Act No 9 of 2017 MVRT Amendment 2017

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Second Session Eleventh Parliament Republic of

Trinidad and Tobago

REPUBLIC OF TRINIDAD AND TOBAGO

Act No. 9 of 2017

[L.S.]

AN ACT to amend the Motor Vehicles and Road Traffic


Act, Chap. 48:50 to introduce a system of traffic
violations for certain breaches of the Act, to
provide for the implementation of a red-light
camera system, a demerit points system and the
reform of the fixed penalty system and related
legal proceedings and other related matters

[Assented to 27th July, 2017]


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

Enactment ENACTED by the Parliament of Trinidad and Tobago as


follows:

Short title 1. This Act may be cited as the Motor Vehicles and Road
Traffic (Amendment) Act, 2017.

Commencement 2. This Act comes into operation on such day as is


fixed by the President by Proclamation.

Interpretation 3. In this Act, “the Act” means the Motor Vehicles and
Chap. 48:50 Road Traffic Act.

Section 2 amended 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, Prison
Service or Defence Force; or
(b) an ambulance being operated,
in an emergency situation while sounding
its siren or other warning instrument
approved by the Licensing Authority;
“payee” means a person or entity
appointed in accordance with
section 88D;
“traffic light signal” means an electronic or
automated device installed for the purpose
of controlling vehicular traffic and showing
red, amber and green light signals; and
“traffic violation” shall be construed in
accordance with section 20B;”.

New section 2A 5. The Act is amended by inserting after section 2, the


inserted
following new section:
“Non-appli- 2A. Section 64 of the Interpretation Act
does not apply to a traffic violation.”.
cation of
section 64 of
Interpretation
Act
Chap. 3:01
No. 9 Motor Vehicles and Road Traffic (Amendment) 2017 237

6. Section 10A(3) of the Act is amended by deleting Section 10A


the words “three hundred dollars or to imprisonment for amended
six months” and substituting the words “ten thousand
dollars and imprisonment for six months”.

7. Section 15 of the Act is amended— Section 15 amended

(a) in subsection (2), by deleting the words


“commits an offence” and substituting the
words “is liable to a fine of three thousand
dollars”; and
(b) by repealing subsection (3).

8. Section 19(6) of the Act is amended by deleting the Section 19 amended


words “is guilty of an offence and is liable upon
summary conviction to a fine of five thousand dollars
and imprisonment for six months” and substituting the
words “is liable to a fine of five thousand dollars”.

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

“PART IIA
TRAFFIC VIOLATIONS
Conditions of 20A. (1) It is hereby declared that
permit and
compliance with this Act and other written
laws relating to the use of a vehicle on a
registration

road by the holder of a driving permit is a


condition of the driving permit.
(2) It is hereby declared that
compliance with this Act and other written
laws relating to the use of a motor vehicle
on a road is a condition of the registration
of the motor vehicle under this Act and
that, subject to the provisions of this Act
and those written laws, the owner of the
motor vehicle is responsible for any breach
of this Act or those written laws which
involves the use of his motor vehicle and
which is imputable to him as the owner.
238 No. 9 Motor Vehicles and Road Traffic (Amendment) 2017

Commission 20B. The breach of a condition specified


of a traffic
in the Seventh Schedule by the holder of
a driving permit or owner of a vehicle
violation

constitutes a traffic violation and the


holder of the driving permit or the owner of
the motor vehicle shall be liable to be dealt
with in accordance with this Act.
Standard of 20C. In proceedings for a traffic
proof
violation under this Act, the standard of
proof shall be on a balance of
probabilities.”.

Section 21 amended 10. Section 21 of the Act is amended by repealing


subsections (2) and (5).

Section 23 amended 11. Section 23(1B) of the Act is amended by deleting


the 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 five
thousand dollars”.
Section 42 amended 12. Section 42 of the Act is amended—
(a) in subsection (1), by deleting the words “or
imprisonment for six months” and the
words “or imprisonment for one year”;
(b) in subsection (3), by deleting the words “on
conviction” and the words “upon
conviction”; and
(c) in subsection (6), by inserting after the
words “liable for” the words “any traffic
violation or for”.
Section 43B 13. Section 43B(2) of the Act is amended by deleting
amended
the words “is guilty of an offence and liable on
summary conviction for a first offence to a fine of four
thousand dollars and on any subsequent conviction to a
fine of eight thousand dollars” and substituting the
words “is liable to a fine of four thousand dollars for the
first traffic violation and to a fine of eight thousand
dollars for any subsequent traffic violation”.
No. 9 Motor Vehicles and Road Traffic (Amendment) 2017 239

14. Section 43D of the Act is amended— Section 43D

(a) in subsection (4), by deleting the words


amended

“commits an offence and is liable on


summary conviction to a fine of two
thousand dollars” and substituting the
words “is liable to a fine of two thousand
dollars”; and
(b) in subsection (5), by deleting the words
“guilty of an offence” and substituting the
word “liable”.

15. Section 46 of the Act is amended— Section 46 amended

(a) in subsection (1), by deleting the words “is


liable on conviction to a fine of one
thousand dollars” and substituting the
words “is liable to a fine of five thousand
dollars”; and
(b) by repealing subsection (2).

16. Section 48(9) of the Act is amended by deleting Section 48 amended


the words “is guilty of an offence and liable on conviction
to a fine of one hundred dollars and to a further fine of
five dollars for each day the offence continues after
conviction thereof” and substituting the words “is liable
to a fine of two hundred dollars and to a further fine of
five dollars for each day that the traffic violation
continues”.

17. Section 56(3) of the Act is amended by deleting Section 56 amended


the words “is liable on conviction to a fine of five
hundred dollars” and substituting the words “is liable to
a fine of five hundred dollars”.

18. Section 56A(5) of the Act is amended by deleting Section 56A


the words “is guilty of an offence and liable on
amended

summary conviction to a fine of five hundred dollars”


and substituting the words “is liable to a fine of five
hundred dollars”.
240 No. 9 Motor Vehicles and Road Traffic (Amendment) 2017

Section 61 amended 19. Section 61(2) of the Act is amended by inserting


after the words “repeated offences” the words “or traffic
violations”.

Section 62 amended 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, and
substituting the words “traffic violation”;
(c) in subsection (6F)—
(i) by deleting the words “an offence
under subsection (5)” and
substituting the words “a traffic
violation 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 traffic
violation under this section”;
(ii) in paragraph (a), by deleting
the words “the accused” and
substituting the words “a person”;
and
No. 9 Motor Vehicles and Road Traffic (Amendment) 2017 241

(iii) in paragraph (b), by deleting the


words “the accused” wherever it
occurs and substituting the word
“he”;
(e) in subsection (6H), by deleting the words
“an offence under subsection (5)” and
substituting the words “a traffic violation
under this section”;
(f) in subsection (6I), by deleting the words
“an offence under subsection (5)” and
substituting the words “a traffic violation
under this section”; and
(g) in subsection (6J)—
(i) by deleting the words “an offence
under subsection (5)” and
substituting the words “a traffic
violation under this section”; and
(ii) by deleting the words “the accused”
and substituting the words “the
person who was driving the motor
vehicle”.

21. Section 63 of the Act is amended— Section 63 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
(b) by repealing subsection (2).

22. Section 64 of the Act is amended— Section 64 amended

(a) in subsection (8), by—


(i) inserting after the words “traffic
sign”, where they first occur, the
words “, other than a traffic light
signal”;
242 No. 9 Motor Vehicles and Road Traffic (Amendment) 2017

(ii) deleting the words “or any person


riding or driving any animal”;
(iii) deleting the words “or animal”
wherever they occur; and
(iv) deleting the words “is guilty of an
offence” and substituting the words
“is liable to a fine of four thousand
dollars”; and
(b) in subsection (9), by deleting the words “or
to imprisonment for three months”.

Section 65 amended 23. Section 65(2) of the Act is amended by deleting


the words “or imprisonment for three months on
summary conviction”.

Section 66 amended 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 a
fine of two thousand dollars and on any
subsequent conviction to a fine of four
thousand dollars and imprisonment for
twelve months” and substituting the words
“is liable to a fine of two thousand dollars
for the first traffic violation and to a fine of
four thousand dollars for every traffic
violation thereafter”.

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

“Failure to 66A. (1) A person driving or propelling


comply with a
a vehicle, who fails to comply with the
indication given by a traffic light signal is
traffic light

liable to a fine of five thousand dollars for


the first traffic violation and a fine of seven
thousand dollars for any subsequent traffic
violation.
No. 9 Motor Vehicles and Road Traffic (Amendment) 2017 243

(2) This section does not apply to


an emergency vehicle.”.

26. Section 67(3) of the Act is amended by deleting Section 67 amended


the words “is liable on summary conviction for a first
offence to a fine of seven hundred and fifty dollars and
on any subsequent conviction to a fine of one thousand
dollars” and substituting the words “is liable to a fine of
seven hundred and fifty dollars for the first traffic
violation and to a fine of one thousand dollars for every
traffic violation thereafter”.
27. Section 68(7) of the Act is amended by deleting Section 68 amended
the words “is liable on summary conviction for a first
offence to a fine of one thousand, five hundred dollars
and on any subsequent conviction to a fine of three
thousand, five hundred dollars” and substituting the
words “is liable to a fine of one thousand, five hundred
dollars for the first traffic violation and to a fine of three
thousand, five hundred dollars for every traffic violation
thereafter”.

28. Section 70 of the Act is amended in subsection (1), Section 70 amended


by deleting the words “drink or”.

29. Section 72 of the Act is amended by inserting after Section 72 amended


the word “liable” the words “, on summary conviction,”.

30. Section 75 of the Act is amended by inserting after Section 75 amended


the word “offence”, the words “and is liable on
summary conviction to a fine of five thousand dollars
and imprisonment for nine months”.

31. Section 77 of the Act is amended— Section 77 amended

(a) in subsection (1), by deleting the word


“convicted” and substituting the word
“liable”; and
244 No. 9 Motor Vehicles and Road Traffic (Amendment) 2017

(b) in subsection (4), by deleting the words “on


first conviction to a fine of one thousand,
two hundred and fifty dollars and on any
subsequent conviction”.

Section 78 amended 32. Section 78 of the Act is amended—


(a) in subsection (1), by deleting the words “to
a fine of two thousand dollars and to
imprisonment for two months” and
substituting the words “on summary
conviction to a fine of two thousand
dollars”; and
(b) by repealing subsection (2).

Section 79 amended 33. Section 79(2) of the Act is amended by inserting


after the word “offence”, the words “and is liable to a fine
of five thousand dollars and imprisonment for nine
months”.

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

“PART VA
RED-LIGHT CAMERA SYSTEM
Definitions 79A. For the purposes of this Part—
“citation notice” means the Notice
approved by the Authority under
section 79G;
“Clerk” has the meaning assigned by
Chap. 4:20 the Summary Courts Act;
“Court” has the meaning assigned by
the Summary Courts Act;
“fixed penalty” means the penalty
prescribed under section 84;
No. 9 Motor Vehicles and Road Traffic (Amendment) 2017 245

“Inspection Officer” means a constable,


Transport Officer or Traffic
Warden certified by the
Commissioner of Police as trained
to analyse and certify the
authenticity of photographic
images or video recordings
obtained with a red-light camera;
“notice to contest” means a Notice
requesting a hearing by a Court in
respect of a traffic violation
indicating that the owner wishes
to contest responsibility for the
payment of a fixed penalty as
stated in the Citation Notice;
“red-light camera” means an electronic
device, approved by the Minister
under section 79B, for the
purpose of capturing and
producing photographic images
and video recordings of traffic
violations committed under
section 66A.
Installation of 79B. (1) The Licensing Authority may
cause or permit a red-light camera to be
red-light
camera
installed on, or near any traffic light
signal.
(2) The Minister may by Order
approve the red-light camera for the
purposes of this Part.
Unlawful 79C. A person who unlawfully interferes
with a red-light camera or its proper
interference

functioning commits an offence and is


liable on summary conviction to a fine of
ten thousand dollars.
246 No. 9 Motor Vehicles and Road Traffic (Amendment) 2017

Owner 79D. (1) For the purposes of this Part,


where a red-light camera captures a
deemed
responsible
photographic image or video recording of a
motor vehicle that fails to comply with the
indication given by a red light of a traffic
light signal in contravention of section
66A, the owner of the motor vehicle
involved in the traffic violation shall be
responsible for ensuring the payment of
the fixed penalty stipulated in the citation
notice served under section 79H.
(2) Where there is more than one
owner of the motor vehicle referred to in
subsection (1), the owners shall be jointly
responsible for ensuring the payment of
the fixed penalty.
(3) Where an owner pays a fixed
penalty under this Part, he may recover
the sums paid from the person who was
driving the motor vehicle at the time the
photographic image or video recording
referred to in subsection (1) was captured.
Photographic 79E. A photographic image or video
recording of a motor vehicle
image or video
recording
captured by
captured by a red-light camera shall be
evidence—
red-light
camera
system

(a) that the motor vehicle was used in


the commission of a traffic
violation under section 66A; and
(b) that the information shown on the
photographic image or video
recording is a true and accurate
record of the registration number
of the motor vehicle used in the
commission of the traffic violation.
No. 9 Motor Vehicles and Road Traffic (Amendment) 2017 247

Preparation of 79F. (1) Where a red-light camera


citation notice
captures a photographic image or video
recording of the commission of a traffic
violation under section 66A, an Inspection
Officer shall, within thirty days of the
commission of the traffic violation, prepare
a citation notice to be served on each owner
of the motor vehicle involved in the com-
mission of the traffic violation.
(2) The citation notice prepared
under subsection (1) shall state that the
owner has the option of either—
(a) paying the stipulated fixed penalty
for the traffic violation, within the
time specified in the citation
notice; or
(b) filing a notice to contest within the
time specified in the citation notice
in accordance with section 79J.
Form of 79G. A citation notice prepared under
section 79F shall be in the form approved
citation

by the Licensing Authority and published


notice

in 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 and
such particulars of the traffic
violation as are required for
proceedings under the Summary
Courts Act;
(c) the photographic image showing
the commission of the traffic
violation and the registration
number of the motor vehicle
involved in the commission of the
traffic violation;
248 No. 9 Motor Vehicles and Road Traffic (Amendment) 2017

(d) the certificate of the Inspection


Officer;
(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 the
Court at which the owner is
required to appear in the event of
filing a notice to contest in
accordance with section 79J.
Service of 79H. (1) A citation notice prepared
citation
under section 79F shall be served on each
owner of a motor vehicle involved in a
notice

traffic violation under section 66A—


(a) by delivering it to each owner or
some adult at his usual or last
known place of residence or any
address furnished by him to the
Licensing Authority;
(b) by leaving it or affixing it at the
usual or last known place of
residence or place of business of
the owner or at any address
furnished by him to the Licensing
Authority in a cover, addressed to
him; or
(c) by sending it by way of normal post
or registered post to the owner at
his usual or last known place of
residence or business or any other
No. 9 Motor Vehicles and Road Traffic (Amendment) 2017 249

address furnished by him to the


Licensing Authority.
(2) In the case of a citation notice
to be served on an owner whose usual or
last known place of residence cannot with
reasonable diligence be ascertained,
service may be effected by means of
publication in at least one newspaper in
daily circulation in Trinidad and Tobago or
electronic transmission through e-mail.
(3) Service of a citation notice
under this section is deemed to be effected
on the owner on the eighth day following
the date on which the notice is delivered,
left, affixed, published, or electronically
transmitted.
Payment of 79I. (1) Where service of a citation
fixed penalty
notice has been effected in accordance with
section 79H, the owner of the motor vehicle
shall, unless he files a notice of contest, pay
the fixed penalty within forty-five days
from the deemed date of service under
section 79H(3) of the citation notice or such
longer period as the Minister may
prescribe by Order.
(2) Payment of a fixed penalty
under this section shall be—
(a) accompanied by the citation notice
served under section 79H; and
(b) paid to a payee prescribed by the
Minister 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 for
the traffic violation in respect of which the
citation notice was served.
250 No. 9 Motor Vehicles and Road Traffic (Amendment) 2017

Filing of 79J. (1) Where an owner of a motor


notice to
vehicle is served with a citation notice
under section 79H for a traffic violation
contest

and is desirous of contesting the traffic


violation in the citation notice, the owner
may file a notice to contest with a payee
prescribed by the Minister under section 88D
within thirty days from the deemed date of
service of the citation notice.
(2) An owner may file a notice to
contest on the grounds that at the time the
traffic violation was committed—
(a) the motor vehicle was stolen; or
(b) he is no longer the owner having
duly registered a change of
possession of the motor vehicle in
accordance with section 19(1).
(3) Notwithstanding the filing of a
notice to contest under subsection (1), an
owner shall be permitted to pay the fixed
penalty specified in the citation notice in
accordance with section 79I and the matter
shall be removed from the list of hearing at
the Court.
Proceedings 79K. Proceedings in respect of a traffic
for traffic
violation under section 66A, for which a
citation notice was served, shall not be
violation
under

listed for trial in Court unless—


section 66A

(a) a notice to contest has been filed by


the owner of the motor vehicle
within thirty days from the
deemed date of service of the
citation notice in accordance with
section 79J; and
(b) a period of three months has
elapsed from the last day on which
the fixed penalty is payable and
No. 9 Motor Vehicles and Road Traffic (Amendment) 2017 251

there is no record that the fixed


penalty was paid in accordance
with section 79I.
Transmission 79L. Where an owner has filed a notice
to contest, the Inspection Officer shall
of documents
to Court
transmit to the Clerk, in the district in
which 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 camera
in relation to the traffic violation;
and
(d) proof of service of the citation
notice.
Certificate of 79M. In proceedings for a traffic
Inspection
violation under this Part, a certificate on
the citation notice signed by an Inspection
Officer

Officer which states that—


(a) he is certified by the Commissioner
of Police as trained to analyse the
information captured by a
red-light camera;
(b) the red-light camera used to
capture the photographic image or
video recording was approved by
the Minister;
(c) the photographic image or video
recording captured by the red-light
camera was obtained on the date
and time stated therein;
(d) the red-light camera was operating
accurately at the time the
252 No. 9 Motor Vehicles and Road Traffic (Amendment) 2017

photographic image or video


recording was captured; and
(e) the contents of the information
shown on the photographic image
or video recording are true and
correct,
is prima facie evidence of the matters
stated in the certificate.
Certificate of 79N. In proceedings for a traffic
violation under this Part, where the
Commissioner
of Police
credential of an Inspection Officer is
reasonably brought into question, the
Court may authorise the submission of a
certificate purporting to be signed by the
Commissioner of Police that the Inspection
Officer named therein is qualified to
operate and analyse a red-light camera,
and the certificate shall be prima facie
evidence of the particulars specified in, and
by the certificate.
79O. In proceedings for a traffic
violation under this Part, evidence of the
Evidence of
condition of

condition of the red-light camera or the


red-light
camera

manner in which it was operated shall not


be required unless evidence that it was not
in proper condition or was not properly
operated at the time of the traffic violation
has been adduced.
No 79P. (1) In proceedings for a traffic
violation under this Part, the
complainant
in proceedings

information that is sent to the Court under


section 79L shall be sufficient evidence to
call upon the person charged to answer.
(2) Notwithstanding any law to the
contrary, in proceedings for a traffic
No. 9 Motor Vehicles and Road Traffic (Amendment) 2017 253

violation under this Part, the Court shall


not 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.
Magistrate to 79Q. Notwithstanding section 44 of the
Summary Courts Act, where an owner
proceed ex
parte where
owner is
who files a notice to contest does not
appear before the Court at the date, time
absent

and address specified in the citation


notice, the Magistrate shall not issue a
warrant for the arrest of the owner, but
may proceed ex parte to the hearing of the
matter, and adjudicate thereon as fully
and effectually as if the owner had
personally appeared before the Court.
Non-payment 79R. (1) Where an owner does not pay
the fixed penalty and does not file a notice
of fixed
penalty and
failure to file
to contest, in accordance with this Act, he
shall be liable to pay, to a payee, the fixed
notice to
contest

penalty plus one-quarter of the amount of


that fixed penalty.
(2) Where an owner does not pay
the sum required under subsection (1)
within fourteen days of the date on which
it became payable, he shall be liable to pay
the fixed penalty plus one-half of the
amount of the fixed penalty.
(3) Where an owner fails to pay
the required sums in accordance with this
section, the Licensing Authority may
suspend the driving permit of the owner or
cease all transactions in relation to the
motor vehicle which was involved in the
commission of the traffic violation or with
the owner of the said motor vehicle.
254 No. 9 Motor Vehicles and Road Traffic (Amendment) 2017

Notice to 79S. Where section 79R of the Act


becomes applicable, the Licensing
owner of
possible
sanctions
Authority shall issue a notice, in
writing, to the owner indicating that—
(a) the fixed penalty specified in the
citation notice was not paid;
(b) a notice to contest in respect of the
traffic violation was not filed;
(c) the sum stated in section 79R(a)
has become due for payment;
(d) it intends to impose the sanction
specified at section 79R(3), which
would be lifted upon the payment
of the applicable penalty; and
(e) he has fourteen days, from the date
of receipt of the notice, to show
cause, in writing, why the
Licensing Authority should not
impose the intended sanctions.
Imposition of 79T. (1) An owner may show cause, as
stated in section 79S, why the Licensing
sanctions by
Licensing
Authority
Authority should not impose the sanctions
specified in section 79R(3).
(2) After consideration of
representations made by an owner
pursuant to subsection (1), the Licensing
Authority may impose any combination of
sanctions specified in section 79R(3), or
decline to impose any sanctions and
require the owner to pay the applicable
sum due under section 79R.
(3) The Licensing Authority shall
inform the owner of its decision, in writing,
as soon as possible.
No. 9 Motor Vehicles and Road Traffic (Amendment) 2017 255

Part VI (4) The Licensing Authority shall


immediately lift any sanction imposed
repealed
and Parts VI
and VIA
under this section upon the payment of the
applicable sum specified in section 79R.”.
inserted

35. The Act is amended by repealing Part VI and


substituting the following new Parts:

“PART VI
FIXED PENALTY ENFORCEMENT
AND ADMINISTRATION

Definitions 80. For the purposes of this Part—


“Clerk” and “Court” have the meanings
Chap. 4:20 assigned by the Summary Courts
Act;
“constable” includes—
(a) a police officer as defined in
Chap. 15:01 the Police Service Act;
(b) a Transport Officer;
(c) a Traffic Warden appointed
under section 10A; and
(d) an estate constable employed
Chap. 15:02 under the Supplemental Police
Act, in a public body listed in
Eighth the Eighth Schedule;
Schedule

“demerit points” means the points


specified in the Fourth Column of
Ninth the Ninth Schedule;
Schedule

“fixed penalty” means the penalty


prescribed under section 84;
“fixed penalty notice” means a notice
issued under section 82 and
includes a duplicate of such notice;
256 No. 9 Motor Vehicles and Road Traffic (Amendment) 2017

“notice to contest” means a notice


requesting a hearing by a Court in
respect of a traffic violation
specified in a fixed penalty notice;
“proceedings” means proceedings
before a Magistrate.
Constable 81. (1) Where a constable has reason to
believe that a person is committing or has
may issue

committed a traffic violation, the constable


fixed penalty
notice

may issue the driver with a fixed penalty


notice that offers the driver the
opportunity to pay the fixed penalty within
the time specified in the fixed penalty
notice and discharge of any liability for the
traffic violation or to file a notice to contest
where the driver is desirous of contesting
the fixed penalty notice issued to him.
(2) Where a constable finds a vehicle
on any occasion and has reason to believe
that a traffic violation is being or has been
committed in respect of that vehicle, the
constable may affix a fixed penalty notice
to any part of the vehicle where the fixed
penalty notice may be easily seen and for
the purposes of this Part, the affixed fixed
penalty notice shall be deemed to have
been served upon the person liable for the
traffic violation.
(3) Notwithstanding any law to the
contrary, the owner of a vehicle on which a
fixed penalty notice was affixed under
subsection (2) shall be presumed to be the
person liable for the traffic violation and
shall be required to either pay the fixed
penalty within the time specified in the
fixed penalty notice or to file a notice to
contest where the owner is desirous of
contesting the fixed penalty notice affixed.
No. 9 Motor Vehicles and Road Traffic (Amendment) 2017 257

(4) A fixed penalty notice affixed to a


vehicle under subsection (2) shall not be
removed or interfered with except by, or
under the authority of the driver of the
vehicle or the person liable for the traffic
violation.
(5) A person who contravenes sub-
section (4) commits an offence and is liable
on summary conviction to a fine of three
thousand dollars.
(6) Where a fixed penalty notice has
been issued or affixed under this section,
the police officer in charge of the police
station for the district in which the fixed
penalty notice was issued shall send a
duplicate of the fixed penalty notice to the
Licensing Authority within seven working
days from the date of issue or affixing of
the fixed penalty notice.
Contents of 82. (1) A fixed penalty notice issued or
affixed under section 81, shall bear the
fixed penalty
notice
signature of the constable and shall
specify—
(a) the date, time and place that the
fixed penalty notice was issued or
affixed;
(b) the section of the written law
creating the traffic violation and
such particulars of the traffic
violation as are required for
proceedings under this Act or the
Summary Courts Act;
(c) the time within which the fixed
penalty may be paid in accordance
with section 83(1);
(d) the amount of the fixed penalty;
258 No. 9 Motor Vehicles and Road Traffic (Amendment) 2017

(e) the payee to whom the fixed


penalty may be paid;
(f) the applicable number of demerit
points for the traffic violation as
specified in the Fourth Column of
the Ninth Schedule;
(g) that the person may contest the
fixed penalty notice by filing a
notice to contest in accordance
with section 85; and
(h) the date, time and address of the
Court at which the person is
required to appear in the event
of filing a notice to contest in
accordance with section 85.
(2) A notice under this Part shall be
in the form approved by the Licensing
Authority and published in the Gazette.
Payment of 83. (1) Where a fixed penalty notice has
fixed penalty
been issued or affixed under section 81, the
driver or owner of the vehicle, as the case
may be, shall, unless he files a notice to
contest, pay the fixed penalty within
thirty days from the date that the fixed
penalty notice was issued or affixed, or
such longer period as the Minister may by
Order prescribe.
(2) Subject to section 88K, where a
fixed penalty is paid in accordance with a
fixed penalty notice, a person shall not be
liable to any sanction for the traffic
violation in respect of which the fixed
penalty notice was issued or affixed.
(3) Payment of a fixed penalty under
subsection (1) shall be—
(a) accompanied by the fixed penalty
notice issued under section 81; and
No. 9 Motor Vehicles and Road Traffic (Amendment) 2017 259

(b) paid to a payee as prescribed by


the Minister under section 88D.
Amount of 84. The fixed penalty for a traffic
fixed penalty
violation shall be the amount specified in
the Third Column of the Ninth Schedule.
Notice to 85. (1) Where a person is desirous of
contest to be
contesting a fixed penalty notice, he shall
file a notice to contest with a payee within
filed

fifteen days from the date that the fixed


penalty notice was issued or affixed.
(2) Notwithstanding subsection (1), a
person may at any time within the period
specified in the fixed penalty notice for the
payment of the fixed penalty pay the fixed
penalty in accordance with section 83 and
the matter shall be removed from the list of
hearing at the Court.
Transmission 86. Where a notice to contest has been
of documents
filed, the constable shall immediately
transmit to the Clerk, in the district in
to Court

which the traffic violation is alleged to


have been committed, a copy of the fixed
penalty notice.
Listing of 87. Proceedings in respect of a traffic
proceedings in
violation for which a fixed penalty notice
was issued or affixed shall not be listed for
respect of
fixed penalty

trial in Court unless—


notice

(a) a notice to contest has been filed in


accordance with section 85 within
fifteen days from the date that the
fixed penalty notice was issued or
affixed; and
(b) a period of two months has elapsed
from the last day on which the
fixed penalty is payable and there
is no record that the fixed penalty
was paid in accordance with
section 83.
260 No. 9 Motor Vehicles and Road Traffic (Amendment) 2017

Temporary 87A. (1) Where any person is charged


with manslaughter or offence committed
suspension of
permit

by use of a motor vehicle as a weapon or


pending
determination

with contravening the provisions of section


of charge

70 or section 71, it shall be lawful for the


Licensing Authority to order the suspen-
sion of the driving permit of the person so
charged pending the determination of the
charge.
(2) Any such permit so
suspended under subsection (1) shall be
surrendered to the Clerk of the Court
before which the person so charged is to
appear.
(3) Where the Court makes an
Order for suspension of a person’s driving
permit this Order shall be reviewed on
every occasion that the matter is listed.
Appearance of 88. (1) Where a notice to contest is filed
within the period specified in the fixed
parties in
proceedings

penalty notice, the constable who issued or


where notice
to contest was

affixed the fixed penalty notice shall be


filed

notified and shall be required to attend


Court on the date, time and address of the
Court as specified in the fixed penalty
notice.
(2) Notwithstanding section 44 of the
Summary Courts Act, where a person files
a notice to contest and does not appear
before the Court on the date and time
specified in the fixed penalty notice, the
Magistrate shall not issue a warrant for
the arrest of the person but may proceed ex
parte to hear the matter and adjudicate
thereon as fully and effectually as if the
person had personally appeared before the
Court.
No. 9 Motor Vehicles and Road Traffic (Amendment) 2017 261

Non-payment 88A. (1) Where a fixed penalty notice


of fixed
was issued or affixed and the driver or
owner, as the case may be, does not pay the
penalty and
failure to file

fixed penalty and does not file a notice to


notice to
contest
contest, in accordance with this Act—
(a) he shall be liable to pay to a payee,
the fixed penalty plus one-quarter
of the amount of that fixed penalty;
and
(b) the applicable number of demerit
points for the traffic violation shall
be recorded against his driving
permit record.
(2) Where the driver or owner, as
the case may be, does not pay the sum
required under subsection (1) within
fourteen days of the date on which it
became payable, he shall be liable to pay
the fixed penalty plus one-half of the
amount of the fixed penalty.
(3) Where the driver or owner, as
the case may be, fails to pay the required
sums in accordance with this section, the
Licensing Authority may suspend the
driving permit of the driver or owner, as
the case may be, or cease all transactions
in relation to the motor vehicle which was
involved in the commission of the traffic
violation or with the driver or owner of the
said motor vehicle, as the case may be.
Notice to 88B. (1) Where section 88A of the Act
driver or
becomes applicable, the Licensing
Authority shall issue a notice, in writing,
owner of
possible

to the driver or owner, as the case may be,


sanctions

indicating that—
(a) the fixed penalty specified in the
fixed penalty notice was not paid;
262 No. 9 Motor Vehicles and Road Traffic (Amendment) 2017

(b) a notice to contest in respect of the


traffic violation was not filed;
(c) the applicable number of demerit
points for the traffic violation, as
specified in the Fourth Column of
the Ninth Schedule was recorded
against his driving permit;
(d) the sum stated in section 88A(1)(a)
has become due for payment;
(e) it intends to impose the sanctions
specified at section 88A(3), which
would be lifted upon the payment
of the applicable penalty; and
(f) he has fourteen days, from the date
of receipt of the notice, to show
cause, in writing, why the
Licensing Authority should not
impose the intended sanctions.
Imposition of 88C. (1) A driver or owner, as the case
sanctions by
may be, may show cause, as stated in
section 88B, why the Licensing Authority
Licensing
Authority

should not impose the sanctions specified


in section 88A(3).
(2) After consideration of
representations made by the driver or
owner, as the case may be, pursuant to
subsection (1), the Licensing Authority
may impose any combination of sanctions
specified in section 88A(3), or decline to
impose any sanctions and require the
driver to pay the applicable sum due under
section 88A.
(3) The Licensing Authority shall
inform the driver or owner, as the case may
be, of its decision, in writing, as soon as
possible.
No. 9 Motor Vehicles and Road Traffic (Amendment) 2017 263

(4) The Licensing Authority shall


immediately lift any sanction imposed
under this section upon the payment of the
applicable sum specified in section 88A.
Minister may 88D. (1) The Minister may from time to
by Order
prescribe fixed time by Order—
(a) add any traffic violation to the
penalty traffic
violations

Ninth Schedule and prescribe in


respect of that traffic
violation a fixed penalty not
exceeding seventy-five per cent of
the fine prescribed for the traffic
violation;
(b) remove any traffic violation from
the Ninth Schedule;
(c) alter the fixed penalty for any
traffic violation listed in the Ninth
Schedule to an extent that the
fixed penalty as altered does not
exceed seventy-five per cent of
the fine prescribed for the traffic
violation;
(d) add, alter or remove the
number of demerit points in
respect of any traffic
violation;
(e) prescribe the methods and payees
for payment of a fixed penalty; and
(f) add to, or remove from the Eighth
Schedule the name of any
Corporation or public body.
(2) An Order made under
subsection (1) shall be subject to negative
resolution of Parliament.
264 No. 9 Motor Vehicles and Road Traffic (Amendment) 2017

PART VIA
LEGAL PROCEEDINGS, DEMERIT POINTS,
SUSPENSION AND CANCELLATION OF
DRIVING PERMITS
Power to 88E. Upon the trial of a person who is
indicted for manslaughter in connection
convict for
reckless or
dangerous
with the driving of a motor vehicle by him,
it shall be lawful for the jury, if they are
driving on
trial for

satisfied that he is guilty of an offence


manslaughter

under section 71, to find him guilty of that


offence, whether or not the requirements of
section 73 have been satisfied as respects
that offence.
Power to 88F. (1) Where a person is charged with
an offence under section 70 or section 71A
proceed on
charge for
careless
and the Court determines that the offence
is not proved, then, at any time during the
driving on
hearing of

hearing or immediately thereafter, the


charge under
section 70 or

Court may, without prejudice to any other


71A

direction or order that may be made, direct


or allow a charge for an offence under
section 72 to be preferred against the
defendant and may thereupon proceed
with that charge.
(2) A defendant under subsection (1)
or his Attorney-at-law shall be informed of
the new charge and be given an
opportunity, whether by way of cross-
examining any witness whose evidence has
already been given against the defendant
or otherwise, of answering the new charge,
and the Court shall, if it considers that the
defendant is prejudiced in his defence by
reason of the new charge being preferred,
adjourn the hearing.
No. 9 Motor Vehicles and Road Traffic (Amendment) 2017 265

Power of 88G. (1) Where a person is convicted of


Court to
an offence under section 70, 70A, 71, or
71A and an order has been imposed for the
require a
suspended

disqualification of the person from holding


permit be

or obtaining a driving permit for a stated


produced

period or permanently and where the


person holds a driving permit, the Court
before which the person is convicted shall
require him to produce the permit and
upon the making of an order of
disqualification, shall forfeit the permit
and return it to the Licensing Authority.
(2) A person who is disqualified
from holding or obtaining a driving permit
under subsection (1) may, after the
expiration of six months from the date of
the disqualification, apply to the Court by
which he was disqualified to remove the
disqualification.
(3) Where an application for
removal of the disqualification from
holding or obtaining a driving permit is
made under subsection (2) the Court may,
as it thinks proper, having regard to the
character of the person disqualified and his
conduct subsequent to the disqualification,
the nature of the offence and any other
circumstances of the case, either by order,
remove the disqualification as from the
date specified in the order or refuse the
application.
(4) Where an application is refused
under this section a further application
shall not be made within six months from
the date of the refusal.
(5) Particulars of a conviction or
disqualification or of the removal of a
disqualification under this Act shall be
furnished to the Transport Commissioner.
266 No. 9 Motor Vehicles and Road Traffic (Amendment) 2017

(6) The costs of any application


referred to in this section may be borne in
whole or in part by the applicant, as the
Court may order.
(7) In this section, “driving permit”
includes a provisional permit.
Right of 88H. A person who, by virtue of an order
appeal
of a Court under section 88F is disqualified
from holding or obtaining a driving permit
may appeal against the order in the same
manner as against a conviction, and the
Court may, if it thinks fit, pending the
appeal, suspend the operation of the order.
Production of 88I. Where a person who holds a
offender’s
driving permit is convicted of an offence
under section 70, 70A, 71, or 71A,
Record of
Conviction

the Court may in order to impose an


appropriate penalty, require the Transport
Commissioner to produce for its inspection
the offender’s Record of Conviction.
Establishment 88J. (1) The Licensing Authority shall,
for the purpose of administering demerit
of Demerit

points, establish and maintain a register to


Points
Register

be known as “the Demerit Points Register”.


(2) All demerit points recorded
against the driving permit record of a
person for an offence or a traffic violation
shall be duly recorded by the Licensing
Authority in the Demerit Points Register.
(3) The contents of the Demerit
Points Register shall, for the purposes of
all proceedings in a Court, be prima facie
evidence of all information contained
therein and extracts of the Demerit Points
Register purporting to be certified as such
by the Transport Commissioner, shall be
admissible in evidence in Court.
No. 9 Motor Vehicles and Road Traffic (Amendment) 2017 267

Demerit 88K. (1) Subject to subsection (2), where


a person is convicted for an offence or a
points

traffic violation listed in the First Column


of the Ninth Schedule that carries demerit
points, the demerit points as prescribed in
the Fourth Column in the Ninth Schedule
for that offence or traffic violation shall be
recorded against the driving permit record
of the person so convicted.
(2) Where a person appeals against
conviction under subsection (1), no demerit
points shall be recorded against the driving
permit record of the person unless the
conviction is confirmed on appeal.
(3) Where a fixed penalty notice is
issued under section 81 for a traffic
violation that carries demerit points—
(a) the fixed penalty for the traffic
violation is paid in accordance with
the requirements of the fixed
penalty notice; or
(b) the time specified for the payment
of the fixed penalty has expired
and a notice to contest was not
filed by the driver or owner within
the specified time,
the number of demerit points as prescribed
in the Fourth Column of the Ninth
Schedule for the traffic violation shall be
recorded against the driving permit record
of the person.
Simultaneous 88L. (1) Subject to subsection (2), where
a person is charged with more than one
traffic
violations
traffic violation or served with more than
one fixed penalty notice for traffic
violations that carry demerit points and
268 No. 9 Motor Vehicles and Road Traffic (Amendment) 2017

those traffic violations arise out of one


incident and that person—
(a) is convicted of two or more of the
traffic violations for which he was
charged; or
(b) has made payment in respect of
two or more of the traffic violations
for which he was issued a fixed
penalty notice,
he shall be liable to have recorded against
his driving permit record, demerit points
for the traffic violation that carries the
highest number of demerit points and
where the traffic violations carry an equal
number of demerit points, the person shall
be liable to have recorded against his
driving permit record, demerit points for
only one traffic violation.
(2) Where a person is charged for a
traffic violation under this Act that
involves—
(a) a failure to comply with the
indication given by a traffic light
signal under section 66A; or
(b) exceeding the specified speed limit,
that person shall be liable to have recorded
against his driving permit record the
demerit points prescribed for both traffic
violations in addition to the highest num-
ber of demerit points for any other traffic
violation arising out of the same incident.
Accumulation 88M. (1) Where a newly licensed driver
or the holder of a provisional permit
of demerit
points and
disqualifica-
accumulates seven or more demerit points
within a period of twelve months from the
tion

date of issue of the driving permit or the


No. 9 Motor Vehicles and Road Traffic (Amendment) 2017 269

provisional permit, the Licensing


Authority shall disqualify that person from
holding or obtaining a driving permit for a
period of one year.
(2) Where a person who holds a
driving permit for more than twelve
months, accumulates within a period of
three years—
(a) ten or more but less than fourteen
demerit points, the Licensing
Authority shall disqualify that
person from holding or obtaining a
driving permit for a period of six
months;
(b) fourteen or more but less than
twenty demerit points, the
Licensing 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, the
Licensing 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 in
writing of its intention to do so, and shall
specify a date not less than fourteen days
after the date of the notice, upon which the
suspension shall be made and call upon the
person to show cause why he should not be
disqualified.
(4) Where a person fails to show
cause under subsection (3) and the
Licensing Authority after taking into
270 No. 9 Motor Vehicles and Road Traffic (Amendment) 2017

consideration any facts in mitigation,


decides to disqualify that person from
holding or obtaining a driving permit, the
Authority shall forthwith, in writing,
notify that person of the disqualification.
(5) A disqualification imposed
under this section shall not take effect
until the expiration of fourteen days after
the Licensing Authority has informed the
person of the disqualification.
(6) Where a person has been
disqualified from holding or obtaining a
driving permit under this section, that
person shall, within fourteen days of being
informed of the disqualification, surrender
his driving permit to the Licensing
Authority.
(7) A person who fails to
surrender his driving permit to the
Licensing Authority as required under
subsection (6), commits an offence and is
liable to a fine of five thousand dollars and
further disqualification for an additional
period of one year.
(8) Where the disqualification
period under this section expires, all
demerit points recorded against the
driving permit record of the person shall be
expunged.
(9) A person who is disqualified
from holding or obtaining a driving permit
under this section may, within fourteen
days of the receipt of the notice under
subsection (4), appeal to a Court of
competent jurisdiction against that
decision and the decision of that Court
shall be final.
No. 9 Motor Vehicles and Road Traffic (Amendment) 2017 271

(10) For the purposes of sub-


section (1), “newly licensed driver” means a
person who is the holder of a driving
permit for a period of twelve months or less
from the date of issue.
Reissue of 88N. (1) A driving permit suspended by
driving permit
a Court or by the Licensing Authority
shall, during the period of suspension, be of
after dis-
qualification

no effect.
(2) A person whose driving permit
is suspended, or who is declared by a Court
or by the Licensing Authority to be
disqualified from holding or obtaining a
driving 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 removed
under section 88M(8).
(3) A person who is disqualified
from holding or obtaining a driving permit
may be reissued with a driving permit by
the Licensing Authority where he—
(a) participates in a driver’s
rehabilitation programme
approved by the Licensing
Authority;
(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 is
liable to a penalty of ten thousand dollars.
Demerit 88O. (1) Subject to subsection (2), where
points to be
demerit points have been recorded against
the driving permit record of a person and
expunged
after two

two continuous years have elapsed


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

without additional demerit points being


recorded, the demerit points recorded
against that person’s driving permit record
shall be expunged.
(2) Where a person is disqualified
by an order of a Court from holding or
obtaining a driving permit, any demerit
points recorded against the driving permit
record of that person shall be expunged.
(3) The Licensing Authority shall
have responsibility for calculating the
two-year period prescribed under
subsection (1) and in calculating the
period, shall not take into account any
period of suspension or disqualification by
virtue of an order of the Court or any
written law.
Double 88P. (1) The Minister may from time to
time by Order, prescribe the traffic viola-
demerit
points
tions specified in the First Column of the
Ninth Schedule that will carry double
demerit points and the period during
which the imposition of the double demerit
points shall apply.
(2) An Order made under
subsection (1) shall be published at least
five days prior to the commencement of a
prescribed period in the Gazette and in at
least one daily newspapers circulating in
Trinidad and Tobago.
(3) For the purposes of this section,
“prescribed period” means any period not
exceeding ten consecutive days.
Fraudulent 88Q. Where a person who, under this
application for
Part, is disqualified from holding or obtain-
ing or has been refused from obtaining a
driving permit
No. 9 Motor Vehicles and Road Traffic (Amendment) 2017 273

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 of
two thousand dollars and imprisonment
for six months.”.
36. Section 91 of the Act is amended— Section 91 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 a
fine of three thousand dollars”.
37. Section 93(1) of the Act is amended by inserting Section 93 amended
after the word “commits” the words “a traffic violation
or”.
38. Section 94 of the Act is amended by deleting the Section 94 amended
words “and to imprisonment for six months”.
39. Section 96(1) of the Act is amended by deleting Section 96 amended
the words “is guilty of an offence unless the offence” and
substituting the words “or traffic violation is liable
unless the offence or traffic violation”.
40. Section 97(2) of the Act is amended by deleting Section 97 amended
the words “is guilty of an offence and”.
41. Section 98(1) of the Act is amended by inserting Section 98 amended
after the word “offence” wherever it occurs, the words
“or traffic violation”.

42. Section 106 of the Act is amended by inserting Section 106 amended
after the word “fine” the words “of fifteen hundred
dollars for each traffic violation and a fine”.
274 No. 9 Motor Vehicles and Road Traffic (Amendment) 2017

Section 107 amended 43. Section 107(4) of the Act is amended by deleting
the words “or to imprisonment for three months”.
Section 108 amended 44. Section 108(1)(a) of the Act is amended by
deleting the words “or to imprisonment for three
months”.
Section 111 amended 45. Section 111(4) of the Act is amended by deleting
the word “criminal” in the first place where it occurs.
Fourth Schedule 46. The Fourth Schedule of the Act is amended in
amended
item 2(2), by deleting the words “guilty of an offence and
liable on conviction” and substituting the word “liable”.
Seventh, Eighth and 47. The Act is amended by inserting after the Sixth
Ninth Schedules
inserted Schedule, the following Schedules:
“SEVENTH SCHEDULE
(Section 20B)
BREACH OF CONDITION CONSTITUTING A TRAFFIC VIOLATION

Section Condition

15(2) Notification of destroyed or permanently


unserviceable vehicles or vehicles that have been
removed from Trinidad and Tobago.
19(6) Registration of transfer within fourteen days of
change of possession of a vehicle.

21 Vehicle to be used in compliance with its


registration.
23(1B) Windscreen or window of motor vehicle not to obscure
view of inside of the vehicle from outside.

43B(2) Motor vehicle to be fitted with seatbelts.

43C(1) Failure of a driver and any passenger seventeen years


and over to wear a seat belt while the vehicle is in
motion.
43C(1A) Driving a vehicle with a person in the front seat who
is not wearing a seat belt.

43D Children under the age of five years to be


properly restrained in motor vehicle.
No. 9 Motor Vehicles and Road Traffic (Amendment) 2017 275

SEVENTH SCHEDULE—CONTINUED

Section Condition
46 Instructor to be holder of valid driving permit and
give instructions to persons with a valid
provisional permit.
48 Person to be physically fit to be the holder of a
driving permit.
56 Person driving to be in possession of his driving
permit while driving.
56A Holder of driving permit from another country to
have his travel document showing date of arrival
while driving.
62 Driving within prescribed speed limits.
63 Take part in race or trial of speed with written
permission of the Commissioner of Police.
64 Comply with traffic signs.
65 Comply with Orders of the Minister in respect of
one-way roads and parking of motor vehicles.
66 Comply with traffic direction.
66A Comply with traffic light signal.
67 Comply with experimental traffic schemes.
68 Comply with Orders of the Commissioner of Police in
respect of the prohibition or restriction of traffic on
roads.
77 Person on motorcycle not to ride abreast of each
other, not to hold on to another moving vehicle and
not to carry unauthorized persons.
78 Driver not to distribute or allow the distribution of
advertisements from a moving vehicle.

107 Person not to park in space adjoining or attached to a


public building unless granted permission.
108(1)(a) Remove vehicle parked in contravention of Act at the
direction of police officer.
Fourth
Schedule Pay required motor vehicle tax.
276 No. 9 Motor Vehicles and Road Traffic (Amendment) 2017

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 Company


Limited

NINTH SCHEDULE

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

FIXED PENALTY AND DEMERIT POINTS

First Second Third Fourth


Column Column Column Column
Description of Relevant Fixed Demerit
Traffic violation or Section/Regulation Penalty Points
Offence $

1. Using or altering a Motor Vehicles and 1,000.00 3


motor vehicle or Road Traffic Act,
trailer for a Chap. 48:50,
purpose not section 21(1)(b)
authorised by the
registration or
Licensing Authority

2. Public Service Motor Vehicles and 750.00 3


Vehicle carrying Road Traffic Act,
excess Chap. 48:50,
passengers section 21(1)(c)
3. Goods vehicle Motor Vehicles and 750.00 3
carrying excess Road Traffic Act,
weight Chap. 48:50,
section 21(1)(c)
No. 9 Motor Vehicles and Road Traffic (Amendment) 2017 277

NINTH SCHEDULE—CONTINUED

First Second Third Fourth


Column Column Column Column
Description of Relevant Fixed Demerit
Traffic violation or Section/Regulation Penalty Points
Offence $
4. Use of motor Motor Vehicles and 2,000.00
vehicle with the Road Traffic Act,
windscreen or any Chap. 48:50,
other window fitted section 23(1)(d)
with glass so tinted,
treated or darkened
as to obscure the
view of the inside of
the vehicle from
outside

5. Use of motor Motor Vehicles and 1,000.00 3


vehicle under Road Traffic Act,
dealer’s licence by Chap. 48:50,
a person other than section 39
a dealer
6. Driving while Motor Vehicles and 14
disqualified from Road Traffic Act,
holding or Chap. 48:50,
obtaining a section 42
driving permit
7. Riding Motor Cycle Motor Vehicles and 1,000.00 4
without safety Road Traffic Act,
helmet Chap. 48:50,
section 43(1)
8. Failure of a driver Motor Vehicles and 1,000.00 4
and any Road Traffic Act,
passenger Chap. 48:50,
seventeen years and section 43C(1)
over to wear a seat
belt while the
vehicle is in motion

9. Driving a vehicle Motor Vehicles and 1,000.00 4


with a person in the Road Traffic Act,
front seat who is not Chap. 48:50,
wearing a seat belt section 43C(1A)
278 No. 9 Motor Vehicles and Road Traffic (Amendment) 2017

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First Second Third Fourth


Column Column Column Column
Description of Relevant Fixed Demerit
Traffic violation or Section/Regulation Penalty Points
Offence $
10. Driving a vehicle Motor Vehicles and 1,000.00 4
with a child in the Road Traffic Act,
front seat who is five Chap. 48:50,
years and under section 43D(1)(a)

11. Failing to place a Motor Vehicles and 1,000.00 4


child who is five Road Traffic Act,
years and under in a Chap. 48:50,
child restraint or section 43D(1)(b)
booster seat in the
vehicle while
driving the
vehicle

12. Offences of Motor Vehicles and 2,000.00 9


driving instructor Road Traffic Act,
Chap. 48:50,
section 46
13. Exceeding the Motor Vehicles and
specified speed Road Traffic Act,
limit— Chap. 48:50,
section 62(1)
by 1 to 9 km per 1,000.00 0
hour

by 10 to 20 km per 1,500.00 2
hour

by 21 to 30 km per 2,000.00 4
hour

by 31 km or more 3,000.00 6
per hour
14. Motor racing and Motor Vehicles and 1,000.00 6
speed trials between Road Traffic Act,
motor vehicles with- Chap. 48:50,
out permission section 63
No. 9 Motor Vehicles and Road Traffic (Amendment) 2017 279

NINTH SCHEDULE—CONTINUED

First Second Third Fourth


Column Column Column Column
Description of Relevant Fixed Demerit
Traffic violation or Section/Regulation Penalty Points
Offence $
15. Traffic Signs Motor Vehicles and 1,000.00 3
Road Traffic Act,
Chap. 48:50,
section 64
16. Breach of Traffic Motor Vehicles and 1,000.00 3
Order made by the Road Traffic Act,
Minister Chap. 48:50,
section 65(1)
17. Failing to comply Motor Vehicles and 1,000.00 3
with directive of a Road Traffic Act,
police constable Chap. 48:50,
section 66(a)
18. Failing to comply Motor Vehicles and 1,000.00 3
with a traffic sign Road Traffic Act,
or notice Chap. 48:50,
authorised by the section 66(b)
Licensing
Authority or
Commissioner of
Police,
respectively.
19. Failing to comply Motor Vehicles and 1,000.00 3
with a traffic light Road Traffic Act,
signal Chap. 48:50,
section 66A
20. Failing to comply Motor Vehicles and 1,000.00
with a traffic light Road Traffic Act,
signal captured Chap. 48:50,
under Part VA section 66A

21. Contravention of Motor Vehicles and 1,000.00 3


Traffic Order Road Traffic Act,
made by the Chap. 48:50,
Commissioner of section 68(7)
Police
280 No. 9 Motor Vehicles and Road Traffic (Amendment) 2017

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First Second Third Fourth


Column Column Column Column

Description of Relevant Fixed Demerit


Traffic violation or Section/Regulation Penalty Points
Offence $

22. Breach of Motor Vehicles and 1,000.00 3


parking Road Traffic Act,
restriction made by Chap. 48:50,
the Minister section 69(1)(b)

23. Driving when Motor Vehicles and 9


under the Road Traffic Act,
influence of drug Chap. 48:50,
section 70

24. Driving or being in Motor Vehicles and 9


charge of a vehicle Road Traffic Act,
while blood alcohol Chap. 48:50,
levels exceed section 70A
prescribed limit

25. Failure to provide a Motor Vehicles and 14


specimen of breath Road Traffic Act,
or blood Chap. 48:50,
section 70B

26. Failure to submit Motor Vehicles and 14


breath analysis or Road Traffic Act,
wilful alternation Chap. 48:50,
of concentration of section 70C
alcohol in his
breath or blood

27. Careless Driving Motor Vehicles and 6


Road Traffic Act,
Chap. 48:50,
section 72
No. 9 Motor Vehicles and Road Traffic (Amendment) 2017 281

NINTH SCHEDULE—CONTINUED

First Second Third Fourth


Column Column Column Column
Description of Relevant Fixed Demerit
Traffic violation or Section/Regulation Penalty Points
Offence $
28. Motor Cyclist Motor Vehicles and 750.00 2
holding onto Road Traffic Act,
another moving Chap. 48:50,
vehicle section 77(2)(a)
29. Motor Cyclist Motor Vehicles and 750.00 2
riding with no Road Traffic Act,
hands on the Chap. 48:50,
handle bar section 77(2)(b)
30. Throwing or Motor Vehicles and 300.00
distributing Road Traffic Act,
advertisements or Chap. 48:50,
handbills from a section 78(1)
vehicle

31. Standing for hire Motor Vehicles and 750.00 3


at a place not Road Traffic Act,
appointed for the Chap. 48:50,
purpose section 91(3)

32. Unauthorised Motor Vehicles and 750.00 2


parking on grounds Road Traffic Act,
of a public building Chap. 48:50,
section 107(1)
33. Defaced or Motor Vehicles and 450.00 3
defective Road Traffic Act,
identification Chap. 48:50,
plate Regulation 7
34. No identification Motor Vehicles and 750.00 3
plate fixed to the Road Traffic Act,
front or back of the Chap. 48:50,
vehicle Regulation 9
35. No identification Motor Vehicles and 300.00 2
lights for the Road Traffic Act,
illumination of Chap. 48:50,
identification Regulation 10
marks on vehicle at
night
282 No. 9 Motor Vehicles and Road Traffic (Amendment) 2017

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First Second Third Fourth


Column Column Column Column
Description of Relevant Fixed Demerit
Traffic violation or Section/Regulation Penalty Points
Offence $
36. Failing to observe Motor Vehicles and 1,200.00
restrictions on Road Traffic Act,
pedestrian Chap. 48:50,
crossings Regulations 16, 17
and 18

37. Number of Motor Vehicles and 300.00


passengers to be Road Traffic Act,
carried not Chap. 48:50,
printed on right Regulation 17(a)
front door of taxi

38. Failure to Motor Vehicles and 1,000.00 9


produce a vehicle for Road Traffic Act,
inspection/Driving a Chap. 48:50,
vehicle without a Regulation 27(11)
valid inspection
sticker and certifi-
cate

39. No Tare and Motor Vehicles and 1,000.00


M.G.W. painted on Road Traffic Act,
vehicles Chap. 48:50,
Regulation 28(1)(h)

40. Vehicle with Motor Vehicles and 450.00 2


defective fittings Road Traffic Act,
Chap. 48:50,
Regulation 28(1)(i)

41. Vehicle without Motor Vehicles and 300.00 3


silencers or Road Traffic Act,
fitted with cut outs Chap. 48:50,
Regulation 28(1)(j)

42. Unauthorised Motor Vehicles and 750.00 3


lights to front or Road Traffic Act,
rear of vehicle Chap. 48:50,
Regulation 28(1)(k)
No. 9 Motor Vehicles and Road Traffic (Amendment) 2017 283

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First Second Third Fourth


Column Column Column Column
Description of Relevant Fixed Demerit
Traffic violation or Section/Regulation Penalty Points
Offence $
43. Unauthorised Motor Vehicles and 750.00
letters and Road Traffic Act,
figures on Chap. 48:50,
vehicle Regulation 28(1)(l)
44. Vehicle without Motor Vehicles and 1,000.00 2
two head lamps Road Traffic Act,
Chap. 48:50,
Regulation 28 (1)(m)(i)

45. Vehicle without Motor Vehicles and 1,000.00 3


park lights Road Traffic Act,
Chap. 48:50,
Regulation 28(1)(m)(ii)

46. Vehicle without tail Motor Vehicles and 1,000.00 3


lights Road Traffic Act,
Chap. 48:50,
Regulation 28(1)(m)(iii)

47. Vehicle with Motor Vehicles and 1,000.00 4


unauthorised spot Road Traffic Act,
or swivel lights Chap. 48:50,
Regulation 28(1)(m)(iv)

48. No “left hand drive” Motor Vehicles and 300.00


notice affixed to Road Traffic Act,
appropriate Chap. 48:50,
vehicle Regulation 31(2)

49. Reversing on roads Motor Vehicles and 750.00 3


for an unreason- Road Traffic Act,
able Chap. 48:50,
distance Regulation 38,
Rule 1
50. Reversing at the Motor Vehicles and 1,000.00 2
junction of roads or Road Traffic Act,
around corner in Chap. 48:50,
the City of Regulation 38,
Port-of-Spain or Rule 1
San Fernando
284 No. 9 Motor Vehicles and Road Traffic (Amendment) 2017

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First Second Third Fourth


Column Column Column Column
Description of Relevant Fixed Demerit
Traffic violation or Section/Regulation Penalty Points
Offence $
51. Quitting vehicle Motor Vehicles and 1,000.00
before applying Road Traffic Act,
brakes and Chap. 48:50,
switching off Regulation 38,
engine Rule 3

52. Failing to keep Motor Vehicles and 1,000.00


vehicle to left on Road Traffic Act,
road Chap. 48:50,
Regulation 38,
Rule 5(1)

53. Improper Motor Vehicles and 1,000.00 3


overtaking on the Road Traffic Act,
left side of the road Chap. 48:50,
Regulation 38,
Rule 5(3)

54. Obstructing Motor Vehicles and 1,000.00 3


overtaking traffic Road Traffic Act,
Chap. 48:50,
Regulation 38,
Rule 5(4)

55. Improper Motor Vehicles and 1,000.00 3


overtaking on the Road Traffic Act,
right, cutting in Chap. 48:50,
Regulation 38,
Rule 5(5)
56. Overtaking Motor Vehicles and 1,000.00 3
traffic at a place Road Traffic Act,
dangerous to do so Chap. 48:50,
Regulation 38,
Rule 5(6)
57. Parking within Motor Vehicles and 500.00
nine metres of a Road Traffic Act,
corner Chap. 48:50,
Regulation 38,
Rule 5(10)
No. 9 Motor Vehicles and Road Traffic (Amendment) 2017 285

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First Second Third Fourth


Column Column Column Column

Description of Relevant Fixed Demerit


Traffic violation or Section/Regulation Penalty Points
Offence $

58. Drawing up Motor Vehicles and 500.00


alongside another Road Traffic Act,
vehicle; backing Chap. 48:50,
motor vehicle to Regulation 38,
kerb or roadside Rule 5(11)

59. Parking within Motor Vehicles and 500.00 2


three metres of a Road Traffic Act,
fire hydrant Chap. 48:50,
Regulation 38,
Rule 5(12)
60. Parking within Motor Vehicles and 1,000.00 2
three metres of the Road Traffic Act,
front of a fire Chap. 48:50,
station Regulation 38,
Rule 5(13)
61. Negligently or Motor Vehicles and 600.00 3
wilfully Road Traffic Act,
interrupting the Chap. 48:50,
free passage or Regulation 38,
causing an Rule 6
unnecessary
obstruction

62. Failing to draw up Motor Vehicles and 300.00


as close as possible Road Traffic Act,
to the side of the Chap. 48:50,
road Regulation 38,
Rule 11

63. Vehicle without Motor Vehicles and 300.00 3


horn Road Traffic Act,
Chap. 48:50,
Regulation 38,
Rule 12(1)
286 No. 9 Motor Vehicles and Road Traffic (Amendment) 2017

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First Second Third Fourth


Column Column Column Column
Description of Relevant Fixed Demerit
Traffic violation or Section/Regulation Penalty Points
Offence $
64. Permitting excess Motor Vehicles and 1,000.00
sparks, smoke or Road Traffic Act,
visible vapour to Chap. 48:50,
come from vehicle Regulation 38,
Rule 13
65. Vehicle carrying Motor Vehicles and 750.00 2
excessive projection Road Traffic Act,
Chap. 48:50,
Regulation 38,
Rule 15
66. Overcrowded Motor Vehicles and 1,000.00 3
vehicle Road Traffic Act,
Chap. 48:50,
Regulation 38,
Rule 16
67. Carrying persons Motor Vehicles and 1,000.00 3
in a dangerous Road Traffic Act,
manner Chap. 48:50,
Regulation 38,
Rule 17
68. Leaving broken- Motor Vehicles and 500.00
down vehicle on Road Traffic Act,
road unattended Chap.48:50,
Regulation 38,
Rule 18
69. Failing to draw up Motor Vehicles and 1,000.00 3
vehicle for passage Road Traffic Act,
of any engine or Chap. 48:50,
other apparatus of Regulation 38,
the Fire Service, Rule 19
Police Vehicles,
Defence Force
Vehicles or
Ambulances.
No. 9 Motor Vehicles and Road Traffic (Amendment) 2017 287

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First Second Third Fourth


Column Column Column Column

Description of Relevant Fixed Demerit


Traffic violation or Section/Regulation Penalty Points
Offence $

70. Towing other than a Motor Vehicles and 600.00 2


motor vehicle without Road Traffic Act,
written permission Chap. 48:50,
of the Licensing Regulation 38,
Authority Rule 20

71. Length of tow rope Motor Vehicles and 450.00


exceeding five Road Traffic Act,
metres Chap.48:50,
Regulation 38,
Rule 21

72. Vehicle without Motor Vehicles and 750.00 2


reflecting mirror Road Traffic Act,
Chap. 48:50,
Regulation 40

73. Vehicle carrying Motor Vehicles and 750.00 2


unsecured load Road Traffic Act,
Chap. 48:50,
Regulation 42
74. Use of noisy Motor Vehicles and 300.00 2
vehicle Road Traffic Act,
Chap. 48:50,
Regulation 43
75. Use of vehicle with Motor Vehicles and 1,000.00 3
defective tyres Road Traffic Act,
Chap. 48:50,
Regulation 44
76. Use of vehicle with Motor Vehicles and 300.00 2
no windshield Road Traffic Act,
wiper or defective Chap. 48:50,
wiper Regulation 46
288 No. 9 Motor Vehicles and Road Traffic (Amendment) 2017

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First Second Third Fourth


Column Column Column Column
Description of Relevant Fixed Demerit
Traffic violation or Section/Regulation Penalty Points
Offence $
77. Playing a musical or Motor Vehicles and 1,000.00
noisy instrument in Road Traffic Act,
a vehicle without Chap. 48:50,
permission of the Regulation 49
Licensing Authority

78. Driving vehicle on Motor Vehicles and 1,000.00 3


footpath or Road Traffic Act,
pavement Chap. 48:50,
Regulation 57
79. Public Service Motor Vehicles and 750.00
vehicle without Road Traffic Act,
spare tyre Chap. 48:50,
Regulation 76(j)
80. Public Service Motor Vehicles and 750.00
vehicle Road Traffic Act,
importuning of Chap. 48:50,
passenger Regulation 78
81. Taxi Driver Motor Vehicles and 750.00
unsuitably attired Road Traffic Act,
Chap. 48:50,
Regulation 79
82. Placing of Motor Vehicles and 300.00
advertisement on Road Traffic Act,
side of window of Chap. 48:50,
taxi Regulation 80
83. Taxi unattended at Motor Vehicles and 600.00
head of taxi stand Road Traffic Act,
Chap. 48:50,
Regulation 81(2)
84. Failing to occupy Motor Vehicles and 750.00
vacant space in Road Traffic Act,
taxi stand Chap. 48:50,
Regulation 94(2)
No. 9 Motor Vehicles and Road Traffic (Amendment) 2017 289

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First Second Third Fourth


Column Column Column Column
Description of Relevant Fixed Demerit
Traffic violation or Section/Regulation Penalty Points
Offence $
85. Parking in a Motor Vehicles and 750.00
public stand Road Traffic Act,
appointed for taxi Chap. 48:50,
Regulation 95

86. Stopping or Motor Vehicles and 1,000.00 3


parking or Road Traffic Act,
driving a motor Chap. 48:50,
vehicle on a Regulation 110A(2)
surveillance bay

87. Failing to Motor Vehicles and 300.00


preserve taxi Road Traffic Act,
driver’s badge Chap. 48:50,
against loss, Regulation 115
destruction or
defacement

88. Failing to Motor Vehicles and 450.00 2


produce taxi Road Traffic Act,
driver’s badge and Chap. 48:50,
licence on demand Regulation 115

89. Use of Priority Bus Special Roads 2,000.00 6


Route by (Traffic)
unauthorised Regulations
vehicle Chap. 48:01,
Regulation 2

90. Using or causing to Motor Vehicles 1,000.00 3


be used or Insurance (Third-
permitting a Party Risks) Act,
person to use a Chap. 48:51,
motor vehicle or section 3
licenced trailer on a
public road without
a valid policy of
insurance
290 No. 9 Motor Vehicles and Road Traffic (Amendment) 2017

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First Second Third Fourth


Column Column Column Column

Description of Relevant Fixed Demerit


Traffic violation or Section/Regulation Penalty Points
Offence $

91. Unauthorised Queen’s Park Act, 1,000.00


driving or Chap. 41:04,
parking within Regulation 1A
Queen’s Park
Savannah

92. Operation of maxi- Maxi-Taxi Act, 1,000.00 3


taxis outside Chap. 48:53,
specified route Regulation 7(1)

93. Vehicle painted in Maxi-Taxi Act, 1,000.00 3


such a manner as Chap. 48:53,
to be mistaken for section 12(1)
a maxi-taxi

94. Driving while Motor Vehicles and 1,000.00 3


holding or using a Road Traffic
hand held mobile (Mobile Devices)
device Regulations,
Chap. 48:50,
Regulation 4

95. Holding or using a Motor Vehicles and 1,000.00 3


hand held mobile Road Traffic
device while (Mobile Devices)
supervising the Regulations,
holder of a Chap. 48:50,
provisional Regulation 5
permit
No. 9 Motor Vehicles and Road Traffic (Amendment) 2017 291

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First Second Third Fourth


Column Column Column Column
Description of Relevant Fixed Demerit
Traffic violation or Section/Regulation Penalty Points
Offence $
96. Using a wireless Motor Vehicles and 1,000.00 3
communication Road Traffic (Mobile
device to view, send Devices)
or compose an Regulations,
electronic message Chap. 48:50,
while driving or Regulation 7
having charge of a
vehicle


48. The Motor Vehicles and Road Traffic Chap. 48:52

(Enforcement and Administration) Act is repealed.


repealed

49. The subsidiary legislation made under the Act, as Subsidiary legislation
set out in the First Column of the Schedule, are amended
amended to the extent set out in the Second Column of
Schedule

that Schedule.
SCHEDULE 1

(Section 49)
AMENDMENTS TO SUBSIDIARY LEGISLATION UNDER THE MOTOR
VEHICLES AND ROAD TRAFFIC ACT

Subsidary
Legislation Amendment

Motor Vehicles 1. In regulation 21(6), delete the words


and Road “guilty of an offence” and substitute the word
Traffic “liable”.
Regulations
2. In regulation 27(9), delete the words “is
G 1.6.44
guilty of an offence” and substitute the words
“would be liable”.
3. In regulation 27(10), delete the words “on
summary conviction” and the words “or
imprisonment for one year”.
292 No. 9 Motor Vehicles and Road Traffic (Amendment) 2017

SCHEDULE 1—CONTINUED

Subsidary
Amendment
Legislation
4. In regulation 27(11), delete the words
“commits an offence and is liable on summary
conviction,” and substitute the words “is liable”.
5. In regulation 27(12), delete the words
“commits an offence and is liable on summary
conviction to imprisonment for one year and” and
substitute 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 summary
conviction to imprisonment for one year and” and
substitute the words “is liable to”.
8. In regulation 39, delete the words “guilty
of an offence” and substitute the words “liable
under these Regulations”.
9. In regulation 43, delete the words “guilty
of an offence” and substitute the word “liable”.
10. Repeal regulation 49 and substitute the
following regulation:
“Prohibition on 49. A person who plays
or operates any instrument,
playing of musi-
cal or noisy
instruments in
television, video, radio, tape
deck, compact disc player,
a motor vehicle

amplifier, equaliser, or speaker


or other electrical or electronic
equipment for the purpose of
playing music or other
electrically or electronically
transmitted sounds, in a motor
vehicle, to the annoyance of any
resident or person in a street or of
any person in a place to which
the public is admitted or has
access, without the written
permission of the Licensing
No. 9 Motor Vehicles and Road Traffic (Amendment) 2017 293

SCHEDULE 1—CONTINUED

Subsidary
Amendment
Legislation

Authority, is liable under these


Regulations and the driver of a
motor vehicle who permits a per-
son to contravene this regulation
shall also be liable under these
Regulations.”.
11. In regulation 84(2), delete the words “on
summary conviction to a penalty” and substitute
the 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 three
months” 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 the
words “liable under”.
15. In Form 1 of the First Schedule, delete the
words “N.B. – It is an offence under the Act to
give any particulars which are not correct and
you 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 any
particulars which are false or in any material
respect 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 the
Motor Vehicles and Road Traffic Act, Ch. 48:50,
for any person to “make any statement which to
his knowledge is false, or in any material respect
misleading”, and the penalty on conviction is
$240 or six months hard labour or to both such
fine and imprisonment.”.
294 No. 9 Motor Vehicles and Road Traffic (Amendment) 2017

SCHEDULE 1—CONTINUED

Subsidary
Amendment
Legislation
Road Traffic In clause 3, delete the words “on summary
(Prohibited conviction to a fine of five hundred dollars or to
Parking) Order imprisonment for three months” and substitute
GN 206/1979 the words “to a fine of five hundred dollars”.
Miscellaneous In clause 3, delete the words “on summary
Roads conviction to a fine of five hundred dollars or to
(Unilateral imprisonment for three months” and substitute
Parking) Order the words “to a fine of five hundred dollars”.
GN 207/1979

Miscellaneous In clause 4, delete the words “on summary


Roads conviction to a fine of five hundred dollars or to
(Unilateral imprisonment for three months” and substitute
Alternate the words “to a fine of five hundred dollars”.
Parking) Order
GN 208/1979

Private Motor In clause 7, delete the words “on summary


Cars (Parking conviction to a fine of five hundred dollars or to
Places) Order imprisonment for three months” and substitute
GN 214/1979 the words “to a fine of five hundred dollars”.
Public Stands In clause 7, delete the words “on summary
(Taxis) conviction to a fine of five hundred dollars or to
Parking Order imprisonment for three months” and substitute
GN 212/1979 the words “to a fine of five hundred dollars”.

Public Stands In clause 5, delete the words “on summary


(Motor conviction to a fine of five hundred dollars or to
Omnibuses) imprisonment for three months” and substitute
Parking Order the words “to a fine of five hundred dollars”.
GN 213/1979
Goods Vehicles In clause 4, delete the words “on summary
Stands conviction to a fine of five hundred dollars or to
Parking Order imprisonment for three months” and substitute
GN 215/1979 the words “to a fine of five hundred dollars”.
Parking on In clause 3, delete the words “on summary
Dual Carriage- conviction to a fine of five hundred dollars or to
ways Order imprisonment for three months” and substitute
GN 216/1979 the words “to a fine of five hundred dollars”.
No. 9 Motor Vehicles and Road Traffic (Amendment) 2017 295

SCHEDULE 1—CONTINUED

Subsidary
Amendment
Legislation
Queen’s Park In clause 3, delete the words “on summary
Savannah conviction to a fine of five hundred dollars or to
Parking Order imprisonment for three months” and substitute
GN 73/1966 the words “to a fine of five hundred dollars”.
Independence In clause 3, delete the words “on summary
Square conviction to a fine of five hundred dollars or to
(Parking of imprisonment for three months” and substitute
Vehicles) the words “to a fine of five hundred dollars”.
Order
GN 220/1979
South Quay In clause 5, delete the words “on summary
(Parking of conviction to a fine of five hundred dollars or to
Vehicles) imprisonment for three months” and substitute
Order the words “to a fine of five hundred dollars”.
GN 219/1979
Broadway In clause 3, delete the words “on summary
(Parking of conviction to a fine of five hundred dollars or to
Vehicles) imprisonment for three months” and substitute
Order the words “to a fine of five hundred dollars”.
GN 218/1979

One-way In clause 3, delete the words “on summary


Traffic Order conviction to a fine of five hundred dollars or to
GN 211/1979 imprisonment for three months” and substitute
the words “to a fine of five hundred dollars”.
Eastern Main In clause 9, delete the words “on summary
Road Traffic conviction to a fine of five hundred dollars or to
Order imprisonment for three months” and substitute
GN 58/1976 the words “to a fine of five hundred dollars”.

Beetham In clause 3, delete the words “on summary


Highway conviction to a fine of five hundred dollars or to
Order imprisonment for three months” and substitute
GN 60/1976 the words “to a fine of five hundred dollars”.

Public Stand In clause 5, delete the words “on summary


(Maxi-Taxi) conviction to a fine of one hundred dollars or to
Parking Order imprisonment for three months” and substitute
LN 141/1981 the words “to a fine of one hundred dollars”.
296 No. 9 Motor Vehicles and Road Traffic (Amendment) 2017

SCHEDULE 1—CONTINUED

Subsidary
Legislation Amendment

Traffic Control In clause 10, delete the words “guilty of an


Taxi Stand offence and is liable on summary conviction to a
Location Order fine of five hundred dollars or to imprisonment
LN 113/1988 for three months” and substitute the words
“liable to a fine of five hundred dollars”.

Port-of-Spain In clause 7, delete the words “on summary


Transit Centre conviction to a fine of five hundred dollars or to
(Taxi Stand) imprisonment for three months” and substitute
Order the words “to a fine of five hundred dollars”.
LN 226/1997

Port-of-Spain 1. In regulation 14, delete the words “shall


Transit Centre be guilty of an offence and liable on summary
(Public Service conviction to a fine of five hundred dollars for a
Vehicle first offence and one thousand dollars for each
Station) subsequent offence” and substitute the words “is
Regulations liable to a fine of five hundred dollars for a first
LN 227/1997
traffic violation and to a fine of one thousand
dollars for each subsequent violation”.
2. In Form 1 of the Schedule, delete the
words “N.B.—It is an offence under the Motor
Vehicles and Road Traffic Act, Ch. 48:50 to give
any particulars which are not correct and you
will be liable to prosecution if you do so.”.
3. In Form 3 of the Schedule, delete the
words “N.B.: It is an offence under the Motor
Vehicles and Road Traffic Act, Ch. 48:50 to give
any particulars which are false or in any
material respect misleading and you will be
liable to prosecution if you do so.”.
4. In Form 4 of the Schedule, delete the
words “N.B.: It is an offence under the Motor
Vehicles and Road Traffic Act, Ch. 48:50 to give
any particulars which are not correct and you
will be liable to prosecution if you do so.”.
No. 9 Motor Vehicles and Road Traffic (Amendment) 2017 297

SCHEDULE 1—CONTINUED

Subsidary
Amendment
Legislation
Priority Bus In clause 8, delete the words “is guilty of an
Route (Traffic offence and is liable on summary conviction to a
Control) Order fine of five hundred dollars or to imprisonment
LN 99/1988 for three months” and substitute the words “is
liable to a fine of five hundred dollars”.
Priority Bus In regulation 8, delete the words “is guilty of an
Route (Special offence and liable on summary conviction to a
Roads Toll) fine of two hundred and fifty dollars” and
Regulations substitute the words “is liable to a fine of two
LN 75/1988 hundred and fifty dollars”.
Motor Vehicles 1. In regulation 4(2), delete the words
and Road “commits an offence and is liable on summary
Traffic (Mobile conviction to a fine of one thousand, five hundred
Devices) dollars or to imprisonment for three months” and
Regulations substitute the words “is liable to a fine of one
LN 281/2010 thousand, five hundred dollars”.
2. In regulation 5(2), delete the words
“commits an offence and is liable on summary
conviction to a fine of one thousand, five hundred
dollars or to imprisonment for three months” and
substitute the words “is liable to a fine of one
thousand, five hundred dollars”.
3. In regulation 7(2), delete the words
“commits an offence and is liable on summary
conviction to a fine of one thousand, five hundred
dollars or to imprisonment for three months” and
substitute the words “is liable to a fine of one
thousand, five hundred dollars”.
298 No. 9 Motor Vehicles and Road Traffic (Amendment) 2017

Passed in the Senate this 6th day of June, 2017.

B. CAESAR
Clerk of the Senate (Ag.)

Passed in the House of Representatives this 23rd day


of June, 2017.

J. SAMPSON-MEIGUEL
Clerk of the House

PRINTED BY THE GOVERNMENT PRINTER, CARONI


REPUBLIC OF TRINIDAD AND TOBAGO—2017

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