Sub-Title B - Licences

• Author: Ralph Hone
• Pages: #6

284 Road Traffic

[CH.284. 3065CHAPTER 284.

ROAD TRAFFIC.

ARRANGEMENT OF SECTIONS.

PART I.

PRELIMINARY.

SECTION.

1. SHORT TITLE.

2. INTERPRETATION.

   PART II.

   THE ROAD TRAFFIC AUTHORITY.

3. CONSTITUTION OF ROAD TRAFFIC AUTHORITY.

4. ESTABLISHING ROAD TRAFFIC DEPARTMENT.

5. THE REGISTER.

6. ANNUAL REPORTS.

7. REGULATIONS.

   PART III.

   PROTECTION OF THIRD PARTIES AGAINST RISKS ARISING OUT OF THE USE OF MOTOR VEHICLES.

8. USERS OF MOTOR VEHICLES TO BE INSURED AGAINST THIRD-PARTY RISKS.

9. EXEMPTION OF VISITORS' CARS.

10. REQUIREMENTS IN RESPECT OF POLICIES.

11. CERTAIN CONDITIONS TO POLICIES TO BE OF NO EFFECT.

12. INSURERS TO SATISFY JUDGMENTS IN RESPECT OF THIRD PARTY RISKS.

13. BANKRUPTCY, ETC. OF INSURED PERSON NOT TO AFFECT CERTAIN CLAIMS BY THIRD PARTIES.

14. AVOIDANCE OF RESTRIGTIONS ON SCOPE OF POLICIES COVERING THIRD-PARTY RISKS.

15. PERSONS AGAINST WHOM CLAIMS ARE MADE TO GIVE INFORMATION RE INSURANCE.

16. DUTY TO SURRENDER CERTIFICATE ON CANCELLATION OF POLICY.

17. SAVING AS TO PRESERVATION OF RIGHTS IN CASE OF DEATH OF INSURED PERSON.

18. RIGHTS OF THIRD PARTIES AGAINST INSURERS ON BANKRUPTCY, ETC. OF THE INSURED.

19. DUTY TO GIVE NECESSARY INFORMATION TO THIRD PARTIES.

20. SETTLEMENT BETWEEN INSURERS AND INSURED PERSONS.

21. REQUIREMENTS AS TO PRODUCTION OF CERTIFICATE OF INSURANCE.

22. PRODUCTION OF CERTIFICATE OF INSURANCE ON APPLICATION FOR MOTOR VEHICLE LICENCE.

23. FORGERY, ETC. OF CERTIFICATES.

24. REGULATIONS REGARDING INSURANCE.

    PART IV.

    REGULATION, REGISTRATION AND LICENSING OF MOTOR VEHICLES.

    SECTION 25. CLASSIFICATION, CONSTRUCTION AND USE OF MOTOR VEHICLES.

26. NUMBER PLATES AND LICENCES.

27. FRAUDULENT USE OF NUMBER PLATES AND LICENCES.

28. PROPERTY LEFT IN PUBLIC SERVICE VEHICLES.

29. RECOVERY OF DAMAGES BY SUMMARY PROCEEDINGS.

30. REGISTRATION OF ALL MOTOR VEHICLES.

31. INSPECTION OF MOTOR VEHICLES.

32. TRADE PLATES.

    PART V.

    PROVISIONS AS TO DRIVING MOTOR VEHICLES, ETC.

33. DRIVER'S LICENCE.

34. FRAUDULENT USE OF LICENCE.

35. PUBLIC SERVICE DRIVER'S LICENCE.

36. RIGHTS OF EXISTING PUBLIC SERVICE DRIVERS.

37. CONDUCT AND APPEARANCE OF PUBLIC SERVICE DRIVERS.

38. REVOCATION OR SUSPENSION OF PUBLIC SERVICE DRIVER'S LICENCE.

39. FRAUDULENT USE OF DRIVER'S BADGE.

40. OFFENCE OF SOLICITING.

41. REGULATION OF CONDUCT OF PASSENGERS.

    Provisions as to driving and offences in connection therewith.

42. RATE OF SPEED.

43. KILLING IN THE COURSE OF RECKLESS OR DANGEROUS DRIVING.

44. RECKLESS OR DANGEROUS DRIVING.

45. CARELESS DRIVING.

46. POWER TO CONVICT OF LESSER OFFENCE ON CHARGE FOR GREATER OFFENCE.

47. DRIVING UNDER THE INFLUENCE OF LIQUOR OR DRUGS.

48. RESTRICTIONS ON PROSECUTIONS UNDER THE PRECEDING SECTION.

49. PROHIBITION OF DRIVING VEHICLE IN DEFECTIVE CONDITION.

50. POWER OF POLICE OFFICER IN CASE OF DEFECTIVE EQUIPMENT, ETC.

51. POWER OF COURT IN REGARD TO CANCELLATION OR SUSPENSION OF DRIVER'S LICENCE.

52. APPLICATION TO COURT FOR REVIEW OF SUSPENSION, ETC. OF DRIVER'S LICENCE.

53. TAKING MOTOR VEHICLE WITHOUT OWNER'S CONSENT TO BE AN OFFENCE.

54. DUTY TO STOP IN CASE OF ACCIDENT.

55. INQUIRIES INTO ACCIDENTS.

56. OBLIGATION TO STOP A VEHICLE AT REQUEST, ETC. OF POLICE OFFICER.

57. DUTY TO PRODUCE DRIVER'S LICENCE.

58. POWER OF POLICE OFFICER TO ARREST IN CERTAIN CASES.

59. REFUSING TO GIVE NAME OR ADDRESS OR GIVING FALSE NAME OR ADDRESS.

60. DUTY OF OWNER TO GIVE INFORMATION AS TO DRIVER AND OCCUPANTS OF VEHICLE.

61. TRAFFIC SIGNS, ETC. (PRESUMPTION OF COMPLIANCE WITH LEGAL REQUIREMENTS).

    PART VI.

    FRANCHISES AND LICENCES TO CARRY PASSENGERS FOR HIRE OR REWARD.

    SECTION.

62. PENALTY FOR OPERATING WITHOUT A FRANCHISE OR LICENCE.

63. SUPERVISORS.

    Taxi-cab, livery car and self-drive vehicle licences.

64. MAXIMUM NUMBER OF LICENCES.

65. SELF-DRIVE VEHICLE AND LIVERY CAR LICENCES.

66. GRANT AND RENEWAL OF TAXI-CAB, LIVERY CAR AND SELF-DRIVE VEHICLE LICENCES.

67. REVOCATION OF TAXI-CAB, LIVERY CAR AND SELF-DRIVE VEHICLE LICENCES.

68. SURRENDER AND TRANSFER OF LICENCES, AND SUBSTITUTION OF VEHICLES.

    Special Provisions relating to Taxi-cabs.

69. REQUIREMENTS RELATING TO TAXI-CABS.

70. TAXI-CABS TO BE REGULARLY EMPLOYED IN STANDING AND PLYING FOR HIRE.

71. MAXIMUM FARES FOR TAXI-CABS.

72. DISPUTED FARES.

73. DUTIES OF TAXI-CAB DRIVERS TO PASSENGERS.

74. REFUSAL TO PAY FARE.

75. COMPENSATION FOR INJURY TO TAXI-CABS.

76. TAXI-STANDS AND REGULATIONS FOR THE CONDUCT OF TAXIS.

    Special Provisions relating to Livery Cars.

77. SPECIAL PROVISIONS RELATING TO LIVERY CARS.

    Omnibus, Tour Car and Self-drive Vehicle Franchises.

78. CLASSIFICATION OF FRANCHISES.

79. CONDITIONS OF FRANCHISE.

80. OTHER CONDITIONS OF OMNIBUS FRANCHISES.

81. OTHER CONDITIONS OF TOUR CAR FRANCHISES.

82. OTHER CONDITIONS OF SELF-DRIVE VEHICLE FRANCHISES.

83. APPLICATION FOR THE GRANT, VARIATION, RENEWAL OR TRANSFER OF FRANCHISES.

84. DISCRETION AS TO GRANTING, VARYING, RENEWING OR TRANSFERRING FRANCHISES.

85. OCCASIONAL FRANCHISES.

86. DURATION OF FRANCHISES.

87. FEES FOR FRANCHISES.

88. REVOCATION OR SUSPENSION OF FRANCHISE.

89. POWER TO VARY CONDITIONS OF A FRANCHISE.

90. APPEALS.

    PART VII.

    STREET AND TRAFFIC REGULATION.

91. POWER TO MAKE REGULATIONS.

    PART VIII.

    MISCELLANEOUS AND GENERAL 92. REGISTRATION OF VISITORS' PASSENGER VEHICLES.

93. INTERNATIONAL CONVENTIONS RELATING TO PASSENGER VEHICLES AND TRAFFIC.

94. SAVING OF RULES MADE UNDER THE PENAL CODE.

95. FEES.

96. EXPENSES.

97. APPLICATION TO OUT ISLANDS.

    SCHEDULE.

    FEES.

    CHAPTER 284.

    ROAD TRAFFIC.

    AN ACT TO DECLARE, AMEND AND CODIFY THE LAW RELATING TO MOTOR VEHICLES, AND TO PROVIDE FOR THE REGULATION OF TRAFFIC ON ROADS AND OF MOTOR VEHICLES; TO PROVIDE FOR THE ESTABLISHMENT OF A ROAD TRAFFIC AUTHORITY; TO PROVIDE FOR THE PROTECTION OF THIRD PARTIES AGAINST RISKS ARISING OUT OF THE USE OF MOTOR VEHICLES; TO AMEND THE LAW WITH RESPECT TO THE LICENSING OF MOTOR VEHICLES PLYING FOR HIRE OR REWARD, AND TO PROVIDE FOR THE REGULATION OF PUBLIC TRANSPORT SERVICES; AND TO MAKE PROVISION FOR MATTERS CONNECTED WITH THE MATTERS AFORESAID.

    [18th September 1958.1 [Commencement-see footnote*] PART I.

    PRELIMINARY 1. This Act may be cited as The Road Traffic Act.

    57 of 1958.

    31 of 1959.

    54 of 1959.

    55 of 1962.

    54 of 1963.

    10 of 1933.

    11 of 1939.

    43 of 1964.

    Short title.

    Place. Part or section of the Act. com nceent Rerece New Part I Provid- Part II, ss. 3, 4 ence. Part V, ss. 42-50 (inclusive), 53, 54, 56, 58, 59, 60

    Part VIII, ss. 94, 96, 97 25th October 1958 G.N. 187 of 1958

    All remaining sections except Part III 1st May 1959 G.N. 71 of 1959

    Part III 1st December 1959 G.N. 203 of 1959

    Out Part I Islands Part II, ss. 3, 4

    Part V, ss. 42-50 (inclusive), 53, 54, 56, 58, 59, 60

    Part VIII, ss. 94, 96,97 1st November 1958 G.N. 192 of 1958

    All remaining sections except 62(1)(b), 69(2), 78-90 (inclusive) of Part VI 1st January 1961 G.N. 263 of 1960

    Part VI, ss. 62(1) (b), 78-90 inclusive) 1st June 1961 G.N. 111 of 1961

    Interpretation.

    54 of 1963, s. 2.

2. -(1) In this Act, unless the context otherwise requires'Assistant Controller' means any Assistant Controller of Road Traffic appointed under this Act;

   'Authority' means the Road Traffic Authority appointed under this Act;

   'Controller' means the Controller of Road Traffic appointed under this Act, and any interim Controller so appointed, and includes any Assistant Controller so appointed who is authorised by the Controller or by the interim Controller to act on his behalf;

   'Department' means the Road Traffic Department established under this Act;

   'enactment' includes any Act and any Order, Sregulations or rules made under any Act;

   'franchise' means a franchise granted under this Act;

   'invalid carriage' means a motor vehicle the weight of which unladen does not exceed five hundredweight which is specially designed and constructed, and not merely adapted, for the use of persons suffering from some physical defect or disability, and which is used solely by such a person;

   'livery car' means a motor vehicle having a seating capacity for not more than nine passengers, which is hired out by the owner for reward, for the purposes of being driven for the exclusive use of the hirer and which is driven by a chauffeur who is, or is employed by the owner;

   'Minister' means the Minister charged with the responsibility for the administration of this Act;

   'motorcycle' means a motor vehicle with less than four wheels, the weight of which unladen does not exceed eight hundredweight;

   'motor vehicle' means a vehicle which is wholly or partially propelled by mechanical means and which is designed or adapted for use on roads;

   'omnibus' means every passenger vehicle having a seating capacity for more than nine passengers, and any motor vehicle licensed as an omnibus which carries passengers for hire or reward:

   Provided that,a stretch-out which is lawfully being used as a tour car during the period of five years following the commencement of this Act, shall not be deemed to be an omnibus while it is being so used;

   'owner' in relation to any motor vehicle means the person by whom or on whose behalf the vehicle is normally kept and used, and in the case of a vehicle which is the subject of a hiring agreement or hire purchase agreement, means the person in possession of that vehicle under that agreement;

   'passenger vehicle' means a motor vehicle designed or adapted for the primary purpose of carrying passengers;

   'public service vehicle' means a motor vehicle designed or adapted for the carriage of passengers which is either(a) an omnibus or stretch-out; or (b) a motor vehicle having a seating capacity for not more than nine passengers which is used as a livery car, self-drive vehicle, taxicab or tour car;

   'police officer' includes any police officer, constable or other person having the powers of a police officer;

   'prearranged journey' means a journey by a passenger which has been arranged by or on behalf of that passenger before the day on which the journey occurs;

   'prearranged transfer' means a journey by a passenger between any airport or dock and any hotel, proprietary club, or guest house at which the passenger proposes to spend the next night, or between any hotel, proprietary club or guest house at which the passenger has spent the...