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Title: Leeward Islands gazette
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Permanent Link: http://ufdc.ufl.edu/UF00076863/00062
 Material Information
Title: Leeward Islands gazette
Physical Description: reels. : ;
Creator: Leeward Islands (West Indies)
Publisher: Gov. Printing Office
Place of Publication: Antigua
Publication Date: 1872-
 Subjects
Subject: Politics and government -- Periodicals -- Leeward Islands (West Indies)   ( lcsh )
Genre: periodical   ( marcgt )
 Notes
Dates or Sequential Designation: 1- , 1872-
General Note: Two pages per frame.
General Note: Supplements, issued with some numbers, contain departmental reports, Meteorological registers, ordinances, statutory rules and orders, etc., of Antigua, St. Kitts and Nevis, Montserrat, and the British Virgin Islands.
 Record Information
Bibliographic ID: UF00076863
Volume ID: VID00062
Source Institution: University of Florida
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: aleph - 001724221
notis - AJD6739
 Related Items
Succeeded by: Antigua, Montserrat and Virgin Islands gazette

Table of Contents
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    Montserrat - Bill: Vehicles and Road Traffic Ordinance, 1950
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    Antigua - Statutory Rules and Orders, No. 16 of 1950: Telephone (Remission of Fees and Subscriptions) Regulations, 1950
        Page B-1
        Page B-2
Full Text






189


THE LEE I" ARl


GA T2E 5.


VOL. LXX THubliRSDAY, 23 EBl.

VOL. LXXVIII. THURSDAY, 3i 1) XOVEMBEI 150.


DS







No. 99.


Notices.


In accordance with Section 8 (1) of
the Defence Reserve Ordinance (No.
5 of 1913) the Governor has been
pleased to appoint JOHN LESLIE
WIGLEY, Esquire, to be President of
the Corps of the St. Kitts Defence
Reserve in the place of A. D.
MITCHELL. Esquire, resigned.
Nov. 15

Colonial .Yercetary's Office,
Lertu'ardt Islands,
at A ntiqua.
15th Noembner, 1950.
C.S.O. M.P. W/rroo0o.



His Excellency the Governor in
Council has been pleased to appoint
Mr. LIONEL IHIUlST to be a member
of the Antigua Electricity Board for a
term of two years, from the 28th
October, 1950.
This appointment is to replace Mr.
ANTHONY SHOUL who resigned his
membership of the Board from the
30th September, 1950.

Administration's Offirce,
A ntfitn.
171h V,'eneer, 1950.
A. 577(;



No. 119

The following Bill of the Presi-
dency of Montserrat, is published
with this Gazette and forms part
thereof:-
"'The Vehicles and Road Traffic
Ordinance, 1950.'


No. 1-0.
The following Statutory Rule and
Order is circulated with this Gazette
and forms part thereof:-

Antigua.

No. 16 of 1950, "The Telephone
(Remission of Fees and Subscriptions)
Regulations, 1950."


PROVOST MARSHAL'S OFFICE,
ANTIGUA, 9th November, 1950.

Notice is hereby given that there
will be sold on the premises in the
City of Saint John on Thursday the
30th (lay of November, 1950, at 12
o'clock noon the Landis anl tene-
ments belonging to the persons here-
after named.

LANDS NORTH OF ALFRED
PETERS STREET.

Heirs of Matthew, Ch:lvi litt Tobitt,
Alphonso Hamilton.

ALFIRED1 PrETI'ilS STH EET.
Louisa Mlannix,-Gwendolyn Hunte,
Chla les Anthony, \Audrey Martin,
Leslie Sa;inel, Parl Hutchinson,
John Brown.
DICKENSONBAY STREET.
Raphael Etinoff, Urusla Matthew,
Josiah Tittle, Evelyn George, Nathan-
iel White, Beatrice Julian, Alfred
Simon, Mary Hawkins, Estate of
Hagar Cann.
ST. GEORGE'S STREET.

Adelaide Williams, Mary Wells,
Samuel Billington, Estate of Stephen
Melvin. John Barnabas, Rebecca
George.
ST. JOHN'S STREET.
Edward Towsend, Cecilia Christian,
George Weston. Est. of Robert Chris-
tian, Peter Eml. Gonsalves. Heirs of
Keene. Alicia Hunte, Ellen Mc
Allister, Adelaide Buntin.

BISHOPGATE STREET.
Reginald Jarvis, Est. of Ada Jarvis,
Philip Jude, Charles King, James
Mapps, Heirs of Ledeatt, Matilda
Moitt, Heirs of Meggie. Heirs of
Jacob Martin.

NORTH STREET.

Mary Samuel, Ferdinand Martin,
Alfred Hunte, Heirs of S. Daniel,
John Sebastian, Titus Simon.

WAPPING STREET.

Ernest Martin, Heirs of Eml. Bryan.


THE POINT.

Eileen C & G. Reynolds, Amabelle
Lockhart, Alice M. King, Heirs of
Joseph Samuel. Joseph Mathurin,
Elmore G. Aska, Victoria Philip,
Byron Benjamin.

The same having beep levied upon
to satisfy the City Rule due threon
f'r the year 1950.

N. A. BERRIDG'E.
I'rov.st 1ias/ a1.


PROVOST MARSHAL'S OFFICE,
ANTIGUA, 16th November, 9)50.
Notice is hereby Lhiv\n that there
will be sold on the pre mirse ii the
City of Saint John on TlI 'risdiy the
7th dlay of Decemberi, 1:50(, at 12
o'clilck nion, there Ittles ;,nd teneinents
)eleiniing to the ptr', ,ns hereafter
nalned:-
LAN DS NORTH OF ALFRED
PETERS STREET.
Edmiund John, Albert Benjamin,
Olive Shervington, .Estlher C]hristian,
Samuel Davis, Kenneth Henry.
ALFRED PETERS STREET.

Eliza Jeflery, Alphlnso Hamilton,
Evan Hamilton, Monitargue Richards,
Winifred Robbins, Ruth Warner.
DICKENSONBAY STREET.

Edward Towsend, Kenneth Inr-
doch, John Lucas. Estate of Rachael
James, Margaret Josiah, Allan Jacobs.
ST. GEORGE'S STREET.

Leonard Benjamin, Isabella Davis,
Edward Terry, Elizabeth Edwards.
ST. JOHN'S STREET.
Estate of Henrietta Brown, Mildred
Swift, Heirs of Fred Adams, Matilda
Warrington, Mar y Simon, Alice
Adams, Est. of Georgiana Payne,
Victoria James.
MARINER'S LANE.

Isaline Perry, Irene Walker, Estate
of Sarah Walling, Martha Finch.

WILKINSON STREET.
Alice Jarvis, Joseph James. Lilian
Thibou, Estate of Joseph James.


4719. ?j 77

I- q 8?t










THE LEEWARD ISLANDS GAZETTE.


[23 November, 1950.


WAPPING LANE.

EK.::t o(f .John Ambrose, Florence
Seba:tian, Samuel Laviscount, .acob
A. ia'rtin, BenjaminL Lowen.

NEVIS STREET.

Estate of Thomas Byam, Hertha
Bucl-lev.

TANNER STREET.

E -,to of Frinci.-; O'Harro, Alexan-
der _l;iirtin.

SOUTH STREET.
i Robert Galloway, Joseph II. Martin,
Tryphina Joseph.

ClI1UCTII LANE.

Mary Ricliard's, Estaste of Eudora
Kirby, Arthur Thomnas.

OTTOS LAND.

Constance Thompson, Olgar'Tuitt.

OTTOS LANE.

Gertrude Richards, George Rich-
ards. Ebenezer Tonge, Joseph Lewis.

NELSON STREET.

Joseph Lewis, Albertha Parker,
Joseph Benjanin, Louisa Nicodemus.

The same having been levied upon
to satisfy the City Rate due thereon
for the year 1950.

N. A. BERRIDGE,
Prorost Mlarshal.



TRADE MARKS OFFICE,

ANTIGUA, 16th November, 1950.

LONDON CIRO GEM (EXPORT)
CO., LIMITED of 178 Regent Street,
London W., England, have applied for
Registration of one Trade Mark con-
sisting of the following:-


CIRO

in Class 14-goods of precious metals
and jewelry and imitations of such
goods and jewelry.

The Applicants claim that they
have used the said Trade Mark in
respect of the said goods for nine
yesrs before the date of their said
Application.

Any person may within three
months from the date of the first
appearance of this Advertisement in
the Leeward Islands Gazette, give
notice in duplicate at,the Trade Marks
Office, Antigua, of opposition to regis-
tration of the said Trade Mark.

N. A. BERRIDGE,
Registrar of Trade Marks.


TRADE MARKS OFFICE,
ANTIGUA, 2nd November, 1950.

NOILLY-PRATT & CIE of 165
Rue de Paradis, Marseille, France,
have applied for Registration of one
Trade Mark consisting of the follow-
ing:



I r a f -i'' .. i '"
F V i
C.,i. 1


Wi ViKI WLTM -J MRAT











The Applicants claim that they

have used the said Trade Mark in

years before the date of their said
Application.
Any person may within three
months from the date (,f the first
appearance of this Advertis mnent in
the Leeward Islands Gazette, give
notice in, duplicate at the Trade
Marks Ollice, Antigua, of opposition
IL RMark.
in Class 43--Fermented liquors and







BERIspirits.GE,
The Applicants claim that they






have used the said Trade Marks. in








TRADE MARKS OFFICE,
ANTIGUA, 16th November, 1950.

BATCHELOR PEAS, LIMITED,
of Limrespect of the Cosaid goods for fifty
Bridge, Shefore the date of their said
Applied for istration of one Trade
Mark consisting of the follwthin three:-
months from the date of the first
appearance of this Advertisi ment in
the Leeward Islands Gazette, give
notice in duplicate at thle Trade
Marks Ollice, Antigua, of opposition
to registration of the said Trade
Mark.
N. A. BEBRIDGE,
Registl Hr of 7'i iade Marks.

TRADE MARKS OFFICE,
ANTIGUA, 16th November, 1950.

BATCHELOR PEAS, LIMITED,
of Limestone Cottage Lan'.', Wadsley
Bridge, Sheffield, England, have ap-
plied for Togistration of one Trade
Mark consisting of the following-: -


in Class 42-Substances used as food
or as ingredients in food.

The Applicants claim that the said
Trade Mark is not in uso by any
other person or persons in the (',Coony.

Any person may w-ithin three
months from the date of the first
appearance of this Advertisement in
the Lecw(rd Islalds l(i, z. 'lle, give
notice in duplicate at the Trade Marks
Ollice, Antigua, of opposiition to regis-
tration of the said Trade M ark.

N. A. HIlEI DII)E,
Il'isfrar of Trlrd Mi/,rks.



REGISTRAR GRNEIAL'S OFFICE,

ANTIGUA.

In accordance with the provisions
of Section 16 of the Marriage Ordi-
nance, 1923, the following Building
has been registered in the Presidency
of Antigua as a building where Hanns
of Marriage may be published:-

The Church of Saint Michael and
All Angels at Coolidge Field.

Dated this 9th day of November,
1950.

N. A. BERRIDGE,
Registrar-General




Applications are invited for the post
of Surveyor in the Department of
Agriculture, Dominica. The appoint-
ment is non pensionable and will be
on a contract basis for a period of five
years. Salary will be at the rate of
$2,640.00 per annum. In addition,
subsistence allowance at the rate of
$3.60 per day will be paid. Car allow-
ance at the rate of $216.00 per annum
and 10c. per mile will be paid if the
officer is required to keep a car. A.
house is not provided.

Duties will consist mainly of sur-
vey and demarcation of crown lands
for sale under a Land Settlement
Scheme and the laying out of contour
works under a Soil Conservation pro-
gramme. The post requires active
responsible persons capable of work-
ing on their own.

Applications with details of qualifi-
cations accompanied by two recent
testimonials should be addressed to
the Superintendent of Agriculture,
Dominica, B.W.I.


L. KONG,
Acting Agricultural Superintndent.


'Ref. No. 13100004.


290









THE LEEWARD ISLANDS GAZETTE.


TENDERS.

Tenders are invited ftor the making
of uniforms for Petty '.i,- for the
year 1951 as follows:--

In Khaki drill for Petty Officers- -

(a) Tunic and tro.nsers.

(6) KhiIki sliirt \\I shorl leeves
;nlld |),'ket on eacIh i'reast
\\with Ilap to butntn.

(c) IKl:hlki tiroisers.

(d) Khaki shorts.

IIn blue serl e and cotton duck for
boatinen---

(a) Blue se'ge jumper and trou-
sers.

(b) Blue serge trousers only.

(r) Cotton duck jump r and
trousers.

The Government will supply the
necessary drill, serge, or duck, also
badges and official buttons for tunics.
All other materials are to be supplied


by the contractor. Prices ae; to in-
clude' the c;.st ,f iflixing Iadlges to
tun-ics or jiu pilis.

Tenders shioul 1,b ill sealed elnve-
lopes umark.ed TENDE1)7i F({OI
IVNIFO()iHA :n(l shJiould rl-ali ti
Ahmiinistr'itor's )ilte Ly 1.'2 clock
io(i on SM;itlld- iv thle 21 1 )" 'i-com 'e ,
1950).

Tile (i G vernt m niitt do(.s' not !iiild
itiselfo o a(ccipt lie lowest (o atny
tetl der.

If tlie delivery of uniforms is
delayed for a period exceeding I'otr"
week,-' at'ter tle liite of receipt of the
natterial or liuniforms are unsatisfi:c-
torily tailored. (iXoertlnment reserves
the right to cancel thle contract Iil
giving one week's notice in writing.

By Order,

J. L. ROBINSON,
Actiiig Cle,'k to dhe Admnitist'ator.

Administratorr'' Officr,
A4 o iqt1a.
10th Nornmbcr, 1950.
Ref. No. A. 210.


Publications issued from the
Government Printing Offioe.
Leeward Islands.

STATUTORY IUIA l & ORDERS.

Anitiqua.

No. 14 of 195 i). l-'eIution abolish-
ing Customlls iluty oni aircraft and air-
craft parts al l su-pplies."
1 pp. Price Id.
No. 15 of 1950(, "The Town and
Country Planint I. Regulations, 1950."
12 pp. Price 3d.

RAINFALL FIGURES.
Central Experiment Station,
Antigua.


19 17.
January 3t97
February 57
March 59
April '6*7
May :3"34
June I *49
July 2'97
August 2 50
September 7'82
October 28
November 18th '23


1949.
1 50
2"07
5"52

3'35
210
10 92
5"85
2"03


1950.
541
2 52
1 58
2'44
2o;0
1'66
1 85
10'71
5"13
216


2843 295'6 45"52 41'86


Colony of the Leeward Islands.

ANTIGUA CIRCUIT.


REGISTER OF TITLES.


Title by Registration Act.

SCHEDULE OF APPLICATIONS


ANTIGUA CIRCUIT.


for Certificates of Title, and Notings thereon for the week ending the llth day of November, 1950.


Date of Request.


9th day of
November,
1950.


Person presenting.



Robertson Ward of Mill Reef in
the Parish of Saint Phillip in
the Island of Antigua, Archi-
tect, and Dorothy Elliot Ward,
his wife by Sydney T. Chris-
tian their Solicitor.


Nature of request, whether for Certificate of Title, or
Noting thereon, or caveat.


Certificate of Title for all that piece or parcel of
land formerly part of Folliards Estate situate
in the Parish of Saint Phillip in the Island of
Antigua, containing 4.8928 acres all as the
same is delineated in the map or plan of said
piece or parcel of land dated the 2nd October,
1950, drawn by Llewellyn Cecil Wright,
Licensed Surveyor.


Anyone who objects to the issue of the Certificate of Title as applied for must within
twenty-one (21) days from the first publication of this Notice enter a Caveat at the office of the
Registrar of Titles for the Antigua Circuit.


Dated the 14th day of November, 1950.


N. A. BERRIDGE,
Registrar of Titles.


_ _


230 NnvemTFer, 19,501








THE LEEWARD ISLANDS GAZETTE.


Crown Land Applications.


Applications in connection with Crown Lands are notified in the 'a giving any person an opportunity of making any representation to this Office in relation to any such
application.

Such applications wll be inserted in at least three separate issues of the Gazette before they
will be dealt with by the Governor, so that applicants must be prepared for t iis delay.
The undermentioned application is hereby notified.


By Order,


J. L. ROBINSON,
'/ Crl, to the Administrator.


Administrator's Ofice,
Antl/ua,
111/h NKoember, 1950.


TO PURCHASE

All those pieces or parcels of land situate at Matthews Estate in the Parish of St. Paul in the
Island of Antigua all as the same are delineated on maps or plans of the said areas prepared by
Mr. WILLIAM JOHN ESSEX, Licensed Surveyor and containing the acreage set out and bounded as
follows:-


Acrea!/es.
(1) 2.010 acres.

(2) 0.765 acres.

(3) 0.692 acres.

(4) 21760 sq. ft.

(5) 5000 sq. ft.

(6) 5 000 sq. ft.





Ief. No. A. 796.


Boundaries.


On the North by Lot 87, on the South by Lots 78, 79 & 80, on the
East by Lots 84 & 85 and on the West by Crown Lands.
On the North by Lot 94, on the South by Lot 90, on the East by Lot
55 and on the West by a road.
On the North by Lot 86, on the South by a road, on the East by Lot 79
and on the West by a road.
On the North by Lot 51, on the South by Lots 48A & 48, on the East by
the All Saints Road and on the West by Crown Lands.
On the North by the Public Road, on the South by a village road, on
the East by Lot 16 and on the West by lot 18.
On the North by the All Saints Road, on the South by Lot 47A, on the
East by Lot 46 and on the West by lot 48.

J. L. ROBINSON,
for Administrator.
November, 1950.


ANTIGUA.
Printed at the Oovernment Printing Office, Leeward Islands, by E. M. BLadrKMAN,
Government Printer.-By Authority.
1950.


[Price 2d.)


292


[23 November, 1950.







No. of 1950. Vehicles and Road Traffic.


MONTSERRAT.

No. of 1950.

An Ordinance to provide for the regulation of
traffic on roads and for the licensing and
taxation of vehicles and for purposes con-
nected therewith.
BE IT ORDAINED by the Governor and
Legislative Council of Montserrat as follows:-
PART I.
PRELIMINARY.
1. This Ordinnnce may be cited as the Short title.
Vehicles and Road Traffic Ordinance, 1950.
2. In this Ordinance, unless the context Interpretation
otherwise requires-
"at night" means from half an hour after
sunset until half an hour before sunrise
or such other period for the lighting of
vehicles as may be fixed from time to
time by the Traffic Commissioner and
published in the Gazette;
"chauffeur" means a person who drives a
motor vehicle and receive compensation
therefore;
"Commissioner" means the person for the
time being holding the office of Com-
missioner of Montserrat and includes
every person for the time being acting as
Commissioner in his stead;
"Commissioner of Police" in the absence
from the Presidency of the officer for
the' time being lawfully performing the


MONTs9eIAT.







IMO;TZRflAT. 2


Vehicles and Road Traffic. No. of 1950.
duties of Commissioner of Police includes
the senior police officer stationed in the
Presidency;

"driver "-

(a) in relation to a trailer means
the driver of the vehicle by which the
trailer is drawn and drive" shall be
construed accordingly; and

(b) where a separate person acts as
steersman of a motor vehicle, includes
that person as well as any other person
engaged in the driving of the vehicle and
"drive shall be construed accordingly;
"maximum gross weight" in reference to a
motor lorry or motor.omnibus means the
tare weight together with load including
the weight of the driver, attendant, con-
ductor, passengers, and other persons on
the vehicle. For the purposes of this
definition the weight of a driver, atten-
dant, conductor or passenger (including
a child over seven years old) shall be
taken as 126 lbs;
"motor cycle" means a motor vehicle with
less than four wheels not equipped with
means of reversing and the weight of
which unladen does not exceed 8 cwt;

"motor lorry" means a motor vehicle con-
structed or adapted for use and used
primarily for conveyance or haulage of
goods, merchandise or other loads;
"motor omnibus" means a public service
vehicle which carries or is intended to
carry passengers and their luggage, goods
and merchandise or other loads and is
licensed to carry more than seven passen-
gers excluding the driver;
" motor vehicle" means -any mechanically
propelled vehicle intended or adapted
for use on roads;






S MOaNTSEBflT,


Vehicles and Road Traffce.


" overtaking includes passing or attempting
to pass any other vehicle proceeding
in the same direction;

"owner in the case of a motor vehicle that
is registered means the person in whose
name the vehicle is registered:

Provided that in the case of a
motor vehicle which is the subject of a
hire purchase agreement it means the
person in possession of the vehicle under
the agreement:
Provided further that whenever
the registered owner of a motor vehicle
is absent from the Presidency the
the person in actual charge or possession
of the vehicle in the Presidency shall be
deemed to be the owner thereof;
".parking place" means a place where motor
vehicles of any class or description may
wait;
"prescribed" means prescribed by this Ordi.
nance or Regulations made thereunder;
private motor car" means any motor vehi.
cle, other than a motor lorry, the weight
of which unladen exceed 8 cwt. and
which does not fall within the definition
of a public service vehicle;
"public service vehicle means a motor
vehicle used, for carrying passengers,
goods, merchandise or other loads for
hire or reward, whether at separate and
distinct fares for their respective places
or not;
road means any street, road or open space
to which the public are granted access
and any bridge over which a road passes,
and includes any privately owned street,
road or open space to which the public
are granted access either generally or
conditionally;


No. of 1950.







MONTSBRa;T. 4 Vehicles and Road Traffic. No. of 1950.

Regulations means Regulations made
under this Ordinance;
tare weight" means the actual weight of a
motor vehicle when unladen but inclu-
sive of the body, accumulators, loose
tools, spare wheels and other usual equip.
ment and a full supply of water and
fuel used for the purposes of propulsion;
"ton" means Imperial ton of 2240 lbs;

"tractor" means any motor vehicle con-
structed for the purpose of hauling
trailers whether or not it is itself
capable of carrying passengers or goods,
but does not include a motor lorry so
constructed except when -such motor
lorry is hauling a trailer;
"trailer" means any vehicle which has no
independent motive power of its own
and which is attached to a tractor or
other motor vehicle, but does not in.
clude a side-car attached to a motor-
cycle;
"traffic" includes bicycles, tricycles, motor
vehicles, vehicles of every description
and all animals being ridden, driven or
led and pedestrians;
"Traffic Commissioner" means the person
appointed under section 4 of this Ordi-
nance;
Treasurer" means the officer for the time
being performing the duties of Treasurer
of the Presidency;
"vehicle" includes carriages, waggons, carts,
motor vehicles, tractors, bicycles,tricycles,
vans, hand carts, sledges, trucks, barrows,
and all other machines for the convey-
ance of goods or persons.
Transport 8. (1) There shall be established as soon
Board, as may be after the coming into operation of this
Ordinance a body to be called the Montserrat Trans.








No. of 1950. Veldicls and Road Traffic.


port Board (hereinafter referred to as the Board ")
consisting of the Traffic Commissioner, the Inspec-
tor of Works and Roads and three other persons to
be appointed by the Commisioner.

(2) The Commissioner shall appoint one of
such persons to be chairman.
(3) The Commissioner may appoint another
person in the place of any member of the Board
who through illness, absence from the Presidency
-or for any other cause is unable to sit on the
Board.
(4) The Board may act by any three of its
members, and may so act notwithstanding any
vacancy in the number of members constituting
the Board.

(5) The Board shall have the power to
regulate its own procedure.
(6) The Board shall act in an advisory capa-
city and shall advise the Commissioner on all
matters appertaining to road transport and traffic
and in particular as to the following matters:-
(a) transport, rates, fares, tolls, dues or
other charges;
(b) licence duties and fees in respect of
motor and other vehicles;
(c) the regulation and control of traffic;
(d) any other matter affecting traffic or
transport that the Commissioner may refer to
the Board.

(7) The Board shall hear and determine any
appeal submitted by an aggrieved party against
any order or decision of the Traffic Commissioner,
the Licensing Officer or an Examining Officer and
the decision of the Board thereon shall be conclu-
sive.
4. (1) The Commissioner of Police or such Trafic Com.
other person as the Commissioner may appoint missioner.
shall be the Traffic Commissioner for the Presi-


5 MONTSERRAT.







MiNorIERRAT. 6 Vehicles and Road Traffic. No. of 190.

dency and the authority for the registration and
licensing of vehicles. It shall be his duty-
(a) to regulate and control traffic on
roads;
(b) to keep records of all accidents on
roads;
(c) to furnish annually to the Commis-
sioner a report of all accidents on roads which
result in death or injury to persons, and as
far as practicable the causes attributed to
such accidents;
(d) to keep a Drivers' Offences Book;
and
(e) to enforce the provisions of this
Ordinance and of any Regulations made
thereunder.
(2) Subject to the approval of the Commis-
sioner, the Traffic Commissioner may, by notice
in the Gazette, appoint a Licensing Officer, and
such Examining Officers, as may be necessary for
the due carrying out of the provisions of this
Ordinance or of any Regulations made thereunder.

(3) The Licensing Officer and all such
Examining Officer shall be under the direction of
the Traffic Commissioner.
Duties of 5. It shall be the duty of the Licensing
Licensing Officer on behalf of the Traffic Commissioner
omier, and in accordance with the provisions of this
Ordinance-
(a) to issue licences and certificates of
registration in respect of vehicles, drivers'
licences and conductors' licences;
(b) to keep a Register of-
(i) motor vehicles;
(ii) licensed motor drivers and li-
censed conductors;
(iii) animal drawn vehicles and pedal
bicycles; an4







Vehicles and Road Trafic. 7 MONTSBRAT.


(c) to perform all such other duties as
are or may be conferred or imposed upon
him by this or any other Ordinance or by any
Regulations made thereunder or by the
Traffic Commissioner.
6. It shall be the duty of an Examining Duties of
Officer, when so required by the Traffic Commis- amningo
sioner-
(a) to examine and report upon the
condition, construction and equipment of any
motor vehicle or other vehicles;
(b). to test applicants for drivers' licences
as to their competence to drive, and, if satis-
fied, to grant the necessary certificates of
competency;
(c) to perform all such other duties as
are or may be conferred or inlposed upon him
by this or any other Ordinance or by any
Regulations made thereunder.
7. (1) The fees and duties specified in the Fees and
First Schedule to this Ordinance shall be payable Dutie,.
to the Licensing Officer in respect of the several
matters to which they are applicable.
(2) All fees and duties received by the
Licensing Officer shall be paid into the Public
Treasury of the Presidency to the credit of the
General Revenue.
(3) The Governor in Council may by Order
amend, vary, suspend or revoke any or all of the
provisions of the First Schedule to this Ordinance:
Provided that an Order made under this
subsection shall be of no effect unless and until
approved by a resolution passed by the Legislative
Council.
PART II.
REGISTRATION AN) LICENSING OF MOTOR
VE HICLES.
8 (1) Save as hereinafter provided, no Registration
person shall drive or, being the owner, shall of vehi
permit any other person to drive a motor vehicle
on a road unless such vehicle is registered under


,No,, of 1950.






tMONTSER T. 8 Vehicles and Road Traffic. No. of 1960.

this Ordinance, and has affixed thereto in the
prescribed manner the prescribed identification
mark:
Provided that no person shall be liable to a
penalty for a breach of this section if he proves
that he has taken all reasonable steps to comply
with its requirements, and that the vehicle was
being driven on a road for the purpose of being
registered.
(2) Application for the registration of a
motor vehicle shall be made by the owner on the
prescribed form, which shall be duly completed by
the applicant and be accompanied by the prescribed
registration fee:
Provided that no registration fee shall be
payable in respect of the registration -of any motor
vehicle which was registered under the provisions
of any law in force in the Presidency prior to the
coming into operation of this Ordinance.
(3) The Licensing Officer shall, upon being
satisfied that the provisions of this Ordinance
and any Regulations and of any law for the time
being in force in the Presidency relating to the
protection of third parties against risks arising out
of the use of motor vehicles, have been complied
with, forthwith enter particulars of the vehicle in
the Register of motor vehicles and shall assign to
the vehicle a registered letter or letters ,nd
number, which shall be the identification mark of
such vehicle.
(4) A certified copy of the entry in the
Register of motor vehicles in the prescribed form
shall be given to the owner of the vehicle, and
such certificate of registration shall be regarded
as prima facie evidence that the vehicle to which
it refers has been registered.
(5) If a motor vehicle does not bear on it an
identification mark as provided by this section,
this fact shall be regarded as prima facie evidence
that the vehicle has not been registered, and any
police officer may detain such vehicle until
inquiries have been made,







So. of 1950. Vehicles and Road Traffic. 9 MONiSEBRaT.

(6) The onus of proving that a vehicle has
been registered shall be upon the owner of the
vehicle.
(7) The owner of a motor vehicle shall notify
the Traffic Commissioner of all circumstances or
events which affect the accuracy of the entries in
the Register of motor vehicle at the Fame time
forwarding his certificate of registration for
amendment. The Traffic Commissioner may call
upon any owner of a motor vehicle at any time to
furnish all information for the verification of the
entries in the Register of motor vehicles relating
to such vehicle.
(8) No. person shall be registered as the
owner of-
(a) a motor cycle, unless he is 16 years
of age or over;
(b) a motor vehicle other than a motor
cycle, unless he is 18 years of age or over.
9. (1) Before the registration of any Verification
motor vehicle the Licensing Officer shall verify all of application
for regis-
the particulars entered in the form of application, traction.
and may, if he deems it necessary, send any vehicle
to be examined by an Examining Officer for the
purpose of ensuring that it is of such construction
and in such condition as may be necessary for the
purpose for which it is sought to register the
vehicle.
(2) Before registering any motor lorry or
motor omnibus, the Licensing Officer shall ascer-
tain, in the manner prescribed, the maximum gross
weight or the maximum number of passengers
which the vehicle is authorised to carry and such
maximum gross weight or maximum number of
passengers shall be entered in the Register of motor
vehicles and in the certificate of registration.
10. (1) The registration of a mctor vehicle cancellation
shall remain valid so long as the vehicle is kept ofregis-
in use, and shall only be cancelled if the Traffic traction.
Commissioner is satisfied that the vehicle has been
destroyed or rendered permanently, unserviceable







iONTS-RIAT. 10 Vehicles and Road Traffic. No. of 1950.

or has been permanently removed from the Presi-
dency, or if it has not been re-licensed for three
consecutive years.
(2) The owner of any motor vehicle which
has been destroyed or rendered permanently
unserviceable or has been permanently removed
from the Presidency shall notify the Traffic Com-
missioner of such fact within one month of the
happening of such event.
Exemptions 11. (1) The following classes of motor
fromneed for vehicles shall be exempted from the need for
registration. r i
registration-
(a) private motor cars and motor cycles
brought in the Presidency by visitors for their
own use for a period not exceeding three
months, subject to such conditions as may be
prescribed;
(b) new motor vehicles in the possession
of manufacturers or dealers in motor vehi-
cles, intended for sale and not used except
with the permission in writing of the Traffic
Commissioner for the purpose of being tested
with a view to sale, subject to such conditions
as may be, prescribed.
(2) No fee shall be charged on the registration
of any motor vehicle or trailer-
(a) which is the property of the Gover-
nor or Commissioner used by him for his
official or personal duties; or
(b) which is the property of the Govern-
ment of the Presidency or Colony, or of any
government body or Village Council; or
(c) which is specially exempted by an
order of the Governor in Council on account
of its being used for any charitable, philan-
thropic or public purpose:
Provided that the exemIption hereby granted
from payment of the registration fee in respect of
a vehicle shall cease whenever the condition justi-
fying such exemption ceases to apply to that
vehicle,







No. of 1950. Vehicles and Road Traffic. 11 MONTSEBB^.

12. (1) On the change of possession of a Transferof
motor vehicle or trailer otherwise than by death- registration.
(a) the motor vehicle or trailer shall not
be used for more than seven days after such
change of possession unless the new owner is
registered as the owner thereof;
(b) the registered owner and the new
owner shall, within seven days after such
change of possession, make application in
writing signed by both of them to the Licen-
sing Officer giving the name and address of
the new owner and the date of change of
possession, and such application shall be
accompanied by the certificate of registration
and the prescribed fee. The Licensing Officer
shall thereupon by endorsement of the certifi-
cate of registration and entry in the Register
substitute the name of the new owner for that
of the registered owner and shall date and
initial the substitution, and from such date
the new owner shall for all purposes be deemed
to be the registered owner of the motor vehi-
cle or trailer described in the revelnt entry
in the Register of motor vehicles and in
such certificate of registration:
Provided that where the ownership of any
motor vehicle or trailer is changed as a result of any
legal or judicial process such application may be
made by the new owner alone, subject to the
other requirements of this section being complied
wilh.
(2) In the case of the death of the registered
owner the legal personal representative of the
deceased in the Presidency shall be deemed to be
the owner for the purposes of such transfer and, in
the absence of any legal personal representative in
the Presidency, the person into whose possession
the motor vehicle or trailer lawfully comes shall,
for the purposes of such transfer, be deemed to be
the registered owner:
Provided that such personal representative or
other person as aforesaid shall notify the Licensing
Officer of the death of the registered owner within
one month of the happening of the event.







MONTSRnAT. 12 Vehicles and Road Traffic. No. of 1950.

(3) At the discretion of the Licensing Officer
a new certificate of registration may be issued
intsead of endorsing the original certificate.
Licensing. 18. (1) No person shall drive, or being the
owner, shall permit any other person to drive, a
motor vehicle or trailer on a road unless such
vehicle or the trailer drawn by such vehicle is
licensed nnder the provisions of this Ordinance,
and if after the coming into operation of this
Ordinance-
(a) the owner of any motor vehicle or
trailer keeps for use or allows to be kept for
use such vehicle or trailer without having
obtained, or otherwise fails or omits to obtain,
the relevant licence prescribed in respect of
that motor vehicle or trailer: or
(b) any motor vehicle or trailer is used
upon any road for a purpose which is not
authorised by the licence issued in respect
thereof or in contravention of any provisions
of this Ordinance; or
(c) any motor lorry, motor omnibus or
trailer is used upon a road being loaded so as
to exceed the maximum gross weight or the
number of passengers respectively authorised
by the licence,
the owner or driver or other person in charge of
the motor vehicle or trailer, as the case may be,
who contravenes any of the provisions of the fore-
going paragraphs (a), (b), and (c) shall on
summary conviction be liable to a penalty not
exceeding ninety-six dollars:
Provided that the Traffic Commissioner may
in his discretion grant permission to enable a
vehicle licensed as a motor lorry to be used as a
private motor car for the conveyance of passengers
without hire or reward and, in such case, such
permission and any conditions attached thereto
shall be recorded on the relevant licence.
(2) Where the driver of any vehicle is
charged with an offence under the last preceding
sub-section, it shall be lawful for the Magistrate to
order that a summons be issued against any




:?



No. of 1950. Vehicles and Road Traffc 13 MOTSERRAT.

person alleged by the driver to be the owner of
the vehicle, making such alleged owner a co-
defendant in the case; and the Magistrate may,
after hearing the evidence and witnesses of all
parties, make such order in regard to the payment
of any penalty and costs as to the iMagistrate
seems just,

(3) A person shall not be convicted of an
offence under this section if he proves that he has
not had a reasonable opportunity of obtaining a
licence for the motor vehicle or trailer and that
such vehicle was being driven for the purpose of
obtaining a licence.

(4) Every vehicle shall, in all proceedings
under this Ordinance, be deemed to be kept for
use, until the contrary be proved by the owner of
such vehicle.

(5) Upon any conviction for an offence under
paragraph (a) of sub-section (1) of this section,
the Magistrate, in addition to any other penalty
which may be imposed, unless such licence duty
has been paid subsequent to the commission of
the offence, shall order the owner of the motor
vehicle or trailer to'pay into Court to the credit of
the Treasurer of the Presidency the amount of the
relevant licence duty which would have been pay-
able if such licence had been taken out at the
proper time, and in default of payment of such
amount the owner shall be liable to imprisonment
with or without hard labour for a term not exceed-
ing three months.

14. (1) Save as is hereinafter in this section Restrictions
provided- on icensing
of certain
motor
(a) no motor vehicle or trailer which vehicles.
exceeds the maximum gross weight of five
tons; and

.(b) no motor vehicle or trailer all the
wheels of which are not fitted with pneumatic
tyres,
shall be used upon any road:







MOnTSERUIT. 14 Vehicles and Road Traffc. No. of 1950.

Provided that the provisions of this sub sec-
tion shall not apply to any motor vehicle or trailer
of a maximum gross weight exceeding five tons
which was imported into the Presidency before
the day of 1950,

(2) The Traffic Commissioner may grant a
special permit to the owner of a tractor, motor
lorry, or trailer for conveying heavy machinery or -
other articles in excess of the maximum gross
weight of five tons, subject to such conditions
as may be specified in the permit, and on pay-
ment of a special fee calculated at the rate of
six cents per mile or part of a mile to be travelled
for each ton or part of a ton of the gross weight
to be transported in excess of the maximum gross
weight for which such tractor, motor lorry or
trailer is licensed,

(3) The Traffic Commissioner may grant a
special permit to the owner of any machine used
for industrial or agricultural purposes to enable
such machine to be moved from one place to
another, subject to such conditions as may be
specified in the permit and on payment of a special
fee calculated at the rate of six cents per mile or
part of a mile to be travelled for each ton or part
of a ton of gross weight to be transported.

(4) Any person to whom a permit has been
granted under this section who fails to observe
any of the conditions specified in such permit
shall be liable on summary conviction to penalty
not exceeding forty-eight dollars, and in addition
shall be liable for any damage occasioned by his
neglect or failure to observe any of such condi-
tions.

(5) Notwithstanding the issue of any permit
under sub-sections (2) and (3) of this section, no
fee shall be payable in respect of road rollers or in
respect of motor vehicles using roads which are
not maintained at the public expense, nor in any
case when the distance travelled along a public
road does not exceed one-half of a mile.







No. of 1950. Vehicles and Road Traflc. 15 MONTSERRAT.

15. Application for the licensing of a motor Application
vehicle or trailer shall' he made to the Licensing for hcp a0e
Officer on the prescribed form, and subsequent
applications for renewal of a licence shall be made
in person op by letter, the old licence being at the
same time returned to the Licansing Officer.
16. It shall be lawful for the Licensing Vehicle to
Officer before granting a licence (including a be weighed.
renewal) in respect of a motor vehicle or trailer
to-
(a) require such motor vehicle or trailer
to be weighed in the presence of a person
authorised by the Licensing Officer; and
(b) require the owner of a trailer to
specify the motor vehicle by which the
trailer is to be drawn.
17. Upon licensing any motor vehicle or Partioulars to
trailer the Licensing Officer shall enter in the be entered in
Register,
Register of motor vehicles opposite the entry
relating to that vehicle the number and date of the
licence issued in respect of such motor vehicle, and,
in the case of a trailer, shall enter the number and
date of the licence in the remarks column of the
Register opposite the entry relating to the vehicle
by which it is to be drawn.
18. No licence for any motor vehicle or Conditions to
trailer shall be issued by the Licensing Officer be satifed
before licence
until- is issued.
(a) the motor vehicle or trailer has been
duly registered;
(b) the motor vehicle or trailer has been
examined by an Examining Officer and a
certificate of fitness in respect thereof produced;
(c) in the case of a motor vehicle being
a public service vehicle the owner thereof,
where there are no laws for the time being'in
force in the Presidency relating to the protec-
tion of third parties against risks arising out
of the use of motor vehicles, has deposited
with the Treasurer as. security the sum of
four hundred and eighty dollars or has given,







Vehicles and Road Traffi. No,


executed and desposited with the Traffic
Commissioner, a bond in the sum of four
hundred and eighty dollars with one or more
sureties as may be required and approved by
the Traffic Commissioner conditioned that the
owner of the motor vehicle shall pay to His
Majesty the King, His Heirs and Successors,
every penalty which may at any time be
imposed or adjudged against him in respect
of any conviction for any offence against the
provisions of this Ordinance, and also any
damages and costs on any judgment for the
plaintiff in any action against the owner of the
motor vehicle for negligence in connection
with the vehicle sought to be licensed;
(d) the Licensing Officer is satisfied that
the provisions of this Ordinance and of any
Regulations made thereunder and of any law
for the time being in force in the Presidency
relating to the protection of third parties
against risks arising out of the use of motor
vehicles have been complied with.

(2) If any person who is a surety to a bond
given under the provisions of paragraph (c) of the
foregoing sub-section is desirous of being discharged
from his suretyship he shall be discharged at the
expiration of sixty days after notice in writing of
his desire to be so discharged has been served on
the Traffic Commissioner and the person for whom
he became bound as surety:

Provided always that, notwithstanding his
discharge, the surety shall continue to be.liable in
respect of all penalties, damages and costs adjudged
against such person in respect of any act done or
committed or any proceedings commenced before
the date of his discharge.
(3) In every case where any surety to a bond
required by this section-
(a) pays the whole or part of the sum
for which he became bound; or


(b)dies; or


MosTSBRHAT. 16


of 1960,







No. of 1950. Vehicles and Road Traffc. 1t7 MON~Sr
(c) is declared a bankrupt or is discharged
under any law of bankruptcy for the time
being in force in the Presidency; or
(d). leaves the Presidency without leaving
sufficient property therein to satisfy the sum
for which he is bound; or
(e) is discharged from his suretyship in
the manner hereinbefore provided,
the person for whom the surety was bound shall
not permit any motor vehicle covered by the
bond to ply for hiie until a new bond has been
executed and deposited in the manner hereinbefore
prescribed.
19. (1) If the condition of any bond given Proceedings
under section 18 of this Ordinance is not fulfilled, n bond.
the Traffic Commissioner may put the bond in
suit as against all or any of the persons bound
thereby.
(2) The amount recovered in any such suit
shall be pad into general revenue, except that the
Traffic Commissioner may when the bond has
been put in suit by reason of the non-payment of
damages and costs to a plaintiff, first deduct and
pay to ihe persons entitled thereto the amount of
such damages and costs.
(3) Proceedings on a bond shall not prevent
any other proceedings being taken to enforce the
payment of any balance that may be due in re-
spect of any penalty, damages or costs when the
amount of the penalty, damages or costs exceeds
the amount recovered under the bond.
20. The Licensing Officer shall not renew Renewal of
a motor vehicle or trailer licence unless- licence.
(a) he is satisfied that the motor vehicle
or trailer does not differ in any respect from
the particulars in the Register of motor
vehicles;
(b) the motor vehicle or trailer has been
examined by an Examining Officer and a certifi-
cate of fitness in respect thereof is produced;
and







MoNTSERBAT. 18


Licence in
respect of
public service
vehicles.







Alteration
of motor
vehicle
occasioning
higher licence
duty.


Vehicles and Road Traffic. No. of 1950.

(c) he is satisfied that the provisions of
this Ordinance and of any Regulatipns made
thereunder and of any law for the time being
in force in the Presidency relating to the
protection of third parties against risks arising
out of the use of motor vehicles have been
complied with.


21. In addition to the licence to be issued in
respect a motor vehicle (other than a motor cycle)
the duty in respect of which is set out at item 3 of
the First Schedule to this Ordinance, there shall be
issued a licence in respect of every motor vehicle
used as a public service vehicle and the duty in
respect thereof shall be as is set out in item 4 of
the First Schedule to this Ordinance.


22. (1) 'Where a motor vehicle in respect
of which a licence has been issued is altered after
the licence has been issued in such manner as to
cause the vehicle to become a vehicle in respect of
which a licence at a higher fee or a licence of
a different class is required, the licence shall become
void, but the holder of the licence shall, on surren-
dering the same and furnishing the particulars of
alteration, be entitled to receive a new licence in
respect of the vehicle, to have effect for the period
for which the surrendered licence would, if it had not
become void, have remained in force, on payment of
such amount, if.any, as represents the difference
between the amount payable on the new licence
and the amount paid on the surrendered licence.

(2) Where a licence has been taken out for
a motor vehicle to be used solely for a certain
purpose and the vehicle is at any time during the
period for which the licence is in force used for
some other purpose, the person so using the vehicle
shall, if the fee chargeable in respect of a licence
for a vehicle used for that purpose is higher than
the fee chargeable in respect of the licence held by
him, be deemed to be guilty of an offence under
section 13 of this Ordinance and the provisions
of that section shall apply accordingly.




1y9 ,gy,,,^,.,^.....---.--------- ,------ ;----.'~-- ---------




No. of 1950. Vehicles and Road Traffic. 19 MoNTsEam.

23. (1) The Traffic Commissioner shall Cancellation
have power to call up for examination at any time asi "'enion
any motor vehicle or trailer which he has reason to
believe is not in a fit and proper state of repair or
does not conform to the provisions of this Ordinance
S or of any Regulations as regards construction,
equipment, dimensions, weight and maintenance.
(2) If upon such examination, the Traffic
Commissioner is satisfied that the motor vehicle or
Trailer is so constructed or is in such a condition as
to. be a source of danger to any person travelling in
S the vehicle or to other users of the road or to be
injurious to the roads themselves or otherwise
Scontravenes any provisions of this Ordinance or any
Regulations, the Traffic Commissioner may cancel
or suspend any licence subsisting in respect of such
vehicle,
(3) A licence suspended by virtue of this
section shall, during the time of suspension, be of
no effect.
24. On transfer of ownership of a motor Transferof
vehicle or trailer, the Licensing Officer shall, on ownership.
payment of the prescribed fee, duly amend the
Register of motor vehicles and the licence, and it
shall not be necessary to issue a new licence.
2 25. (1) Every motor vehicle and trailer Licence
licence issued shall be in the prescribed form, and duties.
shall, unless previously suspended, cancelled or
revoked by competent authority, expire on the 31st
day of December next following the date of issue,
and the duties to be paid on such licences shall be
as set out in the First Schedule to this Ordinance:
Provided that if the Licensing Officer is
satisfied that the motor vehicle or trailer has not
been used on a road previously during the current
year, the following percentage only of the full
annual duty shall be payable, where a licence is
issued-
(a) in the second quarter of the year,
75% of the duty;
(b) in the third quarter of the year, 50%
of the duty;







MOrTSsRInT, 20 Vehicles and Road Traffic. No. of 1950.

(c) in the last quarter of the year, 25%
of the duty:
Provided also that where a motor vehicle or
-trailer has been used on a road during the current
year and the Licensing Officer is satisfied that
wheel tax has been paid in respect thereof under
2/1926. the provisions of the Motor Car Tax Ordinance,
1926, as amended, for the period ending 30th
April, 1951, the duties to be paid in respect of the
licences of such vehicles for the year 1951 shall be
662% of the duty:
Provided further that the Licensing Officer
may issue in respect of a motor omnibus a half-
yearly licence upon payment of half the yearly
licence fee specified in such Schedule, and any such
half-yearly licence shall expire on the 30th,day of
June or 31st day of December as shall first occur
after the issue thereof.
Exemptions. (2) No licence duty shall be payable in respect
of any vehicle which is exempt from registration or
from payment of registration fee under section 11
of this Ordinance so long as the condition justify-
ing such exemption continues.
Reba'es. (3) The Traffic Commissioner may in his
discretion authorise in regard to any motor vehicle
or trailer which has not been used for a continuous
period of at least three months in any year or which
has been rendered permanently unserviceable or
which has been permanently removed from the
Presidency, a rebate of such proportion of the
licence duty paid in respect of such vehicle as he
thinks fit, but not exceeding one-twelfth of the
annual licence duty for each complete month during
S which such vehicle was not in use, and the Treas-
urer shall, on the certificate of the Traffic
Commissioner and on surrender of the licence,
refund to the person named in the certificate the
amount certified for rebate.
Visitor's 26. (1) Where a private motor car or
licea2" motor cycle is brought into the Presidency for the
purpose of being used by the owner during a
visit, the Licensing Officer may issue a tempo-
rary licence to use the private motor car or motor








No. of 1950. Vehicles and Road Traffic. 21 Mn~TSEaRAT.
cycle for not more than three months on payment
of a fee equal to one-quarter of the duty payable
under the First Schedule to this Ordinance:
Provided that before a temporary licence
is issued, the visitor shall satisfy the Licensing
Officer that he holds a valid licence issued in the
country in which such private motor car or motor
cycle was last licensed and the provisions of any
law for the time being in force in the Presidency
relating to the protection of third parties against
risks arising out of the use of motor vehicles
have been complied with.
(2) A private motor car or motor cycle
being used under the authority of a temporary
licence shall he subject to such conditions as
may from time to time be prescribed, and shall
bear the identification marks of the country
where it was last registered together with such
other distinguishing mark as may be prescribed.
(3) No private motor car or motor cycle
used under the authority of a temporary licence
shall be used for hire or trade purposes.
PART III.
LICENSING OF DRIVERS AND CONDUCTORS.
27. (1) Save as in this section provided, Driver's
no person shall drive a motor vehicle on any licence.
road unless he is the holder of a driver's licence
and no person shall employ any other person to
drive a motor vehicle on any road unless the per-
son so employed is the holder of a Chauffeur's
Licence "; and if any person acts in contravention
of the provisions of this section he shall be
guilty of an offence:
Provided that if the offender has been
previously refused a driver's licence or is disquali-
fied for holding or obtaining such a licence he
may be arrested forthwith without a warrant
and he shall on summary conviction be liable to
imprisonment for a term not exceeding six
months or to a fine not exceeding four hundred
and eighty dollars.







MONTSERRAT. 22 Vehicles and'Road Traffic. No. of 1950.

(2) For the purpose of learning to drive, a
person not having a driver's licence may-

(a) use a motor cycle upon such road
and during such times as may be authorized
in writing by an Examining Officer;

(b) drive any motor vehicle, other than a
motor omnibus or motor lorry conveying goods
or passengers, upon such road and during such
times as may be authorised in writing by an
Examining Officer, if accompanied for the
purpose of instruction by a person holding ,a
driver's licence and sitting next to the driver.
In such case both the learner and the person
accompanying him shall be jointly and sever-
ally liable for any offence against this Ordi-
nance or of any Regulations committed during
the course of such instruction.

(3) Every motor vehicle used or driven under
the provisions of subsection (2) of this section shall
carry such identification marks as may be prescribed.

Classes of 28. Drivers' licences shall be of three classes,
drivers'
lioenoes. that is to say-
(a) "a Motor Cycle Driver's Licence"
which shall entitle the holder thereof to drive
a motor cycle, with or without a side-car;

(b) "a Private Driver's Licence which
shall entitle the holder thereof to drive, not
for reward, such class or classes of motor
vehicles as may be specified in the licence and
which his driving test proves him competent
to drive;
(c) "a Chauffeur's Licence" which shall
entitle the holder thereof to drive such class or
classes of motor vehicles as m ay be specified in
the licence and which his driving test or tests
prove him competent to drive.

Form of 29. Drivers' licences shall be in- such form
drivers'
dlioe,. as may be prescribed, and shall have affixed thereto
the signature of the holder thereof,








VeIelnes and Road Traffic. 23 MONTSERIUT.


30. On the issue of a driver's licence there Fees.
shall be payable the fee set out in the First Schedule
to this Ordinance.

81. Application for a driver's licence shall be Application
made to the Licensing Officer in such form as may lioence.'
from time to time be prescribed and shall be signed
by the applicant.
32. The Licensing Officer shall require every Certificate of
applicant for a driver's licence to produce a certifi- competency.
cate of having passed a driving test conducted by an
Examining Officer in accordance with lRegulations
made under the provisions of this Ordinance.
33. (1) A person shall be disqualified for Disqualifica-
holding or obtaining a driver's licence-- tion ino
drivers'
(a) if he is, by a conviction under this licence.
Ordinance, or by an order of court thereunder
disqualified for holding or obtaining a licence;
(b) in respect of a motor cycle, if he is
under the age of sixteen years;
(c) in respect of a private motor car, if he
is under the age of eighteen years;
(d) in respect of a public service vehicle,
other than a motor omnibus, if he is under the
age of nineteen years;
(e) in respect of a motor lorry, if he is
under the age of twenty years and has not
held a driver's licence under paragraph (c) or
(d) of this subsection for at least a year prior
to the date of his application for a driver's
licencejn respect of a motor lorry;
(f) in respect of a motor omnibus, if he
is under the age of twenty-one years and has
not held a driver's licence ,in respect of a
motor vehicle, other than a motor cycle, for at
least two years prior to the date of his appli-
cation for a driver's licence in respect of a
motor omnibus;
(g) if he is suffering from any disease or
other disability which in the opinion of the
Traffic Commissioner would be likely to cause
the driving of a motor vehicle by him to be a
source of danger to the public:


No. of 19)50.







Vehicles and ?oad Traffic. No. of 1950.


Provided that if a licence is refused by
virtue of this provision the applicant may
claim to be subjected to a test as to his fitness
or ability to drive a motor vehicle or a motor
vehicle of a particular class or description or a
motor vehicle of a particular form of construc-
tion, and if he passes such test and is not
otherwise disqualified the licence shall not be
refused by reason only of the provision of
this paragraph.
(2) During such time as any driver's licence
is suspended the holder thereof shall be disqualified
for holding or obtaining a driver's licence.
Partioulars 34. Upon issuing a driver's licence or a
on drr's andconductor's licence the Licensing Officer shall enter
licence, in the appropriate register the particulars of the
licence including the name, address and description
of the person licensed, the date of the licence and
any conviction ordered by a competent court to be
endorsed thereon.
Duration of 85. Drivers' licences shall unless previously
drivers' suspended, cancelled or revoked by competent
authority, expire on the 31st day of December
next following the date of issue:
Provided however that the Licensing Officer
may if he thinks fit issue a half-yearly licence upon
payment of one half of the yearly licence fee speci-
fied in the First Schedule, and any such half yearly
licence shall expire on the 30th day of June or
the 81st day of December as shall first occur after
the issue thereof.
Renewal of 86. -On or after the expiration of a driver's
driver's licence by effluxion of time and on application by
lience the holder thereof for the renewal of his licence,
the Licensing Officer shall, subject to the provi-
sions of section 33 of this Ordinance and on
payment of the prescribed fee, renew the licence.
Visitor's 87. It shall be lawful for the Licensing
temporary Officer to grant a temporary driver's licence other
licence, than a Chauffeur's Licence for any period not
exceeding three months to any applicant for the
same, wlen it is shown to his satisfaction that the
applicant is a bona fide visitor to the Presidency.


MOaTSERRAT, 24








SNo. of 1950. Vehicles a;:,d Road Traffic. 25 MONrsERRAT.
Such temporary driver's licence may be granted
with or without any driving test on the part of the
applicant, but shall be subject to such conditions
as may be stipulated on the licence and to the pay-
ment of the prescribed fee.
88. The driver of a motor vehicle shall, on Production of
being so required by any police officer, produce his driver
.driver's licence for examination so as to enable
such police officer to ascertain the name and address
of the holder of the licence and the date of issue of
the same, and if he fails so to do he shall be liable
on summary conviction to a penalty not exceeding
twenty-four dollars:
Provided that, if, within forty-eight hours
after the production of his licence was required, the
holder produces the licence in person at such police
station as may be specified to him at the time its
production was required, he shall not be charged
under this section.
39. If it appears to the Traffic Commis- cancellation
sioner that there is reason to beleive that any person l f driver'n
who holds a driver's licence is suffering from a disability.
disease or physical disability likely to cause the
driving by him of a motor vehicle, being a vehicle
of any such class or description as he is authorized
by the licence to drive, to be a source of danger to
the public and if, on enquiring into the matter, the
Traffic Commissioner is satisfied that the holder of
the licence is suffering from such dise ise or dis-
ability as aforesaid, then whether or not the holder
of the licence so suffering as aforesaid has previously
passed a driving test, the Traffic Commissioner
may, after giving to the holder of the licence notice
of his intention so to do, revoke the licence, and the
holder shall on receipt of such notice deliver the
licence to the Licensing Officer for cancellation.
40. (1) Except as otherwise approved by Motor
the Traffic Commissioner every motor omnibus omnibus to
shall at all times when in use on any road carry a conductor,
conductor in addition to a licensed driver.
(2) The owner of any motor omnibus used in
contravention of the provisions of this section shall
be guilty of an offence,








MONTSERRAT. 2(; VelC'ies and Road Traf ic. No.


Conductor's 41. No person shall act as a conductor of a
licence. motor omnibus unless he is licensed for the purpose,
and no person shall c(mplloy as a conductor any
Person who is not so licensed.

Application 42. (1) Any person who desire to be
forconductor's licensed as a conductor of a motor omnibus shall
licence.
apply to the Licensing Officer in the prescribed
form.

(2) A conductor's licence shall be in such
form ais may be prescribed and shall be issued
by the Licensing Officer on payment to him of the
prescribed fee and upon his being satisfied that the
provisions of any Regulations made under this
Ordinance have been complied with.

Duration of 43. A conductor's licence shall, unless
conductor's previously cancelled or suspended by- the Traffic
Commissioner, expire upon the 31st day of Decemn
ber next following the date of issue.


44. The Traffic Commissioner may cancel or
suspend the licence of any conductor on his being
convicted of an offence under this Ordinance or for
any contravention of the provisions of this Ordi-
nance or of any Regulations made thereunder.

PART IV.

LICENSING OF VEHICLES NOT PROPELLED
BY MECHANICAL POWER.

45. The Governor in Council may, by Order
published in the Gazette, provide-

(a) that any of the provisions of this
Ordinance or any Regulations relating to
motor vehicles shall apply, mutatis mutandis,
to animal drawn vehicles and pedal bicycles,
and the owners, drivers or riders thereof;
(b) that any specified class of animal
drawn vehicle shall be exempted from the
requirements of this Part of this Ordinance
in regard to licensing or the payment of
licence duties.


Cancellation
or suspension
of conductor's
licence.


Application
of other
provisions.


of 1950.







No. of 1950. Vehicles and Road Trafic. 27 MONTSERRAT.

46. Every animal drawn vehicle and every Licensingof
pedal bicycle shall be licensed in the manner pro- vehicles
vided in this Part of this Ordinance, ond it shall and pedal
be the duty of the owner or other person in charge bicycles.
of the vehicle on demand by any police officer to
produce such licence within'a reasonable time after
the demand is made..

47. The owner and driver or rider or other Ptnalty for
person in charge of any animal drawn vehicle or use of animal
of any pedal bicycle which is used on a road with- or pedal
out a licence in that behalf issued under this bicycles with-
out licence.
Ordinance shall each be guilty of an offence, and
shall each be liable on summary conviction to a
penalty not exceeding twenty-four dollars:

Provided that a person shall not be convicted
of an offence under this section if he proves that
he has not had a reasonable opportunity of obtain-
ing a licence and that the animal drawn vehicle or
pedal bicycle was being used on the road for the
purpose of obtaining a licence.

48. (1) Application for the licensing of Application
an animal drawn vehicle or pedal bicycle shall be t'o al. issue
made to the Licensing Officer in the prescribed
form, and subsequent applications for the renewal
of a licence shall be made in person or by letter,
the old licence being at the same time returned to
the Licensing Officer.

(2) Licences issued under this Part of this
Ordinance shall be in the prescribed form, and
shall expire on the 31st day of December follow-
ing the date of issue.

(3) The duties to be paid on such licences
shall be as set out in the First Schedule to this
Ordinance.

(4) No duty shall be charged for a licence in
respect of any animal drawn vehicle or pedal
bicycle which is the property of the Government
of the Presidency or Colony or of any government
body or Village Council,








MONTsaMRAT. 28 Vehicles and Road Traffic. No.


Power to fix
maximum
loads for
animal drawn
vehicles.


(5) Upon licensing any animal drawn vehicle
or pedal bicycle the Licensing Officer shall enter
in the Register of A ninal Drawn Vehicles and
Pedal Bicycles opposite the entry relating to that
vehicle or bicycle the number and date of the
licence.
49. The Licensing Offic'er may, if necessary
for the purpose of safety or for preventing injury
to roads or cruelty to animals by the overloading
of any animal drawn vehicle, endorse on the licence
the number of passengers or weight of load to be
carried, and, in that case, if the number of passen-
gers or the load carried on such vehicle is in excess
of such maximum, the driver or other person in
charge of the vehicle and the owner of the vehicle
shall each be guilty of an offence.
PART V.
DRIVING AND OTHER OFFENCES.
50. (1) No person shall drive a motor
vehicle of such class or description as is specified in
the Second Schedule to this Ordinance at a speed
greater than the speed therein specified as the
maximum speed at which a vehicle of that class or
description may be driven on a particular class
of road.
(2) A person charged under subsection (1)
of this section with the commission of an offence
shall not he liable to be convicted pf the offence
solely on the evidence of one witness to the
effect that in the opinion of the witness the
person charged was driving the vehicle at such
greater speed.
(3) Any person being the owner of a motor
vehicle, who aids, abets, counsels or procures any
person who is employed by him to drive such
motor vehicle on a road to commit an offence
under this section shall be guilty of an offence.
(4) The Traffic Commissioner may, by order
under his-hand, prohibit the driving of motor
vehicles over any bridge at a speed greater than
that specified by him in such order. Any such
order shall be published in the Gazette, and the


Speed.


of 1950.







SNo. of 1950. Vehicles anld Road Trafic. 29 MONTSERRAT.

limit of speed to be observed shall he indicated
on notice boards to be affixed to or displayed at
each end of such bridges.
(5) The Traffic Coummissioner may by order
published in the Gaze/le prohibit the driving of
motor vehicles generally or of a particular class
of motor vehicle above a specified speed over
any specified road or position of' a specified road
for a specified time:
Provided that so long as such prohibition
remains in force the Traffic Commissioner shall
erect and maintain traffic signs which shall state
the substance of the order published in the
Gazette and which shall be placed in such positions
as shall give adequate notice thereof to drivers of
vehicles.
(6) The Governor in Council may by Order
vary, or revoke any of the provisions of the
Second Schedule to this Ordinance:
Provided that an Order under this sub-section
shall be of nio effect unless and until it has been
approved by a resolution of the Legislative Council.
61. (1) Any person, who, when driving or Driver
attempting to drive, or when in charge of a motor when under
1 n influence of
vehicle on a road, is under the influence of drink liquor or
or drug to such an extent as to be incapable of drugs.
having proper control of the. vehicle, shall be
liable on summary conviction to a penalty not
exceeding two hundred and forty dollars or to
imprisonment with or. without hard labour for
a term not exceeding four months, and in the
case of a second or subsequent conviction either
to a penalty not exceeding four hundred and eight
dollars or t.) imprisonment with or without hard
labour for a term not exceeding six months or to
both such penalty and imprisonment.
(2) A person convicted of a second offence
under this section shall, without prejudice to the
power of the Court to order a longer period of
disqualification, be disqualified for a period of
twelve months from the date of the conviction-for
holding or obtaining a driver's licence, and on a
third condition for a like offence he shall be per-
manently disqualified for holdiiig a driver's licence,







MONTSUBRAT, 30 Vehicles and Road Traffc. No.


(3) Any police officer may arrest without
warrant any person committing an offence under
this section,
Rpokless or 52. (1) Any person who drives a motor
dang"es vehicle on a road recklessly, or at a speed or in a
manner which is dangerous to the public, having
regard to all the circumstances of the case, inclu-
ding the nature, condition and use of the road, and
the amount of traffic which is actually at the time,
or which might reasonably be expected to be, on
the road, shall be liable-
(a) on summary conviction to a penalty
not exceeding two hundred and forty dollars
or to imprisonment with or without hard
labour for a term not exceeding four months,
and in the case of a second or subsequent con-
viction either to a penalty not exceeding
four hundred and eighty dollars or to impris-
oninent with or without hard labour, for a
not exceeding six m nths or to both such
penalty and imprisonment;
(b) on conviction on indictment to impris-
onment with or without hard labour for a
term not exceeding two years, or to a fine, or
both such imprisonment and fine.
(2) A person convicted of a second offence
under this section shall, without prejudice to the
power of the Court to order a longer period
of disqualification, be disqualified for holding or
obtaining a driver's licence for a period of six
months from the date of the conviction and on a
third conviction for a like offence he shall be per-
manently disqualified for holding or obtaining a
driver's licence.
Ca less 53. If any person drives a motor vehicle on
driving. a road without due care and attention, or. without
reasonable consideration for other persons using the
road, he shall be guilty of an offence and shall be
liable on summary conviction to a penalty not
exceeding one hundred and twenty dollars, and on
a second or subsequent conviction for a like offence
to be disqualified for holding or obtaiining a driver's
licence for such period as the Court shall think fit.


of 1950.







No. of 1950. Vehicles and Road Traffic. 31 MONTSE IAT,

64. (1) Any person who promotes or takes Racing and
part in a race or lrial of speed between motor speedtrials,
vehicles on a road shall Ih liable on summary con-
viction ton penanlty Io,'t e'xc.(ding two hundred and
forty dollars or to iiprl'isi Imiiln with or without
hard labour, for a term not exceeding four months
or to both such penalty and imprisonment,

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

55. Upon the trial of a person who is indicted Power to
for manslaughter in connection with the driving convict for
of a motor vehicle by him, it shall be lawful for the dangerous
jury, if they are satisfied that he is guilty of an driving,
offence under section 52 of this Ordinance, to find
him guilty of that offence, whether or not the
requirements of section 57 of this Ordinance have
been satisfied as respects that offence.

56. When a person is charged summarily Power to
before a Magistrate with an offence under section oe for
52 of this Ordinance (which relates to reckless or qreless
dangerous driving) and the Magistrate is of the sharing
opinion that the offence is not proved, then, at any charge under
time during the hearing or immediately thereafter, section 52.
the Magistrate may, without prejudice to any other
powers possessed I)y him, direct or allow a charge
for an offence under section 53 of this Ordinance
(which relates to careless driving) to be preferred
forthwith against the defendant and may thereupon
proceed with that charge, so however that the
defendant or his-solicitor or counsel shall be in-
formed of the new charge a nd lie given an oppor-
tunity, 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 Magistrate shall, if he
considers that the defienlant is prejudiced in his
defence by reason of the new charge being preferred,
adjourn the hearing.







Mo.NTWRBAT. 32 Vehicles and Road Traffi. No. of 1950.

Warning of 57. (1) Where a person is prosecuted for
oeutioa an offence under any of the provisions of this
Part of this Ordinance relating respectively to the
maximum speed at which motor vehicles may be
driven, to reckless or dangerous driving, and to
careless driving, he shall not be convicted unless
either-

(a) he was warned at the time the offence
was committed that the question of prosecuting
him for an offence under some one or other of
the provisions" aforesaid would be taken into
conisderation; or
(b) within fourteen days of the commis-
sion of the offence a summons for the offence
was served on him; or
(c) within the said fourteen days a notice
of the intended prosecution specifying the
nature of the alleged offence and the time and
place where it is alleged to have been com-
mitted was served on or sent by registered post
to him or the person registered as the owner of
the vehicle at the time of the commission of
the offence:
Provided that-
(i) failure to comply with this
requirement shall not be a bar
to the conviction of the accused
in any case where the Court is
satisfied that -
(a) neither the name arid
address of the accused nor the-
name and address of the regis-
tered owner of the vehicle could
with reasonable diligence have
been ascertained in time for a
summons to be served or for
a notice to be served or sent as'
aforesaid; or
(b) the accused by-his own
conduct contributed to the fail-
ure.





No. of 1950. Vehicles and Road Traffl 33 MoiTf.
(ii) the requirement of this section
shall in every case be deemed to
have been complied with unless
the contrary is proved,

58. (1) If the driver of a motor vehicle Duty to give
who is alleged to have committed an offence under adme and
the foregoing provisions of this Ordinance, as to to stop.
reckless or dangerous driving or careless driving arrest i
refuses, on being required by any person having certain cases,
reasonable grounds for so requiring, to give his
name and address, or gives a false name and address,
he shall be guilty of an offence.
(2) Any police officer may arrest without
warrant the driver of any motor vehicle who
within his view commits any offence under the
provisions of this Ordinance as to reckless or
dangerous driving or careless driving or racing on a
road, unless the driver either gives his name
and address or produces his driver's licence for
examination.
(3) Any person driving a motor vehicle on a
road shall stop the vehicle on being so required by
a police officer in uniform, and if he fails so to do
he shall be liable on summary conviction to a penalty
not exceeding twenty-four dollars.

59. (1) It shall not be lawful for more Restriotions
than one person to be carried on a road on a on persons
bicycle not propelled by mechanical power unless it bicycles.
is constructed with seats for the carriage of more
than one person.
(2) If any person is carried on such a bicycle in
contravention of the provisions of the foregoing
subsection, each of the persons carried shall be
liable on summary conviction to a penalty not
exceeding nine dollars and sixty cents in the case
of a first conviction and to a penalty not exceeding
twenty-four dollars in the case of a second or
subsequent conviction.
(3) In this section references to a person
carried on a bicycle shall include reference to a
person riding on a bicycle,







MON'TSBAT. 34 Vehicles and Road Traffic. No.


of 1950.


Restrictions 60. (1) It shall 'not be lawful for more
Sidas, than two persons to ride abreast on a road either
holding on upon motor cycles or pedal bicycles:
to moving
veh:cle and.
pillion riding. Provided that a person shall not be convicted
under this section in respect of the overtaking of
two persons so riding where at the point of over-
taking on the road there is an absence of other
traffic.

(2) It shall not be lawful for any person
while riding a motor cycle or a pedal bicycle on
a road-

(a) to hold on to any other moving
vehicle or, to any animal; or

(b) to ride such motbr cycle or pedal
bicycle without at least one hand being on the
handle bar of such motor cycle or bicycle.

(3) It shall not be lawful for more than one
person in addition to the driver to be carried on
any two-wheeled motor cycle, nor shall it be lawful
for any such one person to be so carried otherwise
than sitting astride the motor cycle and on a prop-
er seat securely fixed to the motor cycle behind the
driver's seat.

(4) If any person contravenes the provisions
of this section he shall be liable on summary con-
viction to a penalty not exceeding nine dollars and
sixty cents in the case of a first conviction and to a
penalty not exceeding twenty-four dollars in the
case of -a second or subsequent conviction.

Duty to stop 61. (1) (a) If in any case owing to the
accident presence of a motor vehicle on a road, an
accident occurs whereby damage or injury is
caused to any person, vehicle or animal, the
driver of the motor vehicle shall stop and, if
required so to do by any person having reason-
able grounds for so requiring, give his name
and address and also the name and address of
of the owner and the identification marks of
the vehicle.







35 MoNTaSiEsu


No. of 1950. Vehicles and Road Traffc.


(b) If in the case of any such accident as
aforesaid the driver of the motor vehicle for
any reason does not give his name and address
to any such -person as aforesaid, he shall report
the accident at a Police Station or to a police
officer as soon as reasonably practicable, and
in any case within twenty-four hours of the
occurrence thereof.

(c) In this section the expression
"animal" means horse, cattle, ass, mule, sheep
or goat.

(2) In the case of any such accident as afore-
said the Traffic Commissioner may direct enquiry
to be made into the cause of such accident by any
police officer or other person authorised by him in
writing; and such police officer or other person
may, on production if so required of his authority,
inspect any vehicle in connection with which the
accident arose, and for that purpose may enter at
any reasonable time upon any premises where the
vehicle is: and if any person obstructs any person
so authorised in the performance of his duty under
this sub-section he shall be guilty of an offence.

62. If any person- Offences.

(a) fraudulently imitates, alters, muti- Fraudulent
lates, destroys, or uses or fraudulently lends imitation of
documents,
or allowed to be used by any other person any
identification mark, motor vehicle licence, certi-
ficate of registration or driving permit issued
or deemed to have issued under this Ordinance;
or

(b) without permission of the owner or Interfering
person in charge thereof, climbs upon or into ith1motor
or swings upon any motor vehicle, whether
the same is in motion or stationary, sounds
any horn or other signalling device, or attempts
to manipulate any of the levers, the starter,
brakes or machinery thereof, or in. any manner
damages, interferes or tampers with a motor
vehicle or puts in motion the engine thereof,
while it is standing; or







36 Vehicles and Road Traffic. No.


of 1950.


MONTSBRRAT.

Endangering
vehicle.





Pedestrians,
etc., causing
obstruction.




Using vehicle
in defective
condition.





Refusing
information as
to identity of
driver..


(c) throws any object at a motor vehicle
or trailer or at any person in or on such motor
vehicle or trailer or places any object in any
road whereby injury or damage to any motor
vehicle or trailer may be occasioned; or

(d) wilfully loiters or remains on any
roadway in such a manner or in such circum-
stances as to be likely to cause danger or
obstruction to persons driving or propelling
vehicles on the road; or

(e) uses or drives or permits to be used
or driven any motor vehicle or trailer on a
road in such defective condition as regards its
mechanical fittings or otherwise as to be a
source of danger to its occupants or the public;
or

(f) being the owner of a motor vehicle
refuses on the request of any police officer-

(i) to give the name and address of
the driver thereof, such driver
having been authorised by such
owner to drive the said motor
vehicle; or

(ii) to give all such information in
his possession as would assist
in the discovery or identity of
the driver; or

(.q) being a passenger in any motor vehi-
cle reasonably suspected to be a vehicle
conveying passengers for hire or reward with-
out being duly licensed as a public service
vehicle in its appropriate class, on being so
required by a police officer refuses to give a
statement as to his presence in such vehicle
and as to whether he is being conveyed for
hire or reward; or

(h) being the driver or conductor of a
public service vehicle stands for hire at any
road or place not appointed for the. purpose;
or


Refusing
information
as to user of
private motor
car or public
service
vehicle.





Standing for
hire at place
not appointed.








No. of 1950. Vehicles and Road Traffc. 37 MONTSEIBAT.
(i) being the owner, driver or conductor Importuning
or person acting on behalf of the owner, passenger.
driver or conductor of a public service vehicle
plying for hire makes any noise or sounds
any instrument in order to attract attention of
the public or of a possible passenger; or by
troublesome and frequent demands or by persis-
tant following holds out the vehicle for hire to
the public in such manner as to constitute a
nuisance, or acts in any way so as to cause
annoyance or inconvenience to any person; or
( j) rides on the running board, wings or Riding on
fenders of a motor vehicle or on the outside runningg
of the vehicle except on a properly constructed
seat; or
(k) being in a motor vehicle in any way Obstructing
obstructs the driver of such motor vehicle driver.
whilst the same is in motion;- or
(1) in or in connection with an applica- Giving false
tion for a motor vehicle licence or the registra- information.
tion of a motor vehicle or a driving licence or
in connection with the endorsement of such a
licence, or any change or correction in a motor
vehicle licence or the registration of a motor
vehicle or in giving any information lawfully
demanded or required under this Ordinance
or any Regulations, makes any statement
which is to his knowledge false or in any
material respect misleading; or
(m) rides, drives or propels or causes to Recklessor
be ridden, driven or propelled any animal or avess of
vehicle, not being a motor vehicle, on a road vehicle
carelessly, negligently, or recklessly, or at a m being
speed or in a manner which is dangerous to vehicle.
to the public or to property having regard to
all the circumstances of the case, including the
amount and nature of the traffic which actually
is at the time, or might reasonably be
expected to be on such road; or
(n) rides, drives or propels or is in Driving
charge of any animal or vehicle not being a vehicle o
motor vehicle, on a road while drunk, or while vehicle, under
his efficiency for such purpose is impaired by infence of
by drink or drugs, drugs,
he shall be guilty of an offence,







MONTrSERAT. 38 Vehiccle and ?oad Traffic. No.


of 1950.


Taking 63. -(1) If any person uses any motor or
eithot or other vehicle without the consent of the owner
consent of or other lawful authority, he shall be guilty of an
owner. offence:

Provided that the person shall not be con-
victed under this section if he proves either-
(a) that he had good reason to believe,
and did in fact believe, that the owner of the
vehicle would, had he been present, have con-
sented to the vehicle being used in the man-
ner in which it was used; or
(b) that he had reasonable cause to
believe, and did in fact believe that he had
lawful authority to use the vehicle.
(2) If any person is convicted under this
section, the Magistrate may, if he thinks fit, either
in addition to or without inflicting any punishment,
order that the person convicted pay to the owner
of the vehicle either or both of the following sums,
namely-
(a) such sum as, in the opinion of the
Magistrate, would have been charged if the
vehicle had been hired by the person convicted;
(b) such sum as, in the opinion of the
Magistrate, represents fair compensation for
any damage done to the vehicle;
and payment of such sum shall be enforced in the
Cap. 61. manner provided by the Magistrate's Code of Pro-
cedure Act for the enforcing of the payment of a
fine or order made on complaint.
(3) If on the trial of any indictment for
stealing any motor or other vehicle, the jury are of
opinion that the defendant was not guilty of
stealing the vehicle, but was guilty of an offence
under this section, the jury may find him guilty of
an offence under this section and thereupon he shall
be liable to be punished accordingly.
(4) Any police officer may arrest without
warrant any person reasonably suspected by him of
having committed an offence under this section.







No. of 1950. Vehicles and.Road Yrafflc., 39 MONTsERBAT.

64. The particulars of every conviction for Drivers'
an offence under this Ordinance including the name book.
of the offender, and the number of his licence, if
any, shall be furnisned by the clerk or other officer
of the Court in which the conviction is recorded to
the. Traffic Commissioner who shall enter the same
in a book to be called the Driver's Offences Book.
PART VI.
DISQUALIFICATIONS, SUSPENSIONS AND
ENDORSEMENTS.
65. The Court before which a person is Disqualiica-
convicted of any offence in connection with the tio fo
driving of a motor vehicle may, in addition to any
other penalty provided for such offence, and shall,
where so required by the provisions of this Ordi-
nance, order that the offender be disqualified for a
stated period or permanently from holding or
obtaining a driver's licence either generally or
limited to the driving of a motor vehicle of any
particular class or description; and if the offender
holds a driver's licence the Court shall endorse upon
the licence particulars of the conviction.
(2) Where an order of disqualification is made
against the holder of a driver's licence, the licence
shall be suspended so long as the disqualification
continues in force.
(3) A licence suspended by virtue of an order
of disqualification shall during the period of
suspension be of no effect.
(4) A person who by virtue of an order of a
Court under this section is disqualified for holding
or obtaining a driver's licence may appeal against
the order in the same manner as against a convic-
tion, and the Court may, if it thinks fit, pending
the appeal, suspend the operation of the order.
66. If and when any person is charged with Tempoiary
manslaughter arising out of the use of any motor uspen"son
vehicle or with contravening the provisions of sec- pending
tions 51 and 52 of this Ordinance, it shall be detmination
of charges.
lawful for the Traffic Commissioner to order the
suspension of the driver's licenice of the person so
charged pending the determination of the charge.









40 Vehicles and Road Traffic. No.


(2) Any such licence so suspended shall on
demand by any police officer be surrendered to such
police officer who shall forthwith forward the same
to the clerk of the Court before which the person
so charged is to appear.
(3) A licence suspended by -virtue of this
section shall during the period of suspension be of
no effect.
Fraiuient 67. If any person who under the provisions
af iats of this Ordinance is disqualified for holding or
licence, obtaining a driver's licence applies for or obtains a
licence while he is so disqualified, or if any person
while he is so disqualified drives a motor vehicle or,
if the disqualification is limited to the driving of a
motor vehicle of a particular class or description a
motor vehicle of that class or description, on a road,
or if any person who has been refused a licence
applies for or obtains a licence without disclosing
such refusal he shall be guilty of an offence, and
shall on summary conviction be liable to a penalty
not exceeding two hundred and.forty dollars or to
imprisonment with or without hard labour for a
term not exceeding six months, or to both such
penalty and imprisonment, and the licence obtained
by any person so disqualified, as aforesaid, shall be
of no effect.
Provisions 68. (1) An order that the particulars of
as to endorse- any conviction or of any disqualification be endorsed
on any driver's licence held by the offender shall,
whether the offender is at the time the holder of
the licence or not, operate as an order that any
licence he may then hold or may subsequently
obtain shall be so endorsed until he becomes entitled
under the provisions of this section to have a
licence issued to him free from endorsement.
(2) Where an order is made requiring any
driver's licence held by an offender to be endorsed,
then-
(a) if the offender is at the time the
holder of a driver's licence, he shall, if so
required by the Court, produce the licence
within five days or such longer time as the
Court may determine for the purpose of
endorsement; and


MONTSBIRAT.


of 1950.








No. of 1950. Vehicles and Road Traffic. 41 MONTSERRAT.
(b) if he is not then the holder of a
driver's licence, but subsequently obtains a
licence, he shall within five days- after so
obtaining the licence produce it to the Court
for the purpose of endorsement;
and if he fails so to do, shall be guilty of an offence;
and if the licence is not produced for the purpose
of endorsement within such time as aforesaid, it
shall be suspended from the expiration of such
tine until it is produced for the purpose of endorse-
ment.
(3) On the issue of a new driver's licence to
any person, the particulars endorsed on any lprevi-
ous licence held by him shall be copied on to the
new licence unless he has previously become
entitled under the provisions of this section to
have a licence issued to him free from endorsement.
(4) If any person whose driver's licence has
been ordered to be endorsed and who has not pre-
viously become entitled under the provisions bf
this section to have a licence issued to him free
from endorsement applies for or obtains a licence
without giving particulars of the order, he shall
be guilty of anoffence and any licence so obtained
shall be of no effect.
(5) Where a person, in respect of whom an
order has been made under this Part of this
Ordinance requiring the endorsement of anv licence
held by him, has during a continuous period of
two years since the order was made had no further
order made against him, he shall be entitled, at
any time, thereafter, subject to the payment of the
prescribed fee, and subject to the surrender of any
subsisting licence, to have issued to him a new
licence free from endorsement:
Provided that, in reckoning the said period of
two years, any" period during which the person
was by virtue of the order disqualified for holding
or obtaining, a driver's licence shall be excluded.
(6) Where a Court orders particulars to be
endorsed on a driver's licence held by any person,
or where by conviction or order of a Court a person
is disqualified for holding or obtaining a licence,






MoNTSBRhAT. 42 Te'hiles and J7oad Traffic. No.


of 1950.


the clerk or other officer of the Court shall send a
notice of the order to the Traffic Commissioner,
and in any case where a person is so disqualified,
shall also on the production of the licence for the
purpose of endorsement retain the licence and
forward it to the Traffic Commissioner who, shall
keep the licence until the disqualification has
expired or been removed, and the person entitled
to the licence has made a demand in writing for
its return to him.
(7) Where the disqualification to which a
person has become subject is limited to the driving
of a motor vehicle of a particular class or description,
the Traffic Commissioner to whom that person's
licence has been forwarded under the proceeding
subsection shall forthwith after the receipt thereof
cause the Licensing Officer to issue to that person a
new licence on which there shall be indicated in the
prescribed manner the class or description of
vehicle which the holder of the licence is not author-
ised to drive, and the licence so issued shall remain
in force either for the unexpired period of the
original licence or for the period of the disquali-
fication, whichever is the shorter.
(8) Where on an appeal against any such
order, the appeal is allowed, or where any such
conviction is quashed, the Court by which the
appeal is allowed or the conviction is quashed shall
send notice thereof forthwith to the Traffic Com-
missi6ner and to the Licensing Officer who issued
the licence.
PART VII.
INTERNATIONAL CIRCULATION OF
MOTOR VEHICLES.
International 69. The Governor may from time to time by
circiation Order in Council for the purpose of giving effect
vehicles, to any Convention for facilitating the international
circulation of motor vehicles, provide-
(a) for the grant and authentication of
any travelling passes, certificates or authorities
which may be of use to persons resident in the
Presidency when temporarily taking their
motor vehicles abroad, or to drivers when
proceeding abroad for the purpose of driving
motor vehicles; and






No. of 1950. Vehicles and Road Traffic. 43 MONTSERRAIr.

(1) for modifying the provisions of this
Ordinance and any Regulations, or any Rules
or Regulations made under any Ordinance
hereby repealed which continue in force by
virtue. of this Ordinance, relating to the
registration of motor vehicles and the licensing
of motor vehicle drivers, in the case of motor
vehicles brought temporarily into the Presi-
dency by persons resident abroad and intending
to make only a temporary stay in the Presi-
dency, and in the case of drivers entering the
Presidency for the purpose of driving any
such vehicles.

PART VIII.

SUPPLEMENTAL PROVISIONS.

70. The contents of the Register of Motor 1'resumptive
Vehicles, the Register of Licensed Motor Drivers, evidence of
the'Register of Licensed Conductors, the Register of gistes.
Animal Drawn Vehicles and Pedal Bicycles, and
the Register of Driver's Offences shall respectively.
be prima facie evidence of the facts contained therein
in all proceedings under this Ordinance.

71. Any person having power to issue any Dnplicate
certificate or licence under this Ordinance shall, on licences.
proof to his satisfaction that such certificate or
licence has been lost, defaced or destroyed and on
payment of the prescribed fee issue a duplicate
thereof to the person entitled thereto.

72. (1) The driver or other person in charge Weiching of
of a motor vehicle or trailer licensed according to meotorl
its maximum gross weight may, on demand by a
police officer or by any person authorised in writing
by the Traffic Commissioner, be required to satisfy
such police officer or person that the load, which is
being carried on such motor vehicle or trailer, does
not contravene the provisions of the licence or this
Ordinance or any [Regulations, and may be required
by such police officer or person to drive him with
such motor vehicle or trailer to a weigh-bridge or
other machine for weighing vehicles for the purpose
of weighing such load,








iONThERRAT. 44 Vehicles and Road Traffic. No.


(2) Any person who fails to comply with any
.such requirements as aforesaid shall be guilty of an
offence and shall on summary conviction be liable
to a penalty not exceeding one hundred and twenty
dollars.

78. (1) It shall be lawful for any police
officer to stop any vehicle on a road with a view to
ascertaining whether such vehicle is being used in
contravention of this Ordinance or any Regulations,
and in the event of any vehicle being used on a
road in such manner, such police officer may take
the vehicle or cause it to be taken to any police
station there to be further examined or to be.
detained until the vehicle and driver can be identi-
fied, as the case may be. Any person failing to
comply with a request to stop made under this
section shall be guilty of an offence.

(2) Any person authorised in writing by the
Traffic Commissioner may, at all reasonable times,
enter any premises for the purpose of inspecting
any vehicle on such premises.

74. The provisions of this Ordinance or of
any Regulations imposing a speed limit on motor
vehicles shall not apply to any vehicle when it is
being used for fire brigade, ambulance or police
purposes, if the observance of those provisions
would be likely to hinder the use of the vehicle for
the purpose for which it is being used on that
occasion.


Concession to 75. It shall be lawful for the Governor-in-
omnieuss to Council to grant to any person, or to two or more
persons jointly, a limited concession or an exclusive
concession to operate motor omnibuses in any area
or on any road or route or for any journey upon
such conditions as hall be specified in the grant and
subject to the provisions of this Ordinance and
any Regulation made thereunder.


76. The Governor-in-Council may make
Regulations in respect of all or any of the follow-
ing matters, that is to any:-


Power to
detain vehicle.


Exemption of
fire engines
&c.. from
speed limits.


Regulations.


'"


of 1950.






45 MQOTSFR1A",


No. of 1950. Vehicles and Road T, .,i'...


(1) As regards traffic generally-
(a) anything which by this Ordinance
may or is to be prescribed;
(6) the forms to be used uuder this
Ordinance;
(c) the construction, fittings, dimensions
and design of any motor vehicle or trailer;
(d) the character and nature of horns or
other instruments capable of giving audible
and sufficient warning of motor and other
vehicles, and regulating and controlling their
use;
(e) the number, position and kind of
lights and reflectors to be carried on motor
and other vehicles and the times during which
they are to be exhibited;
(f) the duties and powers of Examining
Officers in regard to the inspection of motor
and other vehicles and in regard to driving
tests;
(g) the duties and powers of conductors;
(I) the inspection of motor and other
vehicles and the times, places and manner of
of such inspection;
(i) the form of identification marks
to be fixed on motor vehicles and trailers in
respect of registration and licensing and the
sizes and colour of the letters of and the man-
ner of displaying such marks;
(j) the classification of roads and the
prohibition or restriction of the use of any
classified roads by vehicles of any specified
class or description;
(k) the precedence of vehicles and pedes-
trians respectively at and in the vicinity of
crossings and the erection of traffic signs and
other notices;
(1) the driving of any vehicles on any
specified road otherwise than in a specified
direction;







MONTSZaBAT, 46 Vehicles and Road Traffic. No. of 1950,

(m) the appointment of parking places
and the regulation of the use of such parking
places including the imposition of charges in
respect thereof;
(n) the badges and uniform to be worn
by drivers and conductors of public service
vehicles and the conduct of drivers, conductors
and passengers;
(o) passenger fares and tolls in respect
( of public service vehicles;
(p) the maximun hours of employment
of persons as drivers of public service vehicles
and of motor lorries;
(q) the determination of the number of
passengers which a public service vehicle is
adapted to carry and the number which may
be carried;
(r) the carriage of luggage and goods on
public service vehicles;
(s) the number, nature and use of brakes
and other equipment to be carried in the case
of vehicles not propelled by mechanical power;
(t) the prohibition of excessive noise
owing to the design or condition of the vehicle
or the loading thereof;
(u) the removal from roads of vehicles
which have broken down and of the loads
carried thereby or of vehicles which have been
left in a dangerous position on a road;
(v) the establishment of-silence zones;
(w) generally, for the better carrying out
of the provisions of this Ordinanee and in
particular for the safety, control and regulation
of traffic and the use of vehicles or any class of
vehicles on any road and the conditions under
which they may be used.
(2) As regards motor omnibuses-
(h) the restrictions of the use of motor
omnibuses using specified routes;








No. of 1950. Vehicles and Road Traffic, 47 MroNTSBsA,

(b) the regulation and restriction of the
number of motor omnibuses using specified
routes;
(c) the time tables to be observed by
drivers of motor omnillmses;
(d) the issue of licenlces by the Licensing
Officer, and conditions of issue of such licences
and conditions to be observed by the holders
of such licences in respect of specified routes;
(e) the taking up and setting down of
passengers;
(f) returns to be rendered by the owners
of motor omnibuses showing the number and
nature of journeys completed, the mileage
covered, the items taken, the number of pas-
sengers carried and the operating costs;
(g) the conditions under which limited or
exclusive concession may be granted.
77. (1) The Traffic Commissioner may by Powerto
notice published in the Gazette or in a newspaper Cmissoner
published in the Presidency make orders as to the line to make
to be kept by persons driving or riding any vehicle orders,
or animal on any road and as to the manner in
which vehicles of any description shall be drawn up
while waiting on any road and as to the route to be
observed by all vehicles, horses, and persons, and
for preventing obstructions on any road, in any case
where such a road is liable to be thronged or
obstructed; and also may give directions to police
officers for the purpose of regulating traffic in the
neighbourhood of Courts of Law, public offices,
hospitals, churches, theatres, and other places of
public resort; and any person who after being
made acquainted with any orders made or directions
given under this'section, shall contravene or fail to
comply with such orders or directions shall be
guilty of an offence.
(2) It shall be lawful for any police officer to
apprehend without warrant, any person who commits
an offence under this section within his view, -if
such a person refuses to give his name and address
or gives a name or address which the police officer
has reasonable grounds for believing to be false.





MONTSETIRAT 48 Vehicles and Road Trafic. No. of 1950.
General 78. (1) Any person who acts in contraven-
penalty, tion of, or fails to comply with any of the
provisions of this Ordinance or any Regulations
or Orders made thereunder, shall be guilty of an
offence agaitlst this Ordinance,
(2) Any person guilty of an offence against
this Ordinance for which no penalty is expressly
provided shall be liable on summary conviction to
a penalty not exceeding one hundred and twenty
dollars or to Imprisonment with or without hard
labour for any term not exceeding six months.
Right of 79. Any person who is aggrieved by any
appeal, act, order or decision of the Traffic Commissioner,
the Licensing Officer or of any Examining Officer,
may appeal to the Board and the decision of the
Board shall be final.
Saving. 80. Nothing in this Ordinance shall affect
any liability of the driver or the owner of a motor
vehicle under any other Act or Ordinance or at
common law.
Conflict of 81. Whenever the provisions of this Ordi-
S nance or of any Regulations made thereunder are
in conflict with the provisions of any other Ordi-
nance relating to the control of vehicles and road
traffic the provisions of this Ordinance and the
Regulations made thereunder shall prevail.
Repeal. 82. The Ordinances specified in the Third
Schedule to this Ordinance are hereby repealed:
Provided that any Rules, Regulations, Orders
or directions made or given under any of the
Ordinances hereby repealed and in force at the
time of coming into operation of this Ordinance
shall be deemed to have been made or given under
this Ordinance and shall continue in force until
other provision shall be made by virtue of, this
Ordinance.
Commence. 83. This Ordinance shall come into opera-
ment. tion on such day as the Governor may appoint by
proclamation published in the Gazette.


President.









*No. of 1950. Vehicles and Roaa Traffc. 49 MONTSERRAT.

Passed the Legislative Council this day
of 1950.


Clerk of the Council.


THE FIRST SCHEDULE.
DUTIES AND FEES.

$
1. Motor Cycle ... 4.80
2. Motor Cycle with side car ... 7.20
3. Motor Vehicle (other than a motor cycle) ... 9.60
4. Public Service Vehicle, in addition to the duties pay-
able under item 3 ... 4.80
5. Trailer, for each hundred weight of the weight unladen .48
6. Animal Drawn Vehicles fitted with pneumati ctyres,
for each wheel ... .48
7. Animal Drawn Vehicles, other, for each wheel ... .9
8. Pedal Bicycles ... .96
S 9. Driver's Licences-
(a) Motor Cycle Driver's Licence ... 1.20
(b) Private Driver's Licence ... 1.20
(c) Chauffeur's Licence ... 2.40
(d) Visitors temporary Licence ... .60
10. Motor Omnibus Conductor's Licence ... 1.20
11. Registration of any motor vehicle or trailer ... 2.40
12. Transfer or amendment of registration or license ... .24
13. Driving Test ... 1.20
14. Duplicate certificate or licence ... .60

THE SECOND SCHEDULE.
LIMITS OF SPEED.

Maximum speed.
Miles per hour.

1. On any road within the limits of the Town of
Plymouth or in a village-
(a) Motor omnibuses and motor lorries ... 15
S(b) Tractors, with or without trailer ... 15
^ (c) Other motor vehicles except trailers ... 20
2. On all roads in the Presidency other than
those specified in paragraph (1) of this
Schedule-
(a) Motor Omnibuses and motor lorries ... 25
(b) Tractors, with or without trailer ... 20
S(c) Other motor vehicles ... 40




* 4


MONTSEBRAT. 50 Vehicles ana lRoad Traffic. No. of 1950.

THE THIRD SCHEDULE.
ENACTMENTS REPEALED.

No. and Short Title. Extent"of Repeal.
Year.

3/1914 The Lights on Vehicles Ordinance, 1914 The whole
Ordinance
4/1921 The Motor Car Ordinance, 1921
2/1926 The Motor Car Tax Ordinance, 1926
6/1927 The Motor Cars (Plying for Hire) Ordi-
nance, 1927
1/1928 The Motor Cars (Plying for Hire) Amend-
ment Ordinance, 1928
3/1944 The Motor Cars (Plying for Hire) (Amend-
ment) Ordinance, 1944


OBJECTS AND REASONS.


The object of this Bill is to consolidate and modernize
existing legislation governing road traffic and wheel licences.

2. Provision is made for a Transport Board with
advisory powers and the Traffic Commissioner will have
power to make and publish orders to regulate and control
traffic and to promote the safety of the roads.

RANDALL H. LOCKHART,
Crown Attorney.

10th January, 1950.












ANTIGUA.
Printed at the Government Printing Office, Leeward Islands,
by E, M. BLACKMAN, Government Printer-By Authority.
1950.
-200-11.50. -[Price Is, Id.]









LEEWARD ISLANDS.
ANTIGUA.


STATUTORY RULES AND ORDERS.
1950, No. 16.


THE TELEPHONE (REMISSION OF FEES AND SUBSCRIPTIONS)
REGULATIONS, 1950, DATED NOVEMBER 20, 1950, MADE BY
THE SUPERINTENDENT OF GOVERNMENT TELEPHONES
SUNDER SECTION 4 OF THE TELEPHONE ORDINANCE, 1929
(No. 2 of 1929).

S1. Short Title. These Regulations may be cited as
the Telephone (Remission of Fees and Subscriptions)
Regulations, 1950, and shall be read and construed as one with
the Telephone Regulations in the Schedule to the Telephone
Ordinance, 1929, as amended by the Telephone. Rules, 1936,
(S. R. & 0. 1936, No. 7), hereinafter referred to as the
Principal Regulations.

2. Remission of Reconnection Fees and
Subscriptions. Notwithstanding the provisions of regula-
tions 6, 7 and 7A or any other provision to the contrary
contained in the Principal Regulations:-

(a) No reconnection fees shall be payable in respect
of the quarter commencing on the first day of October,
1950, and where any such fee shall have been paid by
a subscriber the same shall be refunded to him or deducted
from his quarterly subscription payable on the first day of
January, 1951.
(b) For the quarter commencing on the first day of
October, 1950, subscription shall be payable at the rate of
two dollars and fifty cents a month during such period as
the telephone of the subscriber shall have been connected
directly or indirectly to the Central Telephone Exchange,
Sand where any sum in excess of the sum payable shall
have been paid by a subscriber such excess shall be re-
funded to him or deducted from his quarterly subscrip-
tion payable on the 1st day of January, 1951.










Made by the Superintendent of Government Telephones
the 28th day of October 1950.


H. D. C. MOORE,
Superintendent.


Approved by the Governor
November, 1950.


in Council the 20th day of


G. A. THIBOU,
Clerk of the Council.
































ANTIGUA.
Printed at the Governnient Printing Office, Leeward Islands.
.by E. M. BLACKMAN, Government Printer.-By Authority.
1950.


200-11.50.


[Price Id. )




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