Third Session Ninth Parliament Republic of Trinidad and ...

1 Third Session Ninth Parliament Republic ofTrinidad and TobagoREPUBLIC OF Trinidad AND TOBAGOAct No. 5 of 2010[ ]ANACTto amend various Acts, namely the Queen s Park Act,Chap. 41:04, the highways act , Chap. 48:01, the MotorVehicles and Road Traffic Act, Chap. 48:50, the MotorVehicles and Road Traffic (Enforcement andAdministration) Act, Chap. 48:52 and the Maxi-Taxi Act,Chap. 48:53 to increase the pecuniary penalties formotor vehicle offences; to provide for the issue of ticketsfor certain motor vehicle offences; to regularize andincrease the period for the renewal of drivingpermits and to provide for related matter.[Assentedto 8th April, 2010]ENACTEDby the Parliament of Trinidad and tobago Act may be cited as the Motor Vehicles andRoad Traffic (Miscellaneous Provisions) Act, Queen s Park Act is amended in section 2(2),by deleting the words one hundred dollars andsubstituting the words two thousand dollars.

2 highways act is amended in section 149(2),by deleting the words five hundred dollars andsubstituting the words four thousand dollars .4.(1) The Motor Vehicles and Road Traffic Act isamended (a)in section 2 (i) by inserting after the definition of private motor car , the followingdefinition: private school bus meansa public service vehiclehaving seating capacity fornot less than nine normore than twenty-fivepassengers, used for trans-porting school children andis a type approved by theLicensing Authority; ; and(ii) in the definition of motoromnibus , by inserting after thewords hiring car the words private school bus ;(b)in section 16, by inserting after sub-section (2), the following subsection: (2A) Notwithstanding the require-ments of subsection (1) and any otherwritten law, the Minister may byOrder prescribe the identificationMotor Vehicles andRoad Traffic Act,Chap.

3 48:50amendedThe Queen s ParkAct, Chap. 41:04amendedShort titleHighways Act,Chap. 48:01amendedEnactment2No. 5 Motor Vehicles and Road Traffic2010mark to be carried on any registeredmotor vehicle or trailer owned or usedby the State. ;(c)in section 19A, by inserting after sub-section (2), the following subsection: (3) Subject to negative resolution ofParliament, the Minister with respon-sibility for finance may by Regulationsamend, suspend or revoke theprovisions of the Fifth Schedule. ;(d) in section 21 (i) in subsection (1) (A) in paragraph (b), byinserting after the words respect thereof or thewords is altered in amanner which may con-flict with the purposeor use for which it is regis-tered, without permis-sion from the LicensingAuthority or is ; and (B) in paragraph (ii), by delet-ing the words four hun-dred dollars and substi-tuting the words eightthousand dollars ; and(ii) by deleting subsection (5) and sub-stituting the following subsection: (5) Where a motor vehicle isused for a purpose for which itis not duly registered underthis Act, it is a defence on thepart of the owner to prove thatthe contravention was withouthis knowledge and that he hadtaken all reasonable steps toavoid the contravention.

4 ;No. 5 Motor Vehicles and Road Traffic20103(e)in section 23, by inserting aftersubsection (1A), the following subsection: (1B) Notwithstanding subsection(1A), a person who contravenes subsec-tion (1)(d), commits an offence and isliable on summary conviction to a fineof five thousand dollars. ;(f)by inserting after section 41, the followingsection:41A. The Licensing Authoritymay issue a special permit to theowner of a private school bus, usedto transport school children duringa school term, subject to suchconditions as may be specified inthe permit and on payment of theprescribed fee. ; (g)in section 43(2), by deleting the words fivehundred dollars and substituting the words two thousand dollars ;(h)in section 43A(1), by deleting all the wordsfrom the words (a)private motor car to thewords goods vehicle, and substituting thefollowing: (a)private motor car;(b)public service vehicle;(c)goods vehicle; and(d)rented car, ;(i)in section 43B(2), by deleting the words onethousand dollars and on any subsequentconviction to a fine of two thousanddollars and substituting the words fourthousand dollars and on any subsequentconviction to a fine of eight thousanddollars ;(j)in section 43C (i) in subsection (1), by deleting theword sixteen and substitutingthe word seventeen ; 4No.

5 5 Motor Vehicles and Road Traffic2010 Specialpermit forprivateschool bus(ii) by inserting after subsection (1),the following subsection: (1A) The driver of a motorvehicle referred to insection 43A(1) shall notwithout reasonable excusedrive a vehicle while there isin the front seat of the vehiclea person who is not wearing aseat belt. ;(iii) in subsection (2) (A) by inserting after thewords subsection (1) thewords or subsection (1A) ;and (B) by deleting the words five hundred dollars andsubstituting the words twothousand dollars ; and(iv) by repealing subsection (3)and substituting the followingsubsection: (3) A person shall not beconvicted under this section ifhe proves that at the materialtime he or the passenger, asthe case may be, held a validcertificate signed by a legallyqualified medical practitionerto the effect that it is inadvis-able on medical grounds forhim or the passenger to weara seat belt and the certificateshall be valid for a period ofnot more than two years fromthe date of issue.

6 ;No. 5 Motor Vehicles and Road Traffic20105(k)by repealing section 43 Dand substitutingthe following section:43D. (1) The driver of a motorvehicle referred to in section43A(1) shall (a)not, without reasonableexcuse, drive his vehiclewhile there is in the frontseat of the vehicle a childof five years of age andunder; and(b)ensure that a child (i) under six monthsof age, berestrained in aproperly fastenedand adjusted,reaward facingchild restraint;(ii)over six monthsand under fouryears of age,be restrainedin a properlyfastened and ad-justed, rearwardfacing child rest-raint or a forwardfacing child rest-raint that has anin-built harness;and(iii)over four yearsand under fiveyears of age,be restrained in aproperly6No. 5 Motor Vehicles and Road Traffic2010 Drivingwhile a childis in thevehiclefastened andadjusted, forwardfacing childrestraint that hasan in- builtharness oran approvedbooster seat thatis properlypositioned andfastened.

7 (2) The Minister may byOrder prescribe the type of childrestraint and booster seatreferred to in subsection (1).(3) Subsection (1)(b) shallnot apply to the driver of a pub-lic service vehicle. (4) The driver of a motorvehicle who contravenes this sec-tion commits an offence and isliable on summary conviction toa fine of two thousand dollars.(5) The driver of a motorvehicle shall not be guilty of anoffence under this section (a)if he proves that the childheld a valid certificatesigned by a medicalpractitioner to the effectthat it is inadvisable onmedical grounds for thechild to be placed in achild restraint or boosterseat and the certificateshall be valid for a periodNo. 5 Motor Vehicles and Road Traffic20107of not more than twoyears from the date ofissue; or (b)where there is only onerow of seats in thevehicle.

8 ;(l)in section 58, by repealing subsection (1)and substituting the following subsection: (1) Unless previously suspended,cancelled or revoked by the competentauthority, a driving permit shallexpire upon the expiration of (a)five years from the date ofissue or renewal, where onsuch date the holder of thepermit has not yet attainedthe age of sixty-one years;(b)four years from the date ofissue or renewal, where onsuch date the holder of thepermit has attained the age ofsixty-one years but has not yetattained the age of sixty-twoyears;(c)three years from the date ofissue or renewal, where onsuch date the holder of thepermit has attained the age ofsixty-two years but has not yetattained the age of sixty-threeyears; (d)two years from the date ofissue or renewal, where onsuch date the holder of thepermit has attained the age ofsixty-three years but has notyet attained the age of sixty-four years; 8No.

9 5 Motor Vehicles and Road Traffic2010(e)one year from the date of issueor renewal where on such datethe holder of the permit hasattained the age of sixty-fouryears but has not yet attainedthe age of sixty-five years; or(f)two years from the date ofissue or renewal, where onsuch date the holder of thepermit has attained the age ofsixty-five years and over. ;(m)By repealing section 61 Aand substitutingthe following section:61A. (1) Subject to sub-section (3), an applicant for theissue of a new driving permit whois the holder of a permit whichexpired, shall pay to the LicensingAuthority prior to the issue of thenew permit the sum of (a)three hundred and fiftydollars, where theperiod from the date ofexpiration to the date ofsubmission of the applica-tion is six months or less;(b)eight hundred andseventy-five dollars, wherethe period from the date ofexpiration to the date ofsubmission of the applica-tion is more than sixmonths but does notexceed three years.

10 Or(c)one thousand sevenhundred and fifty dollars,where the period from thedate of expiration to thedate of submission of theapplication is more thanthree years but does notexceed five 5 Motor Vehicles and Road Traffic20109 Expireddrivingpermit(2) An applicant who wasabsent from Trinidad and Tobagoduring the period specified in sub-section (1)(b)or (c), shall pay tothe Licensing Authority the sumof three hundred and fifty dollars.(3) An applicant for theissue of a new driving permit whois the holder of a permit whichexpired for a period which exceedsfive years, shall, whether suchperiod is spent in or out ofTrinidad and tobago , be requiredto produce a certificate of havingpassed a driving test in accor-dance with section 47 and shallpay to the Licensing Authority thesum of three hundred and fiftydollars prior to the issue of thenew permit.