accordance 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 has

been 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 within thirty 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 traffic violation 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

Payment offixed penalty


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

84. The fixed penalty for a traffic violation shall be the amount specified inthe Third Column of the Ninth Schedule. 85. (1) Where a person is desirous of

contesting 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 been

filed, 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 traffic

violation 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 with section 83.

Notice to contest to befiled

Listing of proceedings inrespect offixed penaltynotice

Transmissionof documentsto Court


Amount offixed penalty

87A. (1) Where any person is chargedwith manslaughter or offence committedby use of a motor vehicle as a weapon orwith contravening the provisions of section70 or section 71, it shall be lawful for theLicensing Authority to order the suspen-sion of the driving permit of the person socharged pending the determination of thecharge.

(2) Any such permit so suspended under subsection (1) shall besurrendered to the Clerk of the Courtbefore which the person so charged is toappear.

(3) Where the Court makes anOrder for suspension of a person’s drivingpermit this Order shall be reviewed onevery occasion that the matter is listed.88. (1) Where a notice to contest is filed

within 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 time specified 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 adjudicate thereon as fully and effectually as if theperson had personally appeared before theCourt.

Appearance ofparties in proceedingswhere noticeto contest wasfiled

Temporarysuspension ofpermitpendingdeterminationof charge


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) within fourteen 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 the driving 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 Act

becomes 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;

Non-paymentof fixed penalty andfailure to filenotice to contest

Notice to driver orowner of possible sanctions


(b) a notice to contest in respect of thetraffic 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 in section 88B, why the Licensing Authorityshould not impose the sanctions specifiedin section 88A(3).

(2) After consideration of representations 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 the driver 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.

Imposition ofsanctions byLicensingAuthority


(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 to

time by Order—(a) add any traffic violation to the

Ninth Schedule and prescribe inrespect of that traffic violation a fixed penalty notexceeding seventy-five per cent ofthe fine prescribed for the trafficviolation;

(b) remove any traffic violation fromthe Ninth Schedule;

(c) alter the fixed penalty for anytraffic violation listed in the NinthSchedule to an extent that thefixed penalty as altered does notexceed seventy-five per cent ofthe fine prescribed for the trafficviolation;

(d) add, alter or remove the number of demerit points inrespect of any traffic violation;

(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.

Minister mayby Order prescribe fixedpenalty trafficviolations


PART VIALEGAL PROCEEDINGS, DEMERIT POINTS, SUSPENSION AND CANCELLATION OF

DRIVING PERMITS88E. Upon the trial of a person who is

indicted 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 with

an 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 under section 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 informed ofthe new charge and be given an opportunity, 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.

Power to convict forreckless ordangerousdriving ontrial formanslaughter

Power to proceed oncharge forcareless driving onhearing ofcharge undersection 70 or71A


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 the person holds a driving permit, the Courtbefore which the person is convicted shallrequire him to produce the permit andupon the making of an order of disqualification, 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 the expiration 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 from holding 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 other circumstances 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 a disqualification under this Act shall be furnished to the Transport Commissioner.

Power ofCourt torequire a suspendedpermit be produced


(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 order

of 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 a

driving permit is convicted of an offenceunder section 70, 70A, 71, or 71A, the Court may in order to impose an appropriate 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 a person 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.

Right ofappeal

Production ofoffender’sRecord ofConviction

Establishmentof DemeritPointsRegister


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 the conviction is confirmed on appeal.

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

(a) the fixed penalty for the traffic violation 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), where

a person is charged with more than onetraffic violation or served with more thanone fixed penalty notice for traffic violations that carry demerit points and

Demeritpoints

Simultaneoustraffic violations


those traffic violations arise out of one incident and that person—

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

(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 his driving 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 the indication given by a traffic lightsignal under section 66A; or

(b) exceeding the specified speed limit,that person shall be liable to have recordedagainst his driving permit record thedemerit points prescribed for both trafficviolations in addition to the highest num-ber of demerit points for any other trafficviolation arising out of the same incident.88M. (1) Where a newly licensed driveror the holder of a provisional permit accumulates seven or more demerit pointswithin a period of twelve months from thedate of issue of the driving permit or the

Accumulationof demeritpoints and disqualifica-tion


provisional permit, the LicensingAuthority shall disqualify that person fromholding or obtaining a driving permit for aperiod of one year.

(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 that person from holding or obtaining adriving permit for a period of sixmonths;

(b) fourteen or more but less thantwenty demerit points, theLicensing Authority shall disqualify that person from holding or obtaining a driving permit for a period of one year; or

(c) twenty or more demerit points, theLicensing Authority shall disqualify that person from holding or obtaining a driving permit for a period of two years. (3) The Licensing Authority shall,

before disqualifying a person under subsection (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 into


consideration any facts in mitigation,decides to disqualify that person from holding or obtaining a driving permit, theAuthority shall forthwith, in writing, notify that person of the disqualification.

(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 been disqualified from holding or obtaining adriving permit under this section, that person shall, within fourteen days of beinginformed of the disqualification, surrenderhis driving permit to the LicensingAuthority.

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

(8) Where the disqualification period under this section expires, alldemerit points recorded against the driving 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 under subsection (4), appeal to a Court of competent jurisdiction against that decision 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 driving permit for a period of twelve months or lessfrom the date of issue.88N. (1) A driving permit suspended by

a 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 be disqualified from holding or obtaining adriving permit, shall, during the period of suspension or disqualification, not apply to the Licensing Authority to have his permit reissued unless the period of disqualification 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’s rehabilitation programmeapproved by the LicensingAuthority;

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

reissue 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), where

demerit points have been recorded againstthe driving permit record of a person andtwo continuous years have elapsed

Reissue ofdriving permitafter dis-qualification


Demeritpoints to beexpungedafter twoyears

without additional demerit points being recorded, the demerit points recordedagainst that person’s driving permit recordshall be expunged.

(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 thetwo-year period prescribed under subsection (1) and in calculating the period, shall not take into account anyperiod of suspension or disqualification byvirtue of an order of the Court or any written law.88P. (1) The Minister may from time to

time 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 under subsection (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 this

Part, is disqualified from holding or obtain-ing or has been refused from obtaining a

Double demerit points

Fraudulentapplication fordriving permit


driving permit, with intent to deceive—(a) applies for a permit; or (b) obtains a permit,

while so disqualified, he is liable to a fine oftwo thousand dollars and imprisonmentfor six months.”.

36. Section 91 of the Act is amended—(a) in subsection (1), by deleting the words “or

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

to 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 hundred dollars for each traffic violation and a fine”.

Section 93 amended

Section 96 amended

Section 94 amended

Section 97 amended

Section 98 amended

Section 106 amended

Section 91 amended


Section Condition

Notification of destroyed or permanently unserviceable 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 its registration.

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 seventeen yearsand over to wear a seat belt while the vehicle is inmotion.

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

Children under the age of five years to be properly 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 by deleting 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

Seventh, Eighth andNinth Schedulesinserted

Section 107 amended

Section 108 amended

Section 111 amended

Fourth Scheduleamended


SEVENTH SCHEDULE—CONTINUED

Section ConditionInstructor to be holder of valid driving permit andgive instructions to persons with a valid provisional permit.Person to be physically fit to be the holder of a driving permit.Person driving to be in possession of his driving permit 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 writtenpermission of the Commissioner of Police.Comply with traffic signs.Comply with Orders of the Minister in respect ofone-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

6465

6666A

67

68

77

78

107

108(1)(a)

62

63


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 a purpose not authorised by theregistration orLicensing Authority

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

1,000.00 3

2. Public ServiceVehicle carryingexcess passengers

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

750.00 3

3. Goods vehicle carrying excessweight

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

750.00 3


FirstColumn

SecondColumn

ThirdColumn

FourthColumn


Offence


FixedPenalty

$

DemeritPoints

4. Use of motor vehicle with thewindscreen or anyother window fittedwith glass so tinted,treated or darkenedas to obscure theview of the inside ofthe vehicle from outside

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

2,000.00

5. Use of motor vehicle under dealer’s licence bya person other thana dealer

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

1,000.00 3

6. Driving while disqualified fromholding or obtaining a driving permit


14

7. Riding Motor Cyclewithout safetyhelmet

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

1,000.00 4

8. Failure of a driverand any passenger seventeen years andover to wear a seatbelt while thevehicle is in motion

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

1,000.00 4

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

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

1,000.00 4

NINTH SCHEDULE—CONTINUED


FirstColumn

SecondColumn

ThirdColumn

FourthColumn


Offence


FixedPenalty

$

DemeritPoints

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

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

1,000.00 4

11. Failing to place achild who is fiveyears and under in achild restraint or booster seat in thevehicle while driving the vehicle

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

1,000.00 4

12. Offences of driving instructor


2,000.00 9

13. Exceeding the specified speedlimit—

by 1 to 9 km perhour



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 trials betweenmotor vehicles with-out permission


1,000.00 6



FirstColumn

SecondColumn

ThirdColumn

FourthColumn


Offence


FixedPenalty

$

DemeritPoints

15. Traffic Signs Motor Vehicles andRoad Traffic Act,Chap. 48:50, section 64

1,000.00 3

16. Breach of TrafficOrder made by theMinister


1,000.00 3

17. Failing to complywith directive of apolice constable

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

1,000.00 3

18. Failing to complywith a traffic signor notice authorised by theLicensingAuthority orCommissioner ofPolice, respectively.

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

1,000.00 3

19. Failing to complywith a traffic lightsignal

Motor Vehicles andRoad Traffic Act,Chap. 48:50, section 66A

1,000.00 3

20. Failing to complywith a traffic lightsignal capturedunder Part VA


1,000.00

21. Contravention ofTraffic Order made by theCommissioner ofPolice


1,000.00 3



FirstColumn

SecondColumn

ThirdColumn

FourthColumn


Offence


FixedPenalty

$

DemeritPoints

22. Breach of parking restriction made bythe Minister


1,000.00 3

23. Driving whenunder the influence of drug


9

24. Driving or being incharge of a vehiclewhile blood alcohol levels exceed prescribed limit


9

25. Failure to provide aspecimen of breathor blood

Motor Vehicles andRoad Traffic Act,Chap. 48:50, section 70B

14

26. Failure to submitbreath analysis orwilful alternationof concentration ofalcohol in hisbreath or blood

Motor Vehicles andRoad Traffic Act,Chap. 48:50, section 70C

14

27. Careless Driving Motor Vehicles andRoad Traffic Act,Chap. 48:50, section 72

6



FirstColumn

SecondColumn

ThirdColumn

FourthColumn


Offence


FixedPenalty

$

DemeritPoints

28. Motor Cyclist holding onto another movingvehicle

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

750.00 2

29. Motor Cyclist riding with nohands on the handle bar


750.00 2

30. Throwing or distributingadvertisements orhandbills from avehicle


300.00

31. Standing for hireat a place notappointed for thepurpose


750.00 3

32. Unauthorised parking on groundsof a public building


750.00 2

33. Defaced or defective identification plate

Motor Vehicles andRoad Traffic Act,Chap. 48:50,Regulation 7

450.00 3

34. No identificationplate fixed to thefront or back of thevehicle


750.00 3

35. No identificationlights for the illumination ofidentificationmarks on vehicle atnight


300.00 2



FirstColumn

SecondColumn

ThirdColumn

FourthColumn


Offence


FixedPenalty

$

DemeritPoints

36. Failing to observerestrictions onpedestrian crossings

Motor Vehicles andRoad Traffic Act,Chap. 48:50,Regulations 16, 17and 18

1,200.00

37. Number of passengers to becarried not printed on rightfront door of taxi

Motor Vehicles andRoad Traffic Act,Chap. 48:50,Regulation 17(a)

300.00

38. Failure to produce a vehicle forinspection/Driving avehicle without avalid inspectionsticker and certifi-cate

Motor Vehicles andRoad Traffic Act,Chap. 48:50,Regulation 27(11)

1,000.00 9

39. No Tare andM.G.W. painted onvehicles

Motor Vehicles andRoad Traffic Act,Chap. 48:50,Regulation 28(1)(h)

1,000.00

40. Vehicle with defective fittings

Motor Vehicles andRoad Traffic Act,Chap. 48:50,Regulation 28(1)(i)

450.00 2

41. Vehicle withoutsilencers or fitted with cut outs

Motor Vehicles andRoad Traffic Act,Chap. 48:50,Regulation 28(1)(j)

300.00 3

42. Unauthorisedlights to front orrear of vehicle

Motor Vehicles andRoad Traffic Act,Chap. 48:50,Regulation 28(1)(k)

750.00 3



FirstColumn

SecondColumn

ThirdColumn

FourthColumn


Offence


FixedPenalty

$

DemeritPoints

43. Unauthorised letters and figures on vehicle

Motor Vehicles andRoad Traffic Act,Chap. 48:50,Regulation 28(1)(l)

750.00

44. Vehicle withouttwo head lamps

Motor Vehicles andRoad Traffic Act,Chap. 48:50,Regulation 28 (1)(m)(i)

1,000.00 2

45. Vehicle withoutpark lights

Motor Vehicles andRoad Traffic Act,Chap. 48:50,Regulation 28(1)(m)(ii)

1,000.00 3

46. Vehicle without taillights

Motor Vehicles andRoad Traffic Act,Chap. 48:50,Regulation 28(1)(m)(iii)

1,000.00 3

47. Vehicle with unauthorised spotor swivel lights

Motor Vehicles andRoad Traffic Act,Chap. 48:50,Regulation 28(1)(m)(iv)

1,000.00 4

48. No “left hand drive”notice affixed to appropriate vehicle


300.00

49. Reversing on roadsfor an unreason-able distance

Motor Vehicles andRoad Traffic Act,Chap. 48:50,Regulation 38, Rule 1

750.00 3

50. Reversing at thejunction of roads oraround corner inthe City ofPort-of-Spain orSan Fernando

Motor Vehicles andRoad Traffic Act,Chap. 48:50,Regulation 38, Rule 1

1,000.00 2



FirstColumn

SecondColumn

ThirdColumn

FourthColumn


Offence


FixedPenalty

$

DemeritPoints

51. Quitting vehiclebefore applyingbrakes and switching offengine

Motor Vehicles andRoad Traffic Act,Chap. 48:50,Regulation 38,Rule 3

1,000.00

52. Failing to keepvehicle to left onroad

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

1,000.00

53. Improper overtaking on theleft side of the road


1,000.00 3

54. Obstructing overtaking traffic


1,000.00 3

55. Improper overtaking on theright, cutting in


1,000.00 3

56. Overtaking traffic at a place dangerous to do so


1,000.00 3

57. Parking withinnine metres of a corner


500.00



FirstColumn

SecondColumn

ThirdColumn

FourthColumn


Offence


FixedPenalty

$

DemeritPoints

58. Drawing up alongside anothervehicle; backingmotor vehicle tokerb or roadside


500.00

59. Parking withinthree metres of afire hydrant

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

500.00 2

60. Parking withinthree metres of thefront of a fire station


1,000.00 2

61. Negligently or wilfully interrupting thefree passage orcausing an unnecessaryobstruction


600.00 3

62. Failing to draw upas close as possibleto the side of theroad


300.00

63. Vehicle withouthorn


300.00 3



FirstColumn

SecondColumn

ThirdColumn

FourthColumn


Offence


FixedPenalty

$

DemeritPoints

64. Permitting excesssparks, smoke orvisible vapour tocome from vehicle


1,000.00

65. Vehicle carryingexcessive projection


750.00 2

66. Overcrowded vehicle


1,000.00 3

67. Carrying personsin a dangerousmanner


1,000.00 3

68. Leaving broken-down vehicle onroad unattended

Motor Vehicles andRoad Traffic Act,Chap.48:50,Regulation 38,Rule 18

500.00

69. Failing to draw upvehicle for passageof any engine orother apparatus ofthe Fire Service,Police Vehicles,Defence ForceVehicles orAmbulances.


1,000.00 3



FirstColumn

SecondColumn

ThirdColumn

FourthColumn


Offence


FixedPenalty

$

DemeritPoints

70. Towing other than amotor vehicle withoutwritten permissionof the LicensingAuthority


600.00 2

71. Length of tow ropeexceeding fivemetres

Motor Vehicles andRoad Traffic Act,Chap.48:50,Regulation 38,Rule 21

450.00

72. Vehicle withoutreflecting mirror


750.00 2

73. Vehicle carryingunsecured load


750.00 2

74. Use of noisy vehicle


300.00 2

75. Use of vehicle withdefective tyres


1,000.00 3

76. Use of vehicle withno windshieldwiper or defectivewiper


300.00 2



FirstColumn

SecondColumn

ThirdColumn

FourthColumn


Offence


FixedPenalty

$

DemeritPoints

77. Playing a musical ornoisy instrument ina vehicle without permission of theLicensing Authority


1,000.00

78. Driving vehicle onfootpath or pavement


1,000.00 3

79. Public Service vehicle withoutspare tyre

Motor Vehicles andRoad Traffic Act,Chap. 48:50,Regulation 76(j)

750.00

80. Public Service vehicle importuning of passenger


750.00

81. Taxi Driver unsuitably attired


750.00

82. Placing of advertisement onside of window oftaxi


300.00

83. Taxi unattended athead of taxi stand


600.00

84. Failing to occupyvacant space intaxi stand


750.00



FirstColumn

SecondColumn

ThirdColumn

FourthColumn


Offence


FixedPenalty

$

DemeritPoints

85. Parking in a public standappointed for taxi


750.00

86. Stopping or parking or driving a motorvehicle on a surveillance bay

Motor Vehicles andRoad Traffic Act,Chap. 48:50,Regulation 110A(2)

1,000.00 3

87. Failing to preserve taxi driver’s badgeagainst loss,destruction ordefacement


300.00

88. Failing to produce taxi driver’s badge andlicence on demand


450.00 2

89. Use of Priority BusRoute by unauthorised vehicle

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

2,000.00 6

90. Using or causing tobe used or permitting a person to use amotor vehicle orlicenced trailer on apublic road withouta valid policy of insurance

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

1,000.00 3



FirstColumn

SecondColumn

ThirdColumn

FourthColumn


Offence


FixedPenalty

$

DemeritPoints

91. Unauthoriseddriving or parking withinQueen’s ParkSavannah

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

1,000.00

92. Operation of maxi-taxis outside specified route

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

1,000.00 3

93. Vehicle painted insuch a manner asto be mistaken fora maxi-taxi

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

1,000.00 3

94. Driving whileholding or using ahand held mobiledevice

Motor Vehicles andRoad Traffic(Mobile Devices)Regulations,Chap. 48:50,Regulation 4

1,000.00 3

95. Holding or using ahand held mobiledevice while supervising theholder of a provisional permit

Motor Vehicles andRoad Traffic(Mobile Devices)Regulations,Chap. 48:50,Regulation 5

1,000.00 3



FirstColumn

SecondColumn

ThirdColumn

FourthColumn


Offence


FixedPenalty

$

DemeritPoints

96. Using a wirelesscommunicationdevice to view, sendor compose anelectronic messagewhile driving orhaving charge of a vehicle

Motor Vehicles andRoad Traffic (MobileDevices)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, are amended 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 “or imprisonment for one year”.

Chap. 48:52 repealed

Subsidiary legislationamended Schedule

”


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 the

following regulation:49. A person who plays

or operates any instrument, television, video, radio, tapedeck, compact disc player, amplifier, equaliser, or speakeror other electrical or electronicequipment for the purpose ofplaying music or other electrically 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 written permission of the Licensing

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




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 “shall

be 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 fifteen hundred dollars and imprisonment for threemonths” and substitute the words “to a fine of fifteen 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 the

words “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 the

words “It is an offence under the Act to give anyparticulars which are false or in any materialrespect misleading and you will be liable to prosecution if you do so.”.17. In Form 12 of the First Schedule, delete

the 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.”.




Road Traffic(ProhibitedParking) Order GN 206/1979

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

MiscellaneousRoads(UnilateralParking) Order GN 207/1979


MiscellaneousRoads(UnilateralAlternateParking) Order GN 208/1979


Private MotorCars (ParkingPlaces) Order GN 214/1979


Public Stands(Taxis)Parking Order GN 212/1979


Public Stands(MotorOmnibuses)Parking Order GN 213/1979


Goods VehiclesStandsParking Order GN 215/1979


Parking onDual Carriage-ways Order GN 216/1979





Queen’s ParkSavannahParking Order GN 73/1966


IndependenceSquare(Parking ofVehicles)OrderGN 220/1979


South Quay(Parking ofVehicles)Order GN 219/1979


Broadway(Parking ofVehicles)Order GN 218/1979


One-wayTraffic Order GN 211/1979


Eastern MainRoad TrafficOrder GN 58/1976


BeethamHighwayOrder GN 60/1976


Public Stand(Maxi-Taxi)Parking Order LN 141/1981

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




Traffic ControlTaxi StandLocation Order LN 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)Order LN 226/1997


Port-of-SpainTransit Centre(Public ServiceVehicleStation)Regulations LN 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 thousand dollars 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 any material 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.”.




Priority BusRoute (TrafficControl) Order LN 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)Regulations LN 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” and substitute the words “is liable to a fine of twohundred and fifty dollars”.

Motor Vehiclesand RoadTraffic (MobileDevices)Regulations LN 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 6th day of June, 2017.

B. CAESARClerk of the Senate (Ag.)

Passed in the House of Representatives this 23rd dayof June, 2017.

J. SAMPSON-MEIGUELClerk of the House


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

second session eleventh parliament republic of republic of ... · to a fine of two hundred dollars...

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