This Bill would amend the Road Traffic Act, Cap. 295 to make … · 2017-11-10 · obtain...

2017-10-20

OBJECTS AND REASONS

This Bill would amend the Road Traffic Act, Cap. 295 to make provision for

the registration of manufacturers of registration number plates;

the regulation of all terrain vehicles;

breathalyser testing;

disabled parking; and

related matters.

(a)

(b)

(c)

(d)

(e)

Explanatory Memorandum After page 40

http://barbadosparliament-laws.com/en/showdoc/cs/295

Arrangement of Sections

Short title

Amendment of section 2 of Cap. 295


Insertion of sections 10E and 10F into Cap. 295


Insertion of section 43A and 43B into Cap. 295

Insertion of Part IVA into Cap. 295



Insertion of section 69A into Cap. 295

Repeal and replacement of section 74 of Cap. 295




Insertion of sections 85A to 85I into Cap. 295

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

11.

12.

13.

14.

15.

2



Insertion of sections 89A and 89B into Cap. 295





Amendment of Second Schedule to Cap. 295

Amendment of Fourth Schedule to Cap. 295

Commencement

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

3

BARBADOS

A Bill entitled

An Act to amend the Road Traffic Act, Cap. 295 to make provision for theregistration of manufacturers of registration number plates, the regulation ofall terrain vehicles, breathalyser testing, disabled parking and for relatedmatters.

ENACTED by the Parliament of Barbados as follows:


Short title

This Act may be cited as the Road Traffic (Amendment) Act, 2017.


Section 2 of the Road Traffic Act, Cap. 295, in this Act referred toas the principal Act is amended in subsection (1) by

deleting the definitions of “all terrain vehicle”, ”driver”, owner”,“trailer” and “vehicle” ; and

substituting and inserting the following definitions in their respectivealphabetical order:

““ all terrain vehicle” means a recreational motorized vehicle that

is designed to travel on 3 or more low pressure tyres, has aseat designed to be straddled by the operator and hashandlebars for steering control;

is primarily designated to travel over unimproved terrain, butis capable of travelling on a public road; and

may be used for hire as a tour vehicle;

“carriageway” means the part of the highway that is improved, designedor primarily used for vehicular traffic, but does not include theshoulder of the highway;

“construction zone” means an area of a public road on whichconstruction, maintenance or repair work is being carried out;

“disabled parking permit” means a parking permit issued by theLicensing Authority pursuant to section 88A for use by a personwith a disability or an organisation or corporation engaged in thetransportation of persons with disabilities;

(a)

(b)

(c)

1.

2.

(a)

(b)

6


“drive” means

in relation to a motor vehicle, having control over thesteering, movement and propulsion of the motor vehicle; and

in relation to an animal, having control of the animal;

“driver” means a person driving a motor vehicle, and includes

a person in charge of a motor vehicle for the purpose ofdriving, where the vehicle is stationary on a road;

a person acting as a steersman of a motor vehicle; and

any person driving a vehicle or animal;

“driving licence” means

a licence referred to in section 61 authorising the holder todrive a motor vehicle on a road or highway, but does notinclude a learner’s permit; or

a licence or other authorisation granted to a person of anotherjurisdiction authorising that person to drive a motor vehicleon a road or highway other than solely for the purpose oflearning to drive;

“garage” means a place where motor vehicles are received for

storage;

inspection;

examination; or

repair,

whether compensation is paid or not;

“highway” includes a road, a common and public highway, an overpass,an underpass, carriageway, median strip, bridge, traffic island andany part of which is intended for and used by the general public

(a)

(b)

(a)

(b)

(c)

(a)

(b)

(a)

(b)

(c)

(d)

7

for the passage of vehicles, animals and pedestrians and includesall road reserves, nature strips, footpaths and cycle paths thereof;

“learner’s permit” means a permit issued under section 63;

“median strip” means the portion of a highway so constructed as toseparate traffic travelling in one direction from traffic travellingin the opposite direction or traffic travelling in the same directionby a physical barrier, or a raised or depressed, paved or unpavedseparation area that is not intended to allow the crossing ofvehicular movement;

“owner” means, in the case of a registered vehicle,

a person in whose name the vehicle is registered;

the person in charge or in possession of the motor vehiclewhere the registered owner is absent from Barbados;

the person in possession of the vehicle under a contract forhire purchase;

where there are several persons entitled to its immediatepossession, the person whose entitlement is paramount,

and for the purposes of Part IV includes a person in possession ofa motor vehicle under a contract for hire;

“parking” means the standing of a vehicle whether occupied or not,except when standing temporarily for the purpose of loading orunloading passengers or goods;

“registration number plate” means an identification plate which bearsthe registration number of a motor vehicle;

“trailer” means

a vehicle not having independent motor power that isdesigned to be drawn by a motor vehicle, but does not includea side-car attached to a motor cycle; or

(a)

(b)

(c)

(d)

(a)

8

a vehicle that is drawn by another motor vehicle on ahighway;

“vehicle” means

a carriage, wagon, cart, motor vehicle, bicycle, tricycle, van,handcart, sledge, truck, barrow, wheelchair or any othermachine for the carriage of goods or persons on land;

every conveyance capable of being propelled or drawn onwheels or tracks by any means;

where the context permits, an animal being driven orridden;”.

(b)

(a)

(b)

(c)


Section 10 of the principal Act is amended in subsection (4A) bydeleting the words “authorised by the Licensing Authority” and substitutingthe words “registered under section 10E”.

Insertion of sections 10E and 10F into Cap. 295

The principal Act is amended by inserting immediately after section10D, the following new sections:

“Registration of manufacturers of registration numberplates

Subject to section 10F, no person shall

manufacture registration number plates unless he isregistered under this section; or

obtain registration number plates from a manufacturer whois not registered under this section.

10E.(1)

(a)

(b)

3.

4.

9

A person who manufactures registration number plates is, onapplication to the Licensing Authority in such form as the LicensingAuthority approves and on payment to the Barbados Revenue Authorityof such fee as the Minister of Finance by order prescribes, entitled tobe registered as a manufacturer of registration number plates.

A person shall, upon making an application under subsection (2),furnish the Licensing Authority with

the name and address of the person, business or company tobe registered;

the certificate of registration issued under the Registration ofBusiness Names Act, Cap. 317 or the certificate ofincorporation issued under the Companies Act, Cap. 308 inthe case of a registered business or a company; and

any other relevant particulars that the Licensing Authoritymay require.

The Licensing Authority shall, on receiving proof of payment ofthe fee prescribed pursuant to subsection (2), issue a certificate ofregistration.

A certificate of registration issued in accordance with subsection(4) is valid for a period of one year from the date of issue.

The Licensing Authority shall keep a record of the manufacturersof registration number plates registered under this Act.

A manufacturer of registration number plates shall not issue anumber plate in respect of a motor vehicle to any person unless thatperson presents the following:

an identification card;

a valid driving licence;

(2)

(3)

(a)

(b)

(c)

(4)

(5)

(6)

(7)

(a)

(b)

10




a valid registration card evidencing payment of the relevanttax in respect of the motor vehicle; and

a valid certificate of insurance in respect of the motor vehicle.

A person who contravenes subsection (1) or (7) is guilty of anoffence and is liable on summary conviction to a fine of $1 000 or toimprisonment for a term of 12 months or to both.

Transitional provisions

Every person who is a manufacturer of registration numberplates at the commencement of the Road Traffic (Amendment) Act,2017 shall, within a period of 4 months after the date of commencement,comply with the requirements specified in section 10E.

A person shall be permitted to obtain registration number platesfrom a manufacturer who is not registered in accordance with section10E for a period of 4 months after the date of commencement of theRoad Traffic (Amendment) Act, 2017.”.

(c)

(d)

(8)

10F.(1)

(2)


Section 42 of the principal Act is amended by deleting subsection (2)and substituting the following:

A driver of a motor vehicle who does not have with him thecertificate of insurance at the time he is required to produce it, shallproduce it at the police station designated by the member of the PoliceForce or the transport inspector referred to in subsection (1), within 24hours of the date on which he was required to produce it.”.

“(2)

5.

11

Insertion of section 43A and 43B into Cap. 295

The principal Act is amended by inserting immediately after section43 the following new sections:

“Written-off vehicles

Where a motor vehicle that is registered under this Act andinsured is damaged in an accident, the motor vehicle becomes written-off when

the cost of repairing the motor vehicle is more than the valueof the motor vehicle and the owner of the vehicle decides notto repair the damage and to

keep the motor vehicle; or

sell or otherwise dispose of the motor vehicle; and

the insurance company with which the motor vehicle isinsured under a contract of insurance

pays an amount determined under the contract ofinsurance in relation to the damaged motor vehicle andacquires ownership of the motor vehicle; or

pays an amount determined under the contract ofinsurance in relation to the damaged motor vehicle lessits value as salvage and does not acquire ownership ofthe motor vehicle.

Where a motor vehicle is written-off pursuant to subsection (1),the insurance company shall register the particulars of the motor vehiclewith the Licensing Authority.

43A.(1)

(a)

(i)

(ii)

(b)

(i)

(ii)

(2)

6.

12

An insurance company shall, for the purpose of registering theparticulars of the motor vehicle pursuant to subsection (2), submit thefollowing information to the Licensing Authority:

the name and address of the owner of the motor vehicle;

the make and model of the motor vehicle;

the engine number and chassis number of the motor vehicle;and

the reason for the write-off.

An insurance company that fails to comply with the provisionsof this section is guilty of an offence and is liable on summaryconviction to a fine of $5 000 and in the case of a continuing offenceto a further fine of $500 for each day or part thereof during which theoffence continues after which a conviction is first obtained.

Notification of purchase of written-off vehicle

Where a person purchases a motor vehicle that has beenaccepted by an insurance company as a write-off, the insurancecompany shall submit to the Licensing Authority the name and addressof the purchaser no later than 14 days after the date of purchase of themotor vehicle.”.

(3)

(a)

(b)

(c)

(d)

(4)

43B.

Insertion of Part IVA into Cap. 295

The principal Act is amended by inserting immediately after Part IVthe following new Part:7.

13

“PART IVA

ALL TERRAIN VEHICLES

No driving of all terrain vehicles on public road or highway

Subject to section 60C, no person shall drive an all terrainvehicle on a public road or highway.

Driving licence

A person who drives an all terrain vehicle on a public roador highway shall

be the holder of a valid driving licence;

be over the age of 16 years; and

have been granted special permission by the LicensingAuthority.

Registration and insurance

Every owner of an all terrain vehicle shall register and insurethe vehicle in accordance with the provisions of sections 5 and 37 ofthis Act respectively.

Prohibitions

No person shall operate an all terrain vehicle

without due care and attention;

without reasonable consideration for other persons on theroad or highway;

at a speed greater than is reasonable and safe in thecircumstances and at a speed greater than 50 kilometres perhour;

60B.

60C.

(a)

(b)

(c)

60D.

60E.

(a)

(b)

(c)

14

with a passenger, unless the all terrain vehicle was designedby the original manufacturer of the vehicle for thetransportation of passengers;

at night without using the prescribed lights;

fitted with seat belts installed by the manufacturer of thevehicle, without using the seat belts in a properly adjustedand securely fastened manner while the vehicle is inoperation.

Rules of operation

Every driver of an all terrain vehicle shall

when approaching an oncoming vehicle, pass the vehicle onthe left;

yield the right of way to vehicles approaching from the right;

when overtaking another vehicle, pass the vehicle on theright;

yield the right of way to all pedestrians that are approachingso close as to present a hazard;

except when overtaking another vehicle, maintain a safefollowing distance behind any other vehicle;

when circumstances warrant, signal his intention to turn byusing signal lights, if the vehicle is equipped with them orhand signals as described in the Highway Code;

on being requested or signalled to do so by a member of thePolice Force, unit of the Department of EmergencyManagement, unit of the Defence Force, unit of the FireService, unit of the Prison Service sounding a bell, siren orflashing a lamp, immediately stop the all terrain vehicle.

(d)

(e)

(f)

60F.

(a)

(b)

(c)

(d)

(e)

(f)

(g)

15

Equipment

The driver of an all terrain vehicle and every passenger beingcarried on an all terrain vehicle shall wear a helmet and protection forthe eyes of the type prescribed by the Minister.

Records to be kept

Every person engaged in the business of renting all terrainvehicles shall keep a record, signed by each person to whom a vehicleis rented, containing the following particulars:

the registration number of each vehicle rented;

the name, national registration number or equivalentinformation of the person to whom each vehicle is rented;

the date and time at which the vehicle is rented;

the time during which the vehicle is in the possession of theperson to whom it is rented; and

any other information which the Licensing Authority mayrequire.

A record kept pursuant to subsection (1) shall be made availableto any member of the Police Force in uniform who wishes to inspect itin order to ascertain whether this Act and the regulations are beingcomplied with.

Offences

Every person who contravenes any provision in this Part isguilty of an offence and is liable on summary conviction to a fine of $1000 or to imprisonment for a term of 6 months or to both.”.

60G.

60H.(1)

(a)

(b)

(c)

(d)

(e)

(2)

60I.

16


Section 61 of the principal Act is amended in subsection (1) byinserting immediately before the words “driving licence” the word “valid”.



Subject to section 62, a driving licence shall not be issued orendorsed as valid to an applicant who is

under the age of 25 years, for the purpose of driving

a public service vehicle that is not a self-driven or hiredcar;

a motor tractor; or

a heavy goods vehicle; or

under the age of 18 years for the purpose of driving a self-driven or hired car.”.

“(1)

(a)

(i)

(ii)

(iii)

(b)


The principal Act is amended by inserting immediately after section69 the following new section:

“Random alcohol and drug testing for drivers of articulatedvehicles and public service vehicles

A person who applies for and is granted a licence to drivean articulated vehicle or a public service vehicle shall, as a condition69A.(1)

8.

9.

10.

17

of being granted the licence, be subject to random alcohol and drugtesting at the request of the Authority which issued the licence.

A test referred to in subsection (1) shall be carried out by amedical practitioner.”.(2)


Section 74 of the principal Act is deleted and the following issubstituted:

“Production of driving licence or identification card

The driver of a motor vehicle on a public road shall have hisdriving licence or a government-issued identification card in hispossession and produce it for examination on being required to do soby a member of the Police Force or a transport inspector in uniform, sothat the member of the Police Force or transport inspector is able toascertain

the name and address of the holder of the driving licence;

the identity of the driver of the motor vehicle; or

whether the driver of the motor vehicle is licensed to drivethat particular class of motor vehicle.

Where a driver of a motor vehicle does not produce his drivinglicence but produces an identification card to a member of the PoliceForce or a transport inspector in uniform, that driver shall produce hisdriving licence at the police station designated by the member of thePolice Force or the transport inspector within 24 hours of the date onwhich he was required to produce it.

74.(1)

(a)

(b)

(c)

(2)

11.

18

A person who contravenes subsection (1) or (2) is guilty of anoffence and is liable on summary conviction to a fine of $1 000 or toimprisonment for a term of 12 months or to both.”.

(3)



“Dishonoured cheques

The Licensing Authority may refuse to issue, renew orreplace a permit, licence or registration of a motor vehicle wherepayment made by cheque in respect of the permit, licence or registrationis dishonoured by the financial institution on which it is drawn.

The issuer of the cheque referred to in subsection (1) shall becharged an administrative fee of $50 by the Barbados RevenueAuthority for handling the dishonoured cheque.

Where a cheque is dishonoured, the Licensing Authority shallnotify the issuer and unless the outstanding payment is made within 7days of the date of notification, the permit, licence or registration willbe cancelled.

Where the amount of the outstanding payment is paid to theBarbados Revenue Authority within the 7 day period stipulated insubsection (3), the permit, licence or registration will be considered tobe valid.

No person shall be able to

renew a permit or driving licence; or

register a motor vehicle

76A.(1)

(2)

(3)

(4)

(5)

(a)

(b)

12.

19

where that person owes the Barbados Revenue Authority anoutstanding payment under this section.”.



“Speed limit in construction zones

No person shall drive a motor vehicle in a construction zoneat a speed greater than the speed specified in the regulations.

Where traffic control devices placed on a road or highway ateither end of a construction zone facing oncoming traffic indicate themaximum speed permissible in the construction zone, no person shalldrive a vehicle in the construction zone at a rate of speed greater thanthe speed indicated by the traffic control devices.

A person who contravenes subsection (1) or (2) is guilty of anoffence and is liable on summary conviction to a fine of $1 000 or toimprisonment for a term of 12 months or to both.

A person who contravenes subsection (1) or (2) shall pay, inaddition to the fine stated in subsection (3), where it is found that therate of speed at which the motor vehicle was driven is

less than 30 kilometres per hour over the maximum postedspeed limit, a fine of $50 for each kilometre per hour that themotor vehicle was driven over the maximum posted speedlimit;

30 kilometres per hour or more but less than 50 kilometresper hour over the maximum posted speed limit, a fine of $70for each kilometre per hour that the motor vehicle was drivenover the maximum posted speed limit;

84A.(1)

(2)

(3)

(4)

(a)

(b)

13.

20

50 kilometres per hour or more but less than 60 kilometresper hour over the maximum posted speed limit, a fine of $100for each kilometre per hour that the motor vehicle was drivenover the maximum posted speed limit; or

60 kilometres per hour or more over the maximum postedspeed limit, a fine of $200 for each kilometre per hour thatthe motor vehicle was driven over the maximum posted speedlimit.”.

(c)

(d)



“Driving or being in charge of a motor vehicle while underthe influence of a drug or alcohol

No person shall drive, attempt to drive or be in charge of amotor vehicle on a road or in any other public place while that person

is under the influence of drink or a drug to such an extent asto be incapable of having proper control of the motor vehicle;or

has consumed alcohol in such a quantity that the proportionin his breath or blood exceeds the prescribed limit.

A person who contravenes subsection (1) is guilty of an offenceand is liable on summary conviction

in the case of a first conviction, to a fine of $5 000 or toimprisonment for a term of 2 years, or both ; or

in the case of a second or subsequent conviction, to a fine of$10 000 or to imprisonment for a term of 5 years, or both.

85.(1)

(a)

(b)

(2)

(a)

(b)

14.

21

A person convicted of an offence under this section, unless thecourt for any special reason thinks fit to order otherwise, shall

in the case of a first conviction, be disqualified from holdingor obtaining a driving licence from the date of the convictionfor a period of 12 months;

in the case of a second conviction, be disqualified fromholding or obtaining a driving licence from the date of theconviction for a period of 5 years; and

in the case of a subsequent conviction, be permanentlydisqualified from holding or obtaining a driving licence.

Where there is an appeal against a conviction under this section,a period of disqualification runs from the date of the conviction if theappeal is dismissed or allowed; but, if the appeal is discontinued, aperiod of disqualification runs from the date of the discontinuance ofthe appeal.

For the purposes of this section, a person is unfit to drive if hisability to drive properly is for the time being impaired. ”.

(3)

(a)

(b)

(c)

(4)

(5)

Insertion of sections 85A to 85I into Cap. 295


“Approval of devices by the Minister

The Minister may, by order, approve the devices to be usedfor

the purpose of obtaining an indication of alcohol in a person’sbreath; and

85A.

(a)

15.

22

the quantitative measuring of the proportion of alcohol in aperson’s breath.

Breath test

Where a member of the Police Force in uniform hasreasonable cause to suspect that

a person driving or in charge of a motor vehicle on a road orother public place has alcohol in his breath in excess of theprescribed limit;

a person has been driving or attempting to drive or has beenin charge of a motor vehicle on a road or other public placewith alcohol in his breath in excess of the prescribed limitand the person still has alcohol in his breath; or

a person driving or in charge of a motor vehicle on a road orother public place committed a traffic offence while thevehicle was in motion,

the member of the Police Force may, subject to section 85G, requirethat person to provide a specimen of breath for a breath test.

The specimen of breath shall be provided at the place where therequirement is made or at the police station nearest to that place, as soonas is reasonably practicable after the member of the Police Force makesthe requirement.

The member of the Police Force shall warn every person who isrequired to provide a specimen in accordance with this section that afailure to do so may render that person liable to prosecution.

A person who, without reasonable excuse, fails to provide aspecimen of breath when required to do so is guilty of an offence andis liable on summary conviction to a fine of $1 000 or to imprisonmentfor a term of 6 months or to both.

(b)

85B.(1)

(a)

(b)

(c)

(2)

(3)

(4)

23

Breath analysis

Subject to section 85G, where the result of a breath testcarried out in accordance with section 85B indicates that there may bepresent in a person’s breath, a proportion of alcohol that is in excess ofthe prescribed limit, a member of the Police Force in uniform mayrequire that person to provide 2 specimens of breath for analysis.

The specimens of breath shall be provided the at the place wherethe requirement is made or at the police station nearest to that place, assoon as is reasonably practicable after the member of the Police Forcemakes the requirement.

Where 2 specimens of breath are provided for analysis, they shallbe suitable if

each specimen is sufficient to enable the analysis to be carriedout;

each specimen is provided in such a way as to enable theobjective of the analysis to be satisfactorily achieved; and

there is an interval of not less than 2 minutes and not morethan 10 minutes between the provision of specimens.

The reading from the specimen which indicates the lowerproportion of alcohol in the person’s breath shall be considered to bethe result of the breath analysis.

The member of the Police Force shall warn every person who isrequired to provide the specimens in accordance with this section thata failure to do so may render that person liable to prosecution.

A person who, without reasonable excuse, fails to provide 2specimens of breath when required to do so is guilty of an offence andis liable on summary conviction to a fine of $1 000 or to imprisonmentfor a term of 6 months or to both.

85C.(1)

(2)

(3)

(a)

(b)

(c)

(4)

(5)

(6)

24

Duty to provide written statement

A member of the Police Force shall, as soon as is practicableafter completing a breath analysis in accordance with section 85C,provide the person who provided the specimens of breath with a writtenstatement which shall include the following:

the date, time and place at which the specimen was taken;

the proportion of alcohol in the person’s breath as indicatedby the device referred to in section 85A(a); and

the proportion of alcohol determined by the analysis to bepresent in that person’s breath expressed in microgrammesof alcohol in one hundred millilitres of breath.

The statement referred to in subsection (1) shall be signed by themember of the Police Force.

Laboratory test

During the course of an investigation to determine whethera person contravened section 85, a member of the Police Force inuniform may require the person to provide a specimen of blood or urinefor a laboratory test if

a device of the type referred to in section 85A is not availableor it is, for any other reason, not practicable to use suchdevice; or

the member of the Police Force has reasonable cause tobelieve that, for medical reasons, the person is unable toprovide a specimen of breath,

but he shall not make the requirement where a breath analysis has beencarried out in accordance with section 85C, and the result of thatanalysis is available.

85D.(1)

(a)

(b)

(c)

(2)

85E.(1)

(a)

(b)

25

A specimen of blood or urine shall only be taken if

the person providing the specimen consents to the specimenbeing taken; and

the specimen is taken at a medical clinic, polyclinic orhospital by a medical practitioner.

The question whether it shall be a specimen of blood or aspecimen of urine shall be decided by the member of the Police Forcemaking the requirement, except where a medical practitioner hasexpressed a professional opinion that one type of specimen cannot orshould not be taken, in which case the other type of specimen shall betaken.

The specimen of blood or urine shall be provided as soon as isreasonably practicable after the member of the Police Force makes therequirement.

The member of the Police Force shall warn every person who isrequired to provide a specimen in accordance with this section that afailure to do so may render that person liable to prosecution.

A person who, without reasonable excuse, fails to provide aspecimen of blood or urine when required to do so is guilty of an offenceand is liable on summary conviction to a fine of $1 000 or toimprisonment for a term of 6 months or to both.

Accident resulting in serious injury or death

Notwithstanding section 85E(1), where an accidentinvolving a motor vehicle on a road or in any other public place resultsin serious injury or death, a member of the Police Force in uniformshall, subject to section 85G, require any person driving or in charge ofa motor vehicle involved in the accident to provide a specimen of bloodor urine for a laboratory test.

(2)

(a)

(b)

(3)

(4)

(5)

(6)

85F.(1)

26

The member of the Police Force shall determine whether aspecimen of blood or a specimen of urine is required, except where amedical practitioner has expressed a professional opinion that one typeof specimen cannot or should not be taken, in which case the other typeof specimen shall be taken.

The specimen of blood or urine shall

be provided as soon as is reasonably practicable after themember of the Police Force makes the requirement; and

be taken at a medical clinic, polyclinic or hospital by amedical practitioner.

The member of the Police Force shall warn every person who isrequired to provide a specimen under this section that a failure toprovide the specimen may render that person liable to prosecution.

A person who, without reasonable excuse, fails to provide aspecimen when required to do so pursuant to this section is guilty of anoffence and is liable on summary conviction to a fine of $1 000 or toimprisonment for a term of 6 months or to both.

Protection for hospital patients

A person who is at a hospital as a patient shall not be requiredto provide a specimen of breath for a breath test or a specimen of bloodor urine for a laboratory test, unless the medical practitioner in chargeof his case has been notified of the requirement.

Where a medical practitioner has been notified in accordancewith subsection (1), he may

comply with the requirement and the specimen shall be takenat the hospital; or

object to the requirement on the ground that the provision ofa specimen will be detrimental to the health, proper care or

(2)

(3)

(a)

(b)

(4)

(5)

85G.(1)

(2)

(a)

(b)

27

treatment of the patient, in which case the specimen shall notbe taken.

Arrest of persons affected by a drug or alcohol

A member of the Police Force may arrest, without a warrant,a person who is driving or in charge of a motor vehicle on a public roador in any other public place where

the results of a breath test indicate that the proportion ofalcohol in that person’s breath exceeds the prescribed limit;or

that person failed to provide a specimen of breath for a breathtest when required to do so and the member of the PoliceForce has reasonable cause to suspect that the person is underthe influence of drink or a drug,

but a member of the Police Force shall not arrest a person who is at ahospital as a patient.

Where a member of the Police Force exercises his power of arrestunder subsection (1)(b), he shall

consult a medical practitioner to determine whether theperson’s ability to drive is impaired by reason of drink or adrug as soon as is reasonably practicable after the arrest; and

act on the advice of the medical practitioner.

Interpretation

For the purposes of sections 85 to 85H,

“breath analysis” means the quantitative measuring of the proportionof alcohol in a person’s breath carried out by means of a deviceapproved by the Minister under section 85A;

85H.(1)

(a)

(b)

(2)

(a)

(b)

85I.

28

“breath test” means a preliminary test for the purpose of obtaining, bymeans of a device approved by the Minister under section 85A, anindication of whether the proportion of alcohol in a person’s breathexceeds the prescribed limit;

“drug” includes any intoxicant other than alcohol;

“fail” includes refuse;

“laboratory test”means the analysis of a specimen of blood or urinetaken by a medical practitioner for the purpose of indicating

the presence of a drug in a persons’s blood or urine; or

whether the proportion of alcohol in a persons’s blood orurine has exceeded the prescribed limit;

“prescribed limit” means, as the case may require,

35 microgrammes of alcohol in 100 millilitres of breath;

80 milligrammes of alcohol in 100 millilitres of blood; or

107 milligrammes of alcohol in 100 millilitres of urine,

or such other proportion as may be prescribed by regulations madeby the Minister.”.

(a)

(b)

(a)

(b)

(c)



“Duty not to litter a road or highway

No person shall, while travelling in a motor vehicle, throwlitter from the motor vehicle onto a road or highway.86A.(1)

16.

29

Where a person referred to in subsection (1) throws litter from amotor vehicle onto a road or highway and it cannot be determined bya member of the Police Force or a transport inspector as to who isresponsible for throwing the litter from the motor vehicle, the driver ofthe motor vehicle shall be deemed to be the person who threw the litteronto the road or highway.

A person who contravenes subsection (1) is guilty of an offenceand is liable on summary conviction to a fine of $200 or toimprisonment for a term of 3 months or to both.

For the purpose of this section “litter” includes paper, plasticitems, glass and metal.”.

(2)

(3)

(4)



“Disabled parking

No driver of a motor vehicle shall stop, stand or park a motorvehicle in a parking space that is designated for disabled parking by adisabled parking sign, unless the motor vehicle prominently displays avalid disabled parking permit issued by the Licensing Authority thatclearly indicates that the motor vehicle is

owned and operated by a person with a disability; or

used for the transportation of a person with a disability.

No driver of a motor vehicle shall stop, stand or park a motorvehicle in a manner which hinders the use of a dropped kerb unless

the driver is picking up or setting down a passenger who is aperson with a disability; or

88A.(1)

(a)

(b)

(2)

(a)

17.

30

the dropped kerb is attached to a residential property and thedriver has received the consent of an occupant of thatproperty.

A person who contravenes subsection (1) or (2) is guilty of anoffence and is liable on summary conviction to a fine of $500.

For the purposes of this section

“dropped kerb” means the portion of a sidewalk or pavement which hasbeen lowered to meet the level of the road to facilitate themovement of a person with a disability from the sidewalk orpavement to the road; and

“person with a disability” means a person whose mobility is limited asa result of a permanent or temporary disability that makes itimpossible or difficult for the person to walk.”.

(b)

(3)

(4)

Insertion of sections 89A and 89B into Cap. 295


“Abandoned vehicles

No person shall abandon a vehicle on a road or highway.

A vehicle that is left standing on a road or highway for more than24 hours is abandoned at that location.

A vehicle is not abandoned under subsection (2) where thatvehicle is parked in close proximity to a residential property

to facilitate access to the property by an occupant or visitor;and

does not obstruct other drivers, pedestrians or residents.

89A.(1)

(2)

(3)

(a)

(b)

18.

31

Removal of abandoned vehicle

The Chief Technical Officer or any person authorised by himshall take all reasonable steps to remove and where necessary providefor the safe custody of any motor vehicle where the vehicle is

abandoned pursuant to section 89A;

left unattended on a road or highway in a manner thatobstructs the normal movement of traffic for a period of morethan one hour;

parked on a road or highway in a manner that obstructs apolice officer, traffic warden, transport inspector or fireofficer in the course of his duty;

parked on a road or highway in contravention of this Act;

parked on a road, highway or public property and is notdisplaying any registration number plates, a registration card,valid registration number plates or a valid registration card;

parked on a road or highway and is in such a condition thatin the opinion of the Chief Technical Officer the motorvehicle constitutes or presents a potential hazard to personsor property.

Where a motor vehicle is removed from a road or highwaypursuant to subsection (1) and is kept in safe custody by or under thedirection of the Chief Technical Officer, the owner of the motor vehicleshall pay to the Barbados Revenue Authority

a fee of $200 for removing the motor vehicle from the roador highway; and

a fee of $100 per day for securing the motor vehicle in safecustody.

89B.(1)

(a)

(b)

(c)

(d)

(e)

(f)

(2)

(a)

(b)

32

The owner of a motor vehicle referred to in subsection (2) shallon the payment of the fees mentioned in that subsection receivepossession of the motor vehicle.

Where a motor vehicle is kept in safe custody and it

is in such a condition that in the opinion of the ChiefTechnical Officer it ought to be disposed of;

does not bear a valid registration card pursuant to section16(1);

does not bear registration number plates as required undersection 10; or

has no distinguishing marks by which the owner can identifythat the motor vehicle belongs to him,

the motor vehicle may be disposed of by the Chief Technical Officerafter it has been kept in safe custody for a period of 28 days.

A motor vehicle may be disposed of by or under the direction ofthe Chief Technical Officer after steps have been taken by him to findthe owner of the motor vehicle and the Chief Technical Officer hasfailed to find the owner or the owner has failed to comply with a noticewhich was

served on him by the Chief Technical Officer; or

published in the Official Gazette or in a daily newspapercirculated in Barbados,

requiring him to pay the fees due under subsection (2) and remove themotor vehicle within 21 days of the date of the notice.

Where, before a motor vehicle is disposed of by the ChiefTechnical Officer in pursuance of subsection (4), the motor vehicle isclaimed by a person who satisfies the Chief Technical Officer that he

(3)

(4)

(a)

(b)

(c)

(d)

(5)

(a)

(b)

(6)

33

is the owner and pays the sums specified by the Chief Technical Officerin respect of

removal and storage costs;

advertising costs; and

where applicable, any outstanding

road taxes in respect of that motor vehicle; and

driving licence fees,

the Chief Technical Officer shall permit that person to receivepossession of the motor vehicle within such period as may bespecified.”.

(a)

(b)

(c)

(i)

(ii)



Any disqualification imposed at the discretion of the Courtpursuant to subsection (1) shall not be limited to the driving of a motorvehicle of the same class or description as the vehicle in relation towhich the offence was committed but shall apply to all of the categoriesof driving licences which that person holds pursuant to sections 68 and69.”.

“(2)


The principal Act is amended by inserting immediately after section106 the following as section 106A:

19.

20.

34

“Suspension of public service vehicle permit

Where a public service vehicle is driven by a person who isnot the owner of the vehicle and that person is convicted of 2 offencesinvolving the same public service vehicle, the Transport Authority shallissue a warning letter to the owner of the public service vehicle,indicating that where the person is convicted of a third offenceinvolving that public service vehicle, the permit issued in respect of thevehicle shall be suspended for a period of 6 months.”.

106A.



“Issuance of the Highway Code by the Chief TechnicalOfficer

The Chief Technical Officer shall, within a reasonable timeafter the commencement of this Act, prepare a highway code, in thissection referred to as the “Code” containing such directions as appearto him to be proper for the guidance of persons using the road orhighway.

The Code may be revised and published every 5 yearscommencing from the year 2005.

The Chief Technical Officer shall cause the Code to be printedand issued to the public at such price as the Cabinet, by order publishedin the Official Gazette, determines.

Failure on the part of any person to observe the Code preparedpursuant to this section does not by itself render that person liable toprosecution but may in any proceedings, whether civil or criminal, be

119.(1)

(2)

(3)

(4)

21.

35

relied upon by any party to the proceedings as tending to establish ornegative the culpability or liability that is in question in thoseproceedings.

A Code prepared pursuant to subsection (1) is subject toaffirmative resolution.”.(5)


The principal Act is amended in subsection (1)by

deleting paragraph (t) and the following is substituted:

the safety, control and regulation of traffic whether on specialoccasions or otherwise, the use of vehicles of any class onany road and the conditions under which vehicles may beconstructed, maintained and used;”;

“(t)

inserting immediately after paragraph (t) the following newparagraphs:

the proportions of alcohol in specimens of breath, blood orurine that represent the prescribed limit;

disabled parking;

construction zones on a road or highway;

all terrain vehicles including

the examination and regulation of all terrain vehicles;

the specifications of all terrain vehicles;

the safety equipment required for use on all terrainvehicles;

the safety training required for persons driving allterrain vehicles;

“(u)

(v)

(w)

(x)

(i)

(ii)

(iii)

(iv)

22.

(a)

(b)

36

the use of all terrain vehicles on a highway; and

the use of all terrain vehicles in the Scotland DistrictArea;

the removal of abandoned vehicles from a road or highway;

the better carrying out of the provisions of this Act.”.

(v)

(vi)

(y)

(z)

Amendment of Second Schedule to Cap. 295

The Second Schedule to the principal Act is amended in paragraph(2) by

inserting immediately after subparagraph (a), the following newsubparagraph:

the font of the letters and figures must be Helvetica mediumor bold;”;

“(aa)

deleting subparagraph (c) and substituting the following:

each letter and figure must be 76.2 millimetres in height;”;“(c)

deleting subparagraphs (e), (f) and (g) and substituting the following:

the total width of the space occupied by a letter or figure,except in the case of the figure 1, must be at least 44.45millimetres but no more than 63.5 millimetres;

the space between adjoining letters or figures must be 12.7millimetres;

there shall be a margin between the nearest part of any letteror figure and the top and bottom of the plate of at least 12.7millimetres and between the nearest part of any letter or

“(e)

(f)

(g)

23.

(a)

(b)

(c)

37

figure and the sides of the plate of at least 25.4millimetres;”; and

deleting subparagraph (i) and substituting the following:

in the alternative diagram No. 2, the space between the letterand the figure shall be at least 25.4 millimetres but no morethan 38.1 millimetres.”.

“(i)

Amendment of Fourth Schedule to Cap. 295

The Fourth Schedule to the principal Act is amended by deletingPart III and substituting the following:

(d)

24.

38

“PART III

Vehicles owned by the Government of Barbados or a Statutory Board

COLUMN 1 COLUMN 2

USE LETTER OR SYMBOL

Vehicle owned by theGovernment of Barbados andassigned to the Governor-General

(a)

or GG

Vehicles owned by theGovernment of Barbados andassigned to GovernmentMinistries and Departments forthe business of the Government

(b)

MP

Vehicles owned by theGovernment of Barbados andassigned to the BarbadosDefence Force for the businessof the Force

(c)

D or 1-D to 10-D

Vehicles owned by a StatutoryBoard and used for the businessof the Board

(d)ML.

”.

Commencement

The amendments directed to be made to the principal Act by section18 of the Road Traffic (Amendment) Act, 2017 shall come into operation on adate to be fixed by proclamation.

25.

39

Read three times and passed the House of Assembly thisday of , 2017.

Speaker

Read three times and passed the Senate this day of , 2017.

President

40

ROAD TRAFFIC (AMENDMENT) ACT, 2017

EXPLANATORY MEMORANDUM

The Road Traffic Act came into force on 1st June, 1981 to establish, interalia, the duties of owners and drivers of motor vehicles and the standards thatshould be observed by road users. Following the last amendment to the Act in2009, a number of changes have become necessary. Such changes includetechnological and social advancements such as breathalyser testing anddesignated parking areas for persons with disabilities respectively. It has alsobecome necessary to provide for the regulation of all terrain vehicles, given therecent increase in the use of those vehicles on the public roads.

This clause provides the short title of the amending Act. It maybe cited as the Road Traffic (Amendment) Act, 2017.

This clause amends the interpretation section of the RoadTraffic Act, Cap. 295 (the Act), to delete and substitute theterms “all terrain vehicles”, ”driver”, owner”, “trailer” and“vehicle”. The clause also amends the interpretation sectionof the Act to define the terms “carriageway”, “constructionzone”, “disabled parking permit”, “drive”, “driving licence”,“garage”, “highway”, “learner’s permit”, “median strip”,“parking” and “registration number plates”.

This clause amends section 10 of the Act to make referenceto the newly inserted section 10E.

This clause amends the Act by inserting sections 10E and 10F.It provides that manufacturers of registration number platesmust be registered with the Licensing Authority and whatsteps must be taken to become registered. It imposes a dutyupon persons to obtain registration number plates fromregistered manufacturers only. It also sets out the duty of a

Clause 1:

Clause 2:

Clause 3:

Clause 4:

i



manufacturer to ensure that he is presented with certaindocuments prior to issuing a registration number plate. It alsoprovides the penalty for manufacturing registration numberplates without being registered, obtaining registration numberplates from a manufacturer who is not registered and issuingnumber plates without sight of the relevant documents.Provision is also made for the transitional period within whicha manufacturer of number plates must register with theLicensing Authority as well as the transitional period withinwhich a person may obtain number plates from a manufacturerwho is not registered.

This clause amends section 42 of the Act to provide that adriver who is unable to produce an insurance certificate whenrequired to do so, must produce the certificate at a policestation designated by the member of the Police Force whorequested the certificate.

This clause amends the Act by inserting sections 43A and43B. Provision is made for the circumstances under which avehicle becomes written-off and a duty is imposed oninsurance companies to register certain particulars of thewritten-off vehicle with the Licensing Authority. The clausealso provides the penalty for failing to comply with theregistration requirements. It also imposes a duty on insurancecompanies to submit the name and address of a purchaser ofa written-off vehicle within 14 days of the date of purchase.

This clause amends the Act by inserting Part IVA which dealswith all terrain vehicles. The Part comprises sections 60B to60I. These sections prohibit drivers from driving all terrainvehicles on public roads or highways unless they hold a validdriving licence and obtained special permission from theLicensing Authority. Section 60D imposes a requirement that

Clause 5:

Clause 6:

Clause 7:

Road Traffic (Amendment) Act, 2017

ii

all terrain vehicles be registered and insured. Generalprohibitions on the operation of all terrain vehicles areimposed by section 60E and section 60F lists the rules thatmust be observed by drivers of all terrain vehicles. Sections60G, 60H and 60I respectively, make provision for theprotective equipment to be worn when travelling on an allterrain vehicle, the duty of persons who rent all terrain vehiclesto keep certain records and the penalty for failing to complywith Part IVA.

This clause amends section 61 of the Act to make referencein subsection (1) to a valid driving licence, where that sectionpreviously referred to a driving licence.

This clause amends section 69 of the Act to increase the agefrom which a driving licence for certain vehicles may beissued and to specify the age from which a driving licence fora self-driven or hired car may be granted.

This clause amends the Act to insert section 69A which makesprovision for random alcohol and drug tests to be carried outon persons who drive articulated vehicles and persons whodrive public service vehicles.

This clause amends the Act by repealing and replacing section74. The section imposes a requirement upon drivers of motorvehicles on public roads to have a driving licence or anidentification card for presentation to a member of the PoliceForce or a transport inspector, if required to do so. The sectionalso makes provision for the procedure to followed when adriver is unable to produce his driving licence and the penaltyfor failing to comply with a requirement to produce a drivinglicence or an identification card.

Clause 8:

Clause 9:

Clause 10:

Clause 11:


iii

This clause amends the Act by inserting section 76A whichmakes provision for the action to be taken by the LicensingAuthority where a payment made by cheque in respect of apermit, licence or registration is dishonoured. It also providesthat no person who has monies outstanding to the BarbadosRevenue Authority will be able to renew a permit or drivinglicence or register a motor vehicle.

This clause amends the Act by inserting section 84A whichimposes a prohibition on driving at a speed that is greater thanthe speed limit in a construction zone and provides thepenalties for persons who contravene the prohibition.

This clause amends the Act by repealing and replacing section85 and provides for the offence of driving, attempting to driveor being in charge of a motor vehicle while under the influenceof drink or a drug, or having consumed alcohol in excess ofthe prescribed limit. Provision is also made for more severepenalties for persons who are guilty of offences under thesection.

This clause amends the Act by inserting sections 85A to 85Iwhich pertain to breathalyser testing and related matters.Provision is made for the approval of the relevant breathalyserequipment by the Minister, the circumstances under whichpersons may be required to provide a specimen of breath andthe procedure to be followed when a requirement to providea specimen of breath is made. In addition, provision is madefor the circumstances under which persons may be requiredto provide specimens of blood or urine and the procedure tobe followed when persons are required to provide suchspecimens. Provision is also made for the power of membersof the Police Force to make an arrest, without a warrant, inspecified circumstances and protection of hospital patients

Clause 12:

Clause 13:

Clause 14:

Clause 15:


iv

from being arrested and from being required to provide aspecimen, in the absence of approval from the medicalpractitioner in charge of their cases.

This clause amends the Act by inserting sections 86A whichimposes a prohibition on littering on a road or highway.Provision is also made for the penalty where persons fail tocomply with the section.

This clause amends the Act by inserting section 88A whichprovides for disabled parking. Provision is made for thecircumstances under which persons will be permitted to parkin a parking space that is designated for disabled parking. Thesection also imposes a prohibition on drivers impeding the useof a dropped kerb and provides the circumstances under whicha driver may stop, stand or park a vehicle in front of a droppedkerb. Provision is also made for the penalty when persons failto comply with the section.

This clause amends the Act by inserting sections 89A and 89Bwhich make provision for abandoned vehicles. Section 89Aimposes a prohibition on abandoning a vehicle on a road orhighway and states when a vehicle is considered abandoned.Section 89B makes provision for the removal of abandonedvehicles by the Chief Technical Officer and the procedure tobe followed when such vehicles are removed. Provision is alsomade for the disposal of abandoned vehicles and the steps tobe undertaken by the owners of abandoned vehicles to recoverthose vehicles.

This clause amends section 94(2) of the Act to provide thatwhen a court orders that a person is disqualified fromobtaining a driving licence, that penalty will apply to allcategories of driving licences that the person holds and is no

Clause 16:

Clause 17:

Clause 18:

Clause 19:


v

longer limited to a vehicle of the same class or description asthe vehicle in relation to which the offence was committed.

This clause amends the Act by inserting section 106A whichprovides for the issuance by the Transport Authority, ofwarning letters to the owners of public service vehicles. Thesection provides that the warning letters must notify ownersof public service vehicles that the permits issued in respect ofthose vehicles will be suspended for 6 months if a driver of apublic service vehicle, having been convicted of 2 offencesinvolving the same public service vehicle, is convicted of athird offence involving that vehicle.

This clause amends the Act by repealing and replacing section119 which provides for the issuance of a highway code by theChief Technical Officer, rather than by the Commissioner ofPolice. In addition, provision is now made for the time withinwhich the code must be revised and published.

This clause amends section 124 of the Act by insertingadditional matters in respect of which the Minister may makeregulations.

This clause amends the Second Schedule to the Act by makingprovision for the font and reduction in certain sizingrequirements of the letters and figures on registration numberplates.

This clause amends Part III of the Fourth Schedule to the Actto include a vehicle assigned to the Governor General.

This clause provides that certain sections in the Act will comeinto operation on a date to be fixed by proclamation.

Clause 20:

Clause 21:

Clause 22:

Clause 23:

Clause 24:

Clause 25:


vi

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