VEHICLE AND ROAD TRAFFIC ORDINANCE

VEHICLE AND ROAD TRAFFIC ORDINANCE

CHAPTER 220.

VE HICLE AND ROAD TRAFFIC.

To regulate the use of vehicles, and to provide for the control
of road traffic.
[28th March, 1947.]

1. This Ordinance may be cited as the Vehicle and
Road Traffic Ordinance.

2. This Ordinance
'publid vehicle' includes every vehicle which plies for hire
or is from time to time let out for hire or is intended
to be let out for hire, but excludes any vehicle the
plying for hire of which is prohibited by regulation
under this Ordinance;
'road' includes every highway, thoroughfare, street, lane,
alley, court, square, arctiway, passage, path, way and
place to which the public ,have access, either continu-
ously or intermittently and either of right or by licence,
whether the same be the property-of the Crown or other-
wise;
'vehicle' includes every means of conveyance or of transit
or other mobile apparatus used or capable of being
used on land and in whatever way drawn or propelled
or carried, but does not include any perambulator or
any conveyance for use solely on railways or tramways.

3, The Governor in Council may by regulations
prescribe,.' or provide for-
(a) licensing and regulating vehicles and their drivers;
(b) controlling and restricting traffic, whether vehicular
or pedestrian
(c)controlling the use of vehicles, their equipment and
apparatus;
(d) controlling the conduct of persons using vehicles;
(e) the apprehension of persons who commit offences
under this Ordinance;
prohibiting either absolutely or during specified
hours the driving of any specified kind of vehicle
on any road on which the driving of such kind
of vehicle would in the opinion of the Governor
in Council be dangerous or undesirable;





(g) the fees to be paid in respect of any licence granted
under this Ordinance;
(h)the fares which may be charged for the hire of
any public vehicle;
(i) granting exclusive rights of maintaining services
of public motor vehicles, enforcing the obligations
of any persons to whom such rights may be
granted, requi ring security from such persons and
realising such security, the amendment or cancella-
tion of such rights when granted, the fees to be
paid in respect of such; rights and for the effective
control and protection of such services;
contraventions of such regulations (including con-
traventions of any conditions. under which any
licence under such regulations may.- be granted)
which shall be offences and prescribing penalties
therefor : Provided that no penalty so prescribed
shall exceed a fine' of five hundred dollars and
imprisonment for six months; and
(k) generally carrying into effect the provisions of this
Ordinance.

4. (1) If any person drives a motor vehicle on a
road recklessly, or at a speed or in a manner which is
dangerous to the public, having regard to all the circum-
stances of the case, including the nature, conditions, hnd
use of the road, and the amount of traffic which is actually
at the time, or which might reasonably be expected to be,
on the road, he shall be liable-
(a) on summary conviction to a fine of one thousand
dollars or to imprisonment for six months, and in
the case of a second or subsequent conviction to a
fine of two thousand dollars and to such imprison-
ment as aforesaid;
(b)on conviction on indictment to imprisonment for
two years and a fine.

(2) The court or magistrate shall order particulars of
any such conviction to be endorsed on any licence to drive
a motor vehicle held by the person convicted.

(3) On a second or subsequent conviction under this
section the convicting court or magistrate shall exercise the
power conferred by this Ordinance of ordering that the





offender shall be disqualified for holding or obtaining a
licence to drive a motor vehicle unless the court or magis-
trate, having regard to the lapse of time since the date
of the previous or last previous conviction or for any other
special reason thinks fit to order otherwise, but this
provision shall riot be construed as affecting the right of
the court or Magistrate to exercise the power aforesaid on
a first conviction.

(4) Where a person is convicted of aiding, abetting,
counselling or procuring, or inciting the commission of an
offence under this section, and it is proved that he was
present in the vehicle at the time of the commission of
the offence, the offence of which he is convicted shall,. for
the purpose of the provisions of this Ordinance relating to
disqualification for holding or obtaining licences, be deemed
to be an offence in connexion with the driving of a motor
vehicle.

5. (1) Any person who when driving or attempting
to drive, or when in charge of, a motor vehicle on a road
or other public place is under the influence of drink or. a
drug to such an extent as to be incapable of having proper
control of the vehicle, shall be lible on suirimary convic-
tion to a fine of one thousand dollars or to imprisonment
for six months, and in the case of a second or subsequent
conviction to a fine of two thousand dollars and to such
imprisonment as aforesaid.,.

(2) A person convicted of an offence under this section
shall, unless the magistrate for special reasons thinks ' fit
to order otherwise and without prejudice to the power of
the magistrate to order a longer period of disqualification,
be disqualified for a period of twelve months from the date
of the conviction for holding or obtaining a licence to drive
a motor vehicle.

6. (1) If any person drives a motor vehicle on a road
without due care and attention or without reasonable con-
sideration for other persons using the road he shall be guilty
of an offence.

(2) A court or magistrate before whom a person is
convicted of an offence under this section shall, unless for





any special reason fie thinks fit to order otherwise, order
partictilarg of the convction to be endorsed on any licence
to drive a motor vehicle granted under this Ordinance or
any regul ations made hereunder.

(3) If on the trial of any indictment for an offence
against section 4, the jury are of opinion that the defendant
was not guilty of an offence under the said section but was
guilty of an offence under this section, the jury may find
him guilty of an offence under this section and thereupon
he shall be liable to be punished accordingly.

7. Where a person is prosecuted for an offence under
any of the provisions of this Ordinance of the regulations relating
respectively to the maximum speed at which motor vehicles may be
driven, to reckless or dangerous
driving, -to careless- driving he shall not be convicted
unless either-
(a)he was warned at the time the offence was com-
mitted that the question of prosecuting him for
manslaughter or for an offence under some one or
other of the provisions aforesaid would be taken
into consideration; or
(b) within fourteen days of the commission of the

offence a summons for the offence was served on him; or
(c) within the said fourteen days a notice of the
intended prosecution specifying the nature of the
alleged offence and the time and the place where
it is alleged to have been committed was served
on or sent by registered post to him or the person
registered as the owner of the vehicle at the time
of the commission of the offence
Provided that-
(a)failure to comply with th-is requirement shall not
be a bar to the conviction of the accused in any
case where the court or magistrate is satisfied
that-
(i) -neither the name and address of the accused
nor the name and address of the registered owner
of the vehicle, could with reasonable diligence have





been ascertained in time for a summons to be
served or for a notice to be served or sent as afore-
said; or
(ii) the accused by his own conduct contributed
to the failure; and
(b)the requirement of this section shall in every case
be deemed to have been complied with unless and
unlil the contrary is proved.

8. (1) Any person who takes and drives away any
motor vehicle without having either the consent of the owner
thereof or other lawful authority shall be liable on sum-
Friary conviction to a fine of one thousand dollars or
imprisonrrient or six months : Provided that if the magis-
trate is satisfied that the accused acted in the reasonable
belief that lie had lawful authority, or in the reasonable
belief that the owner would, in the circumstances of the
case, have given his consent, if he had been asked therefor,
(fie accused shall not be liable to be convicted of the offence.

(2) If on the trial of any indictment for stealing a
motor vehicle the jury are of opinion that the defendant was
not guilty of stealing the motor vehicle but was guilty of
an offence under this section, the jury may find him guilty
of an offence under this section and thereupon he shall be
liable to be punished accordingly.

9. Where the driver of a vehicle is alleged to be
guilty of an offence under this Ordinance-
(a)the owner of the vehicle shall give such informa-
tion as he may be required by or on behalf of the
Commissioner of Police to give as to the identity
of the driver, and, if he fails to do so shall be
guilty of an offence, unless he shows to the satis-
faction of the court or magistrate that he did not
know and could not with reasonable diligence have
ascertained who the driver was; and
(b)any other person shall, if required as aforesaid,
give any information which it is in his power to
give and which may lead to the identification of
the driver, and, if he fails to do so, he shall be
guilty of an offence.





10. (I) Any Court or magistrate before whom a person
is convicted of anyoffence under section 4, 5 or 6, or of
manslaughter in connexion with the driving of a motor
vehicle-
(a)may in any case, except where otherwise expressly
provided by this Ordinance, and shall where so
required by this Ordinance, order him to be dis-
qualified for holding or obtaining a licence to drive
a motor vehicle for such period as the court or
magistrate thinks fit; and
(b)may in any case, and shall where a person is by
virtue of a conviction disqualified for.holding or
obtaining a licence, or where an order so dis-
qualifying any person is made or where so required
by this Ordinance, order that particulars of the
conviction and of any disqualification to which the
convicted person has become subject shall be
endorsed on any licence to drive a motor vehicle
held by the offender:
Provided that, if the court or magistrate thinks fit, any
disqualification imposed under this section may be limited
to the driving of a motor vehicle of the same class or
description as the vehicle in relation to which the offence
was committed.

(2) A person who by virtue of an order of a court or
magistrate under this Ordinance. is disqualified for holding or
obtaining a licence may appeal against the order in the same
manner as against a conviction, and the court or magistrate
may, if he thinks fit, pending the appeal, suspend the opera-
tion of the order.

(3) Where a person who is disqualified by virtue of a
conviction or order under this Ordinance is the holder of a
licence, the licence shall be suspended as long as the dis-
qualification continues in force.

(4) A licence suspended under the provisions of this
section shall during the tirne of suspension be of no effect.

11. (1) An order that the particulars of any conviction
or of any disqualification to which the convicted person has
become subject are to be endorsed on any licence held by the
offender shall, whether the offender is at the time the holder
of a licence or not, operate as an order that any licence he





may then hold or may subsequently obtain, shall be so
endorsed until he becomes entitled under the provisions of
this section to have a licence issued to him free from
endorsement.

(2) Where an order is made requiring any licence held
by an offender to be endorsed, then-
(a)if the offender is at the time the holder of a licence,
he shall, if so required by the court or magistrate,
produce the licence within five days or such longer
time as the court or magistrate may determine for
the purpose of endorsement; and
(b)if he is not then the holder of a licence, but subse-
quently obtains a licence, to drive a motor vehicle
he shall within five days after so obtaining the
licence produce it to the court or magistrate for the
purpose of endorsement,
and if he fails to do so, he shall be guilty of an offence; and
if the licence is not produced for the purpose of endorsement
within such time as aforesaid, it shall be suspended from the
expiration of such time until it is produced for the purpose
of endorsement.

(3) On the issue of a new licence to any person, the
particulars endorsed on any previous licence held by him shall
be copied on to the new licence unless he has previously
become entitled under the provisions of this section to have
a licence issued to him free from endorsement.

(4) If any person whose licence has been ordered to be
endorsed and who has not previously become entitled under
the provisions of this section to have a licence issued to him
free from endorsement applies for or obtains a licence without
giving particulars of the order, he shall be liable on summary
conviction to imprisonment for six months, and any licence
so obtained shall be of no effect.

(5) Where a person in respect of whom an order has
been made under this Ordinance, requiring the endorsement
of any licence held by him, has during a continuous period
of three years or upwards since the order was made had no
such order made against him, he shall be entitled, either on
applying for the grant of a licence under this Ordinance, or,
subject to payment of a fee of five dollars and subject to sur-
render of any subsisting licence, at any time, to have issued





to him a new licence free from endorsements: Provided
that, in reckoning the said period of three years, any period
during which the person was by virtue of the order disquali-
fied for holding or obtaining a licence shall be excluded.

(6) Where a court or magistrate orders particulars to
be endorsed on a licence held by any person, or where by a
conviction or order of a court or magistrate a person is dis-
qualified for holding or obtaining a licence, the court or
magistrate shall send notice of the conviction or order to the
licensing authority by which the licence was granted, and, in
a case where a person is so disqualified, shall also on the
production of the licence for the purpose of endorsement
retain the licence and forward it to the authority by which
it was granted, and that authority shall keep the licence until
the disqualification has expired or been removed add the
person entitled to the licence has made a demand in writing
for its return to him. Where the disqualification to which a
person has become subject is limited to the driving of a motor
vehicle of a particular class or description, the licensing
authority to whom that person's licence has been forwarded
under this subsection shall forthwith after the receipt thereof
issue to that person a new licence on which there shall be
indicated in the prescribed manner the class or description of
vehicle which the holder of the licence is 'not thereby
authorized to drive, and the licence so issued shall remain in
force either for the unexpired period of the original licence or
for the period of the disqualification, whichever is the shorter.

(7) Where on an appeal against any such order the
appeal is allowed, or where any such conviction is quashed,
the court by which the appeal is allowed or the conviction
is quashed shall send notice thereof to the licensing authority
by which the licence was granted.

12. (1) Particulars of a conviction endorsed on a
licence to drive a motor vehicle may be produced as
prima facie evidence of the conviction.

(2) Where a person is prosecuted for driving a motor
vehicle on a road at a speed exceeding a speed limit imposed
by or under any enactment, or for an offence under section
4, 5 or 6, then, if at the time of the alleged offence lie is
the holder of a licence to drive a motor vehicle lie shall





either cause it to be delivered to the magistrate's clerk not
later than the day before the date appointed for the hearing,
or send it by registered letter duly addressed to the clerk
and posted at such a time that in the ordinary course of
post it would be delivered not later than that day, or have
it with him at the hearing and, if he' is convicted of the
offence, the rnagistrate may require the licence to be
produced to him.

(3) If default is made in the production of a licence
pursuant to a requirement under the last foregoing sub-
section, the holder shall be guilty of an offence, and the
licence shall be suspended from the time of the requirement
until it is produced to the magistrate.

13. Upon the trial of a person who is indicted for
manslaughter in connexion with the driving of a motor
vehicle by him, it shall be lawful for the jury, if they are
satisfied that he is guilty of an offence under section 4, to
find him guilty of that offence, whether or not the require-
ments of section 7 have been satisfied as respects that
offence.

14. (1) . Any person convicted of an offence against the
provisions of this Ordinance or of any regulation made
under the provisions of this Ordinance or of any condition
upon which any licence has been issued to or is held by
such person under the provisions of this Ordinance or any
regulation made under the provisions of this Ordinance
may be ordered by the court or magistrate to pay to any
person to whom such court or magistrate may think that
any compensation should be paid in respect of any injury,
loss, or otherwise, compensation not exceeding three
hundred dollars, in addition to the penalty provided for
under the provisions of this Ordinance, and in default of
payment of such compensation the magistrate may order
the person ordered to pay the same to be imprisoned for
two months in respect of such default.

(2) The payment of such compensation or imprison-
ment in default thereof shall be a bar to any further
proceedings at the suit of the person to whom any such
compensation has been ordered to be made.





(3) No such order for the payment of any such
compensation shall be made unless the party who has
suffered any such injury, or loss or otherwise sustained
damage consents thereto.

15. Any person who contravenes or fails to comply
with any of the provisions of this Ordinance, or of any
condition upon which any licence under the provisions of
this Ordinance has been issued shall be guilty of an offence
and where no other penalty is provided shall on summary
conviction be liable to a fine of five hundred dollars and to
imprisonment for six months.
17 of 1947. Short title. Regulations. [s. 3 cont.] Reckless or dangerous driving. 20 & 21 Geo. 5, c. 43, s. 11. Driving motor vehicles when under the influence of drink or drugs. 20 & 21 Geo. 5, c. 43, s. 15. Careless driving. 20 & 21 Geo. 5, c. 43, ss. 12 & 24. [s. 6 cont.] Restrictions on certain prosecutions. 20 & 21 Geo. 5, c. 43, s. 21. Taking motor vehicle without owner's consent or other authority. 20 & 21 Geo. 5, c. 43, s. 28. Disclosure of information to the police. 20 & 21 Geo. 5, c. 43, s. 113. Disqualification for offences and endorsement of convictions. 20 & 21 Geo. 5, c. 43, ss. 6 & 7. Provisions as to endorsements. 20 & 21 Geo. 5, c. 43, s. 8. [s. 11 cont.] Provisions as to certain legal proceedings. 24 & 25 Geo. 5, c. 50, s. 33. Power to convict for reckless or dangerous driving on trial for manslaughter. 24 & 25 Geo. 5, c. 50, s. 34. Compensation for injury, how granted. Compensation a bar to legal proceedings but at option of complainant. [s 14 cont.] Penalty.

17 of 1947. Short title. Regulations. [s. 3 cont.] Reckless or dangerous driving. 20 & 21 Geo. 5, c. 43, s. 11. Driving motor vehicles when under the influence of drink or drugs. 20 & 21 Geo. 5, c. 43, s. 15. Careless driving. 20 & 21 Geo. 5, c. 43, ss. 12 & 24. [s. 6 cont.] Restrictions on certain prosecutions. 20 & 21 Geo. 5, c. 43, s. 21. Taking motor vehicle without owner's consent or other authority. 20 & 21 Geo. 5, c. 43, s. 28. Disclosure of information to the police. 20 & 21 Geo. 5, c. 43, s. 113. Disqualification for offences and endorsement of convictions. 20 & 21 Geo. 5, c. 43, ss. 6 & 7. Provisions as to endorsements. 20 & 21 Geo. 5, c. 43, s. 8. [s. 11 cont.] Provisions as to certain legal proceedings. 24 & 25 Geo. 5, c. 50, s. 33. Power to convict for reckless or dangerous driving on trial for manslaughter. 24 & 25 Geo. 5, c. 50, s. 34. Compensation for injury, how granted. Compensation a bar to legal proceedings but at option of complainant. [s 14 cont.] Penalty.

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