T 1 A ARD ISLANDS
i ublihSAeb bp 1utbor, ..
VOL. LXXVIX. THURSDAY, 8TH FEBIUARY, 1951. No. 10.
It is notified that His Majesty has
been pleased to approve appointment
of His Honour D. E. JACKSON as
Chief Justice, Windward Islands and
Leeward Islands from the 5th Novem-
Colonial Secretary's Office,
2nd February, 1951.
C.S.O. M.P. P.F. 16.
Mr. R. J. MANNING has been ap-
pointed to act as Puisne Judge of the
Supreme Court of the Windward
Islands and Leeward Islands from
2nd February, 1951.
Colonial Secretary's Of/ice.
5th February, 1951.
C.8.0. M.P 13/00083.
Milk Production Order, 1950.
Under the provisions of the above
Order the Inspector has granted a
licence to St. Clare's Dairy, St. Clare's
Estate, from 31st January, 1951.
5th February, 1951.
Appointments and transfers, etc.,
in the public service, with effect from
the dates stated, are published for
ALLEN, Miss A. F., Certificated Teach-
er Class II, Primary Schools, trans-
ferred to Secondary School, Mont-
serrat and appointed Assistant
Teacher. Jan. 1, 1950
DALEY, A. S., Uncertified Teacher,
Montserrat, to be Certificated Teach-
er Class II, Montserrat. Jan. 1
O'HARE, Miss A. M., to be Nursing
Sister, Leeward Islands. Jan. 19
PIPER, Miss C. 0., to be Assistant
Teacher, Secondary School, Mont-
serrat. Jan. 1, 1950
CONFIRMATION OF ORDINANOmS.
The Secretary of State for the Colo-
nies has informed the Governor that
the KING will not be advised to
exercise his power of disallowance of
the undermentioned Act of the
General Legislative Council of the
No. 11 of 1950, "The Magistrate's
Code of Procedure (Amendment) Act,
The following Ordinance and
Statutory Rule and Order are circula-
ted with this Gazette and form part
No. 4 of 1951, "The Vehicles and
Road Traffic Ordinance, 1950. "
STATUTORY RULE & ORDER.
No. 2 of 1951, "The Plant Protec-
tion Regulations, 1951.
In the Supreme Court of the
Windward Islands and
ST. CHRISTOPHER CIRCUIT.
Notice is hereby given that in pur-
suance of Rules made by tha Chief
Justice under Section 16 of the Wind-
ward Islands and Leeward Islands
(Courts) Order in Council, 1939, and
duly approved as therein provided on
the 16th day of October, A. D. 1941,
His Honour the Puisne Judge select.
ed for the sitting of the Court in the
Saint Christopher Circuit has appoint-
ed the day of the month on which the
ensuing Court shall sit as follows,
that is to say:-
The St. Christopher Circuit on
Wednesday the 21st day of February,
1951, at 10 o'clock in the forenoon.
llth day of January,
N. A. BERRIDGE.
REGISTRAR GENERAL'S OFFICE,
In accordance with the provisions
of Section 16 of The Marriage Ordi-
nance, 1923, the following Build-
ing has bee n registered in the
Presidency of Antigua as a building
where Banns of Marriage may be
The Bethel Gospel Hall at St.
Johnston's Village Road.
Dated this 27th day of January,
N. A. BERRIDGE,
Central Experiment Statioa,
1947. 1948. 1949. 1950. 1951,
January 3-97 2'82 150 5641 3-60
February 3 02 '13 *16
3"97 2'84 1'63 5'57 8'60
THE LEEWARD ISLANDS GAZETTE.
In the Court of Appeal for the Windward Islands and
ON APPEAL FROM THE COURT OF SUMMARY JURISDICTION OF THE
ARTHUR J. BOWERY
(Assistant Superintendent of Police)
In a judgment dated the 19th October, 1950,
Mr. Acting Chief Justice JACKSON dismissed an
appeal from the conviction and sentence of the
appellant by the learned Magistrate of District
"A ", Antigua, on a charge of keeping rum for
sale by retail without being duly licensed to sell
the same contrary to section 23 of the Licensing
Act, 1879, as amended by section 2 of the
Licensing Act, 1879, Amendment Ordinance,
1921. The appellant was fined 50 and in
default of payment was adjudged to be imprisoned
for three months with hard labour. From the
abovementioned judgment of the learned Acting
Chief Justice this appeal is brought to us.
The grounds of appeal as set out in the
Notice of Appeal are as follows:-
1. That the learned Judge was wrong
in law in holding that the Magis-
trate has power under a Presidential
enactment to impose a fine in excess
2. That the learned Magistrate failed
to have established by evidence that
the offence was committed in District
"A ;nd that the learned Judge
erred in holding that such evidence
was unne essay ;s in the evidence
it is stated that the offence was
committed in St. John's Street in
the City of St. John and the City
of St. John is in Magisterial District
The section of the Licensing Act, 1879,
as amended by section 2 of the Licensing Act,
1879, Amendment Ordinance, 1921, under which
the appellant was convicted, reads as follows:-
23. Any person who sells or offers
for sale or keeps or exposes for sale
"wholesale or by retail any intoxicating
"liquor without being duly licensed to sell
"the same, or at any place where he is not
authorizedd by his license to sell the same,
"shall be liable to the following penalties:
"(1) For the first offence he shall
"be liable to penalty not exceeding Fifty
Pounds, or to imprisonment with or with-
"out hard labour for a term not exceeding
(2) For the second offence he shall be
"liable to a penalty not exceeding one
"hundred pounds, or to imprisonment with
"or without hard labour for a term not
"exceeding three months, and he may by
"order of the Court by which he is tried be
"disqualified for any term not exceeding
"five years from holding any licence for
the sale of intoxicating liquors.
(3) For the third and any subsequent
"offence he shall be liable to a penalty not
"exceeding one hundred pounds, or to
imprisonment with or without hard labour
"for any term not exceeding six months,
"arid lie may by order of the Court by
"which he is tried be disqualified for any
"term of years or for ever from holding
"any licence for the sale of intoxicating
In support of the first ground of appeal
it was submitted by Counsel for the appellant
that this section of lhe law was void as being
repugnant to section 111 of the Magistrate Code
of Procedure Act (Cap. 61 of the Revised Laws
of the Leeward Islands) which provides that-
"An adult convicted under this Act
shall be liable to be imprisoned with or
"without hard labour for a period not
"exceeding six months or to pay a fine not
"exceeding twenty pounds."
As we understood it, Counsel's contention
was that as the Magistrate derived his jurisdic-
tion to try cases from the Magistrate's (ode of
Procedure Act, section 111 of that Act must he
construed as governing all offences triable by
a Magistrate, subject to any modifications made
by any other Federal Acts.
In the course of argument reference was
made to the following subsections of section 29
of the Magistrate's Code of Procedure Act:-
Every District Magistrate shall have
[8 February, 1951-
THE LEEWARD ISLANDS GAZETTE.
(d) (i) To try summarily and to
"convict and sentence all persons charged
"with committing offences which he is
"empowered to try summarily by any Act
of the Colony or of any Presidency thereof:
(iii) To make and give all such other
"convictions, sentences, and orders as under
"any Act of the Colony or any Presidency he
Sis authorised to make or give and which may
be carried out and enforced by fine or impris-
Sonment in the first instance;
(f) (i) To try any civil action founded
on contract when the debt, demand or value
Sof the thing claimed, or rent in arrear is not
more than twenty pounds;
(ii) To try any action founded in tort
where the demand or damage claimed is not
more than ten pounds: "
Our attention was also drawn to section 11 (2)
-of the Leeward Islands Act, as amended by the
Leeward Islands (Amendment) Act, 1944, which
Subject to the provisions of section 11A
"of this Act, any island enactment relating
"to any of the subjects named in the preceding
"section of this Act may at any time be repealed
"or altered by the General Legislature, and
"shall, without any formal repeal, be void
so far as it is repugnant to any law passed
"by the General Legislature. "
It is a fundamental rule of construction that
if the words of a statute are themselves precise and
unambiguous, then no more can be necessary than
to expound those words in their ordinary and natu-
ral sense. The words themselves alone do in such
4 case best declare the intention of the lawgiver.
(CRAIES on Statute Law (4th Edition) p. 68).
We may say here that we agree with the
learned Acting Chief Justice that the words under
this Act" in section 111 of the Magistrate's Code
-of Procedure Act mean what they say and the sec-
tion cati refer only to any offence created by the
Act itself for which no penalty is otherwise provi-
-ded and to offences under other Acts for which the
Magistrate is specifically empowered to convict un-
-der the Act. In this connection, it is significant that
the words or any other Act were not inserted
after the words "under this Act" in the section,
though they are used in other sections of the Act, e.g.,
sections 29 (d) (iii), 112 and 125. In our view
this omission clearly indicates that the Legislature
intended that the relevant section should have the
meaning ascribed to it above and no other. Again,
two amendment to section 109 of the Magistrate's
Code of 'Procedure Act appear to us to substantiate
that view. That section was first contained in the
Juvenile Offenders Act, 1888 (No. 4 of 1888) and
reads as follows:-
"A child shall not, on summary convict&
' ": tion for an offence under this or any other
Act, be adjudged to be imprisoned or be fined
a larger sum than forty shillings."
On its inclusion in the consolidated Magistrate's
Code of Procedure Act, 1891, the words "or any
other Act" were omitted therefrom, obviously de-
signedly. Further the said section was again
amended by the Fourth Schedule to the Juvenile
Act, 1949, (No. 10 of 1949), the words "or the
Juveniles Act 1949 being inserted after the words
"provisions of this Act '. Were the interpreta-
tion that is sought by the appellant to be put on
section 111 also placed on section 109, which is
practically identical in terms, this amendment would
have been unnecessary.
As we have said above we are of opinion that
the words "under this Act" in section 111 are clear
and unambiguous. Even if, however, they were
not so and were capable of two interpretations, we
take the view that were the meaning put on them
by the appellant accepted, on considering the Act as
a whole-another cardinal rule of construction-it
would lead to absurdity vis-d-vis various other sec-
tions of the Act, e.g., sections 29 (d) (ii), 112 and
125, a course a Court always seeks to avoid.
In view of the above finding, we hold that
section 28 of the Licensing Act, 1879, as ametiidd
by section 2 of the Licensing Adt, 1879, Amend-
ment Ordinance, 1921, is not repugnant to section
111 of the Magistrate's Code of Procedure Act and
that the learned Magistrate had the power to impose
a fine upon the appellant in excess of twenty
We turn now to the second ground of appeal
-that is to say, that the learned Magistrate failed
to have established by evidence that an offence was
committed in District A ".
It is not denied that there was evidence before
the Magistrate to the effect that an offence was
committed at St. John's Street in the City of St.
John's, Antigua. What the appellant contends is
that no evidence was given to shew that St. John's
Street is within District "A" and that, for the
purpose of considering this objection, the Court
cannot take judicial notice of the Order made by
the Governor-in-Council under the Magistrate's
Code of Procedure Act defining District "A" as
consisting of "the City and Parish of Saint John
" (except such parts thereof as is comprised in the
"village of All Saints) ". No copy of the Gazette
containing this order was put in evidence under
section 4 of the Gazette (Evidence) Act (Cap. 54).
It seems to us, however, that a Court can properly
take judicial notice of the Magisterial divisions of
a Presidency-R. V. Whittles, (1849) 13 Q.B. 248;
116 E.R. 1258. We also share the view of the
learned Acting Chief Justice that objections to
jurisdiction should be taken in the court of first
instance. This question was dealt with at some
length in the judgment of CRANE, J., in
Braithwaite v. Hill, published in the Leeward
Islands Gazette of the 6th November, 1947. But
in our opinion there is an even more cogent reason
for disallowing the second ground of appeal, and
_~_ _r _F _
-;,B February, 1951.1
THE LEEWARD ISLANDS GAZETTE.
that is to be found in paragraph (e) of section
238 of the Magistrate's Code of Procedure Act,
which reads as follows:-
(e) All offences against the laws relating
to the revenue, the post office, shipping, ports
and quarantine that may by any Act or law
of the Colony or of any Presidency thereof,
be tried, determined and adjudged by any
Magistrate shall, at the option of the prosecu-
"tor, complainant or informer, be so heard,
"tried, determined and adjudged at the chief
"town in any Presidency instead of in the
"district in which the offence charged is
alleged to have been committed ".
The offence of which the appellant was con-
victed is an offence relating to revenue and the
respondent was clearly entitled to have the case
tried at St. John's, regardless of the Magisterial
District in which the offence was committed.
This appeal is dismissed with costs.
ALEX R. COOLS-LARTIGUE,
W. A. DATE,
R. J. MANNING,
Acting Puisne Judge.
1st February, 1951.
REGISTER OF TITLES.
Colony of the Leeward Islands.
Title by Registration Act.
SCHEDULE OF APPLICATIONS
For Certificate of Title and Notings thereon, and Caveats for the week ending the 20th day of
erson Prentng Nature of request, whether for Certificate of
Date of Request. Person Presenting. Title or Noting thereon or Caveat.
17th day of Henry Darrel Carlton Moore of Certificate of Title for All that piece or parcel of
January 1951. Lower Gambles in the Parish of land situate in Church Street in the City of
Saint John in the Island of Anti- Saint John in the Island of Antigua, comprising
gua by his Solicitor, John One thousand, nine hundred (1,900) square
Rowan Henry of Chambers, feet all as the same are delineated in the plan of
Church Street in the City of the said land dated the 9th day of January,
Saint John in the Island of 1951, and drawn by Ernest Alexander Govia,.
Antigua. 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 23rd day of January, 1951.
N. A. BERRIDGE,
Registrar of Titles.
Printed at the Government Printing Offie, Leeward Islands, by E. M. BLACKMN,
Government Printer,-By Authority.
[Price Is. 4A]
[8 February, 1951L
No. 4 of 1951. Vehicles and Road Traffic.
P. D. MACDONALD,
17th January, 1951.
No. 4 of 1951.
An Ordinance to provide for the regulation of
traffic on roads and for the licensing and
taxation of vehicles and for purposes con-
BE IT ORDAINED by the Governor and
Legislative Council of Montserrat as follows:-
1. This Ordinance may be cited as the Short title.
Vehicles and Road Traffic Ordinance, 1950.
2. In this Ordinance, unless the context Interpretation.
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
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
MONTSaRRAT. 2 Vehicles and Road Traific. No. 4 of 1951.
duties of Commissioner of Police includes
the senior police officer stationed in the
(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 he 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 Ibs;
"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;
No. 4 of 1951. Vehicles and Road Traffic. 3 MONTSERRAT.
" 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
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
"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 exceeds 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
"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
iMOTSBsIAT. 4 Vehicles and Road Traffic. No. 4 of 1951.
"Regulations" means Regulations made
under this Ordinance;
taree 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-
"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-
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. 4 of 1951. Vehicles and Road Traffic. 5 MOKTSBBlRT.
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
(4) The Board may act by any three of its
members, and may so act notwithstanding any
vacancy in the number of members constituting
(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
(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
(7) The Board shall hear and determine any
appeal submitted by an aggrieved party against
any on der or decision of the Traffic Commissioner,
the Licensing Officer or an Examining Officer and
the decision of the Board thereon shall be conclu-
4. (1) The Commissioner of Police or such TrafficCom-
other person as the Commissioner may appoint missioner.
shall be the Traffic Commuissiouer for the lresi-
MorTSunRAT. 6 Vehicles and Road Traffic. No. 4 of 1951.
dency and the authority for the registration and
licensing of vehicles. It shall be his duty-
(a) to regulate and control traffic on
(b) to keep records of all accidents on
(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
(d) to keep a Drivers' Offences Book;
(e) to enforce the provisions of this
Ordinance and of any Regulations made
(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 undh-r 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
and in accord'ince with the provisions of this
(a) to issue licences ai d 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-
(iii) animal drawn vehicles and pedal
Feiicles and Road Traffic. 7 MOTSSBRRAT.
(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
6. It shall be the duty of an Examining Duties of
Officer, when so required by the Traffic Commis- Oeminr.
(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
(c) to perform all ,uch other duties as
are or may be conferred or imposed 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 Duties.
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
(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
Ssubsection shall be of no effect unless and until
approved by a resolution passed by the Legislative
REGISTRATION AND LICENSING OF MOTOR
8 (1) Save as hereinafter provided, no Registation
person shall drive or, being the owner, shall vehicle.
permit any other person to drive a motor vehicle
on a road unless such vehicle is registered under
No. 4 of 195 1.
MONTSERRAT. 8 Vehicles and Road Traffic. No. 4 of 1951.
this Ordinance, and has affixed thereto in the
prescribed manner the prescribed identification
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
(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
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 ndl
number, which shall be the identification mark of
(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
enquiries have been made.
No. 4 of 1951. Vehicles and Road Traffic. 9 MOi~TSERRAT.
(6) The onus of ,proving that a vehicle has
been registered shall be u pon the owner of the
(7) The owner of a motor01 vehicle shall notify
the Tratfic Conmnissioler of aill circumstances or
events which affect the accuracy of the entries in
the Register of motor vehicle at the same time
forwarding his certitica:te of registration for
amendment. The Traffic Commissiioner 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
(a) a motor cycle, unless he is 16 years
of age or over;
(b) a motor vehicle other than a motor
cycle, unless lie is 18 years of age or over.
9. (1) Before the registration of any Verification
motor vehicle the Licensing Officer shall verify all f application
1, for regis-
the particulars entered in the form of application, tration.
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 coalition as may be necessary for the
purpose for which it is sought to register the
(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 maxinl m nu lmuber of passengers
which the vehicle is authorized to carry and such
maximum gross weight or maximum number of
passengers shall be entered in the Register of motor
vehicles and in the certific;ite of registration.
10. (1) The registration of a mctor vehicle Cancellation
shall remain valid so long as the vehicle is kept ofreg's-
in use, and shall only be cancelled if the Traffic
Commissioner is satisfied that the vehicle has been
destroyed or rendered permanently unserviceable
MONTS R iAT. 10 Vehicles and Road Traffic. No. 4 of 1951.
or has been permanently removed from the Presi-
dency, or if it has not been re-licensed for three
(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
from need for vehicles shall he exempted from the need for
(a) priv 4te 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
(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 exemption 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
No. 4 of 1951. Vehicles and Road Traffic. 11 MONTSERRAT.
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 revelant 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
(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.
MONTSEReAT. 12 Vehicles and Road Tra/fic. No. of 1951.
(3) At the discretion of the Licensing Officer
a new certificate of registration may be issued
intsead of endorsing tlie original certificate.
Licensing. 13. (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 inder the provisions of this Ordinance,
and if after the coming into operation of this
(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
authorized by the licence issued in respect
thereof or iu 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 res!ectively authorized
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 Ihe 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 permit sion 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 l;,t preceding
sub-section, it shall be lawful for the Magistrate to
order that a summons be issued against any
No. 4 of 1951. Vehicles and Road Traffic. 13 Mio~na .
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 co-ts as to the Magistrate
(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
(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 inlo 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- o lceing
(a) no motor vehicle or trailer which vehicles.
exceeds the maximum gross weight of five
(b) no motor vehicle or trailer all the
wheels of which are not fitted with pneumatic
shall be used upon any road:
ioNTSIRVAT. 14 Vehicles and Road Traffic. No. 4 of 1951.
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 Presidenicy 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 tihe 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-
(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 ro;ids 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.
Vehicles and Road Tra/fic. 15 MONTSEBRAT.
15. Application for the licensing of a motor Application
vehicle or trailer shall be made to the Licensing for licence.
Officer on the prescribed form, and subsequent
applications for 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.
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
(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 Particular to
trailer the Licensing Officer shall enter in the be entered in
Register of motor vehicles opposite the entry
relating to that vehicle the number and date of the
licence issued in repecc of such motor vehicle, and,
in the case of a trailer. shah enter the number and
d&te 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 satislfd
until- is issued.
(a) the motor vehicle or trailer has been
(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 vehicle s, has deposited
with the Treasurer as security the sum of
four hundred and eighty dollars or has given,
No. 4 of 1951.
Vehicles and Road Traffic. No. 4 of 1951.
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 he required and approved by
the Traffic (CommnissioMner condiiioneiie 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 againstt 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 beinul 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
Vehicles and Road Traffic. 17 MONTSERRAT
(c) is declared ;i bankrupt or is discharged
under any law of bankruptcy for the time
being in force ill the Presidency; or
(d) leaves the Presidency without leaving
sufficient property therein to satisfy the sum
for which lie 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 hire until a new bond has been
executed and deposited in the manner hereinbefore
19. (1) If the condition of any bond given Proceedings
under section 18 of this Ordinance is not fulfilled, on bond.
the Traffic Commissioner may put the bond in
suit as against all or any of the persons bound
(2) The amount recovered in any such suit
shall be paid 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 the 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 Renewalof
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
(b) the motor vehicle or trailer has been
examined by an Examining Officer and a certifi-
cate of fitness in respect thereof is produced;
No. 4 of 1951.
MONTSERRAT 18 Vehicles and Road Tragfic. No. 4 of 1951.
(c) he 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 a'ri-ing
out of the use of motor vehicles have been
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 he guilty of an offence under
section 13 of this Ordinance and the provisions
of that section shall apply accordingly.
No. 4 of 1951. Vehicles and Road Traffic. 19 MONTSERRAT.
23. (1) The Traffic Commissioner shall Cancellation
have power to call up for examination at any time and suspension
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
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
the vehicle or to other users of the road or to be
injurious to the roads themselves or otherwise
contravenes any provisions of this Ordinance or any
Regulations, the Traffic Commissioner may cancel
or suspend any licence subsisting in respect of such
(3) A licence suspended by virtue of this
section shall, during the time of suspension, be of
24. On transfer of ownership of a motor Transfer of
vehicle or trailer, the Licensing Officer shall, on owne"rhip.
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.
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
(a) in the second quarter of the year,
75% of the duty;
(b) in the third quarter of the year, 50%
of the duty;
MoNilEsaA.u 20 Vehicles and Road Traffic. No. 4 of 1951.
(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
211926. the provisions of the Motor (:ar 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
66%o 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 eill complete monih during
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
emporary motor cycle is brought into the 'residency 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. 4 of 1951. Vehicles and Road Traific. 21 MONTSEBAT.
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 be 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.
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 con t.ravention
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-
fled 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.
MdNTSve RAT. 22 Vehicles and Road Traffic. No. 4 of 1951.
(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,
icencs. 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
(c) "a Chauffeur's Licence" which shall
entitle the holder thereof to drive such class or
classes of motor vehicles as may 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
licenes,. as may be prescribed, and shall have affixed thereto
the signature of the holder thereof.
No. 4 of 1951. Velacles and Road Trafic. 23 MOSTBESaR T.
30. On the issue of a driver's licence there Fees.
shall he payable the fee set out in the First Schedule
to this Ordinance.
31. A application for a driver's licence shall be Application
made to the Licensing Officer in such form as may lofniver
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 Regulations
made under the provisions of this Ordinance.
33. (1) A person shall be disqualified for Disqualifica-
holding or obtaining a driver's licence- tion for
(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
licence in 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
(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:
Vehicles and Road Traffic. No. of 4 1951.
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
(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.
Particulars 34. Upon issuing a driver's licence or a
ondrier'sand conductor'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
Duration of 35. 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 hall' 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 31st day of December as shall first occur after
the issue thereof.
Renewal of 36. On or after the expiration of a driver's
driver's licence by effluxion of time and on application by
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 37. It shall be lawful for the Licensing
ternary' Officer to grant a temporary driver's licence other
licence. than a Chauffeur's Licence for any period not
exceeding three months to a-y applicant for the
same, when it is shown to hisr satisfaction that the
applicant is a bona fide visitor to the. Presidency.
Vehicles and Road Trafic. 25 MONTSRRRAT.
Such temporary driver's licence may be granted
with or without any driving test on the part of the
applicant, but shall he subject to such conditions
a's may Ie stipulatedl on thi licence and to the pay-
ment of tlh prescribed fee.
38. The driver of a motor vehicle shall, on Production of
being so required by any police officer, produce his friver
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
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 licence for
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 authorised
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 disease 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 omnbus 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.
No. 4 of 19 51.
Vehicles and Road Traific. No. 4 of 1951.
Conductor's 41. No pers in shall act as a conductor of a
licence. motor omnibus niiless he is licensed for the )purpose,
and no person shhll employ as a coiiductor any
person who is not so licensed.
42. (1) Any person who desire to be
licensed as a conductor of a motor omnibus shall
apply to the Licensing Officer in the prescribed
(2) A conductor's licence shall be in such
form as may be prescribed atn(d shall Iw; issued
by the Licensing officere r ,In paymevnt to himi of the
prescribed fee aind ',lpon his bleiiig salislled that the
provisions (o any tegiiultitons made utlter this
Ordinance have been complied with.
Duration of 43. A conductor's licence shall, unless
conductors previously cancelled or( sluspell(nod b (the T1riffic
Commissioner, expiIr upon1 t the 3j 1st (lay of Decem-
ber next following the date of issue.
44. The Traffic Collmmission1er a11y cancel or
suspend the liceiice of any conductor on his being
convicted of an offence under this Ordliance or for
any contravention of the provisions 4f this Ordi-
nance or of any .liegiilttions made thelreiundr.
PA RT IV.
LICENSING OF VEHICLES NOT PROPI'LLED
BY MLECIIANICAT. POWER.
45. Tht Governor in Council myiv, by Order
published in the Ga:ette, pcrvide-
(a) that any of the provisions of this
Ordinance or any RIegula:ttions relating to
motor vehicles slwill tlnppI inftlis mut/Adis,
to animal drawn vehicles aind peiitl b)iccles,
and the owners, drivers or riders thereof;
(b) that any specified class of animal
drawn vehicle slhll be exempted from the
requirements of tlhis Part of this ordinancee
in regard to licensing or the payment of
No. 4 of 1951. Vehicles and Road Traffic.
46. Every animall drawn vehicle and every Licensingof
pedal bicycle shall be licensed in the manner pro- vehicless
vided in thiim Part of this Ordinance, and 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 Penalty for
person in charge of anyv animal drawn vehicle or se of animal
of any pedal bicycle w\hieb is usced on a road with- or pedal
out a licence in that hehaif issued under this bicycles with-
Ordinance shall each he guilty of an offence, and
shall each he liable on sunlmary 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 reas,).onale 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 of licence.
made to tlie L ic.n-inig (ticer in the prescribed
form, and( subs(eqjuent applications for the renewal
of a licence shall he made in person or by letter,
the old licence teing at the same time returned to
the Licensing Officer.
(2) Licences issued under this Part of this
Ordinance shall be in thte pii.scribed form, and
shall expire on the ;1st day 0of 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
(41) NT drutv shtall be char11'ged for a licence in
respect of ;iV in1inimal dri\nI, vehicle or pedal
bicycle \\ %hic is tihe prel,'ty ol' the Government
of the Presidency or Colony or of any government
body or rural district board.
2 7 MONTSERRAT.
Vehicles and Road Trafic. No. 4 of 1951.
Power to fix
(5) Upon licensing any animal drawn vehicle
or pedal bicycle the Licensing Officer shall enter
in the Register of Animal Drawn Vehicles and
Pedal Bicycles opposite the entry relating to that
vehicle or bicycle the number and date of the
49. The Licensing Officer 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.
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
(2) A person charges under subsection (1)
of this section with the commission of an offence
shall not he liable to be convicted of 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
(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
No. 4 of 1951. Vehicles and Road Traffic. 29
limit of speed to be observed shall be indicated
on notice boards to be affixed to or displayed at
each end of such bridges.
(5) The Traffic Commissioner may by order
published in the Gazette prohibit the driving of
motor vehicles generally or of a particular class
of motor vehicle above a specified speed over
any specified road or portion 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
(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 no effect unless and until it has been
approved by a resolution of the Legislative Council.
51. (1) Any person, who, when driving or Drivers
attempting to drive, or when in charge of a motor when under
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 eighty
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 conviction for a like offence he shall be per-
manently disqualified for holding a driver's licence,
Vehicles and Road Trafic. No. I of 1951.
(3) Any police officer may arrest without
warrant any person committing an offence under
Reckless or 52. (1) Any person wio drives a motor
dangerous vehicle on a road recklessly, or at a speed or in a
driving. manner which is dangerous to the public, lha\ing
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 r, asonably be expected to be, on
the road, shall be liable-
(a) on summary conviction to a penalty
not exceeding two hundred and fortyv 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 ipnalty not exceediing
four hundred and eighty dollars or to impris-
onment with or without hard lalboir, for a
not exceeding six mntlihs 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 year, or to ia ine, or
both such imprisonment aind fine.
(2) A person convicted of a second offence
under this section shall, withouIt 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 (late of the conviction and on a
third conviction for a like offenc lie hehall be per-
manently disqualified for holding or obtaining a
Careless 53. If any person drives a motor vehicle on
driving. a road without due care and atlenltin, or without
reasonable consideration for otier persons using the
road, lie shall be guilty of aln olfence and shall be
liable on sunumary convictiI to a pn)(lty not
exceeding one lhundred and twenty dolLrs, and on
a second or subsequent conviction for a like (offtice
to be disqualified for hIolding or obtaining a driver's
licence for such period as the Court shall think fit
No. I of 1951. Vehicles and Road Trafnc. 31 MONTSERRAT.
54 (1) An l person, who promotes or takes Racing and
part in at race or trial of speed between motor speed trials.
vehicles on a road shall be liable on summary con-
viction t ) a penalty not exceeding two Ihundred and
forty dollars or to irmlln-i-ninelit with or without
hard labour, for a term not exceedillng f(or months
S or to both such penalty ald illmprisonilment.
(2) A person convicted of an offence under
this section shill, unless the Court for a special
S reason thinks fit to order otherwise and without
prejudice to the power of the Court to order a
longer period of disqualification, te 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 rnsalml lorihter in coniiection with the driving rencsst for
of a motor vehicle hYv lilt, it shall he lawful for the dangerous
jury, if they are sa:tli-fi( tliat lie is guilty of an driving.
offence under sectioio 52 of this Ordinance, to find
him guilty of that office, 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 Powerto
before a Magistrate with :In offence under section charge for
52 of this ()rdin:ance (which relates to reckless or careless
S \1 driving on
dangerous drivingi) a'ri the :Magistrate is of the hearing of
opinion ll t tile o(tcice is not proved, then, at anV charge under
time during tlie hearing or iniediately thereafter, section.
the Magistrate nlav, without prejudice to any other
powers possessed Ib hlilii, direct or allowN a charge
for an off'ence aliler section 5;3 of thiis Ordinance
(which relates to careless dlivinlly.) to be preferred
forthwith against the defl'iilanit iand lnmay thereupon
proceed witl that charge, so hIowever that the
defendant or his solicitor or counsel shall be in-
formed of the new chart er' and le given an oppor-
tunity, whether byv way of cross-examining any
witness whlise ex idence has already been given
against the (leferlant (,o otherwise, of answering
the new charge, and thle Magistrate shall, if he
considers that the defendant is prejudiced in his
defence by reason of the new charge being preferred,
adjourn the hearing.
MONT~IRRAT. 32 Vehicles and Road Trafic.
Warning of 57. (1) Where a person is prosecuted for
section. 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
(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
(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
(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
(a) neither the name and
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
(b) the accused by his own
conduct contributed to the fail-
No. 4 of 1951.
Vehicles and Road Traffic. 33 MONTSERRAT.
(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 a ddreand
the foregoing provisions of this Ordinance, as to to stop.
reckless or dangerous driving or careless driving arrest in
refuses, on being required by any person having certain ases.
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
(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 restrictions
than one person to be carried on a road on a ondipeons
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
(3) In this section references to a person
carried on a bicycle shall include reference to a
person riding on a bicycle.
No. 4 of 1951.
MONTSERRAT. 34 Vehlcles and Road Traffc. No. 4 of 1951.
Restrictions 60. (1) It shall not be lawful for more
on riding than two persons to ride abreast on a road either
holding on upon motor cycles or pedal bicycles:
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
(2) It shall not be lawful for any person
while riding a motor cycle or a pedal bicycle on
(a) to hold on to any other moving
vehicle or, to any animal; or
(6) to ride such motor cycle or pedal
bicycle without at leat 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
(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-fcur dollars in the
case of a second or subsequent conviction.
Duty to stop 61. (1) (a) If in any case owing to the
incaseof 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
No. 4 of 1951. Vehicles and Road Trafic. 35 MONTSERRAT.
(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
(c) In this section the expression
"animal means horse, cattle, ass, mule, sheep
(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- Ofences.
(a) fraudulently imitates, alters, muti- Fraudulent
lates, destroys, or uses or fraudulently lends imitaton of
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;
(b) without permission of the owner or Interfering
person in charge thereof, climbs upon or into with mtor
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, tne 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
MONTSE UBT. 36 Vehicles and Road Tragic.
Endangering (c) throws any object at a motor vehicle
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
Pedestrians, (d) wilfully loiters or remains on any
etc., causing 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
Using vehicle (e) uses or drives or permits to be used
in defective 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;
Refusing (f) being the owner of a motor vehicle
information as refuses on the request of any police officer-
to identity of
(i) to give the name and address of
the driver thereof, such driver
having been authorized by such
owner to drive the said motor
(ii) to give all such information in
his possession as would assist
in the discovery or identity of
the driver; or
Refusing (y) being a passenger in any motor vehi-
information cle reasonably suspected to be a vehicle
as to user of
private motor conveying passengers for hire or reward with-
car or public out being duly licensed as a public service
vehicle, 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
Standing for (h) being the driver or conductor of a
hire at place public service vehicle stands for hire in any
not appointe. urban area at any road or place not appointed
for the purpose; or
No. of 1951.
No. 4 of 1951. Vehicles and Road Trafic. 37 MONTSERRAT.
(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 running
of the vehicle except on a properly constructed
(k) being in a motor vehicle in nny 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 ing of
vehicle, not being a motor vehicle, on a road vehicle
carelessly, negligently, or recklessly, or at 'a anot
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 not
motor vehicle, on a road while drunk, or while vehicle under
his efficiency for such purpose is impaired Iy infilece of
by drink or drugs, drugs.
he shall be guilty of an offence.
Vehicles and Road Tragfic. No. 4 of 1951.
Taking 63. (1) If any person uses any motor or
wvehcue or other vehicle without the consent of the owner
consent of or other lawful authority, he shall be guilty of an
Provided that the person shall not he 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 undri Mrs
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,
(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 lie 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. 4 of 1951. TWficles and Road traffic.
64. The particulars of every conviction for Drivers'
an offence under this Ordinance including the name bo"noe
of( the offender, and the number of his licence, if
anm, shall be furnisned by the clerk or other officer
of the court t in which the conviction is recorded to
the Traffic Commissioner \vh shall enter the same
in a book to be called the Driver's Offences Book.
DISQUALIFICATIONS, SUSPENSIONS AND
65. The Court before which a person is Disqualifica-
convicted of any offence in connection with the o ences.
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 Tempo ary
manslaughter arising out of the use of any motor s"upensi
vehicle or with contravining" the provisions of sec- pending
tions 51 and 52 of this Ordinance, it shall be fadeterg, tios
lawful for the Traffic Commissioner to order the
suspension of the driver's licence of the person so
charged pending the determination of the charge.
MOsTSVRRAT. 40 Vehicles and Road Traffic. No. 4 of 1951.
(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
Fraudulent 67. If any person who under the provisions
faplicatiro 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 enorse- 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,
(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
Vehicles and Road Tracti. 41 MO'TSERRAT
(b) if he is not then the holder of a
driver's licence, but subsequently obtains a
licence, lie shall within five days after so
obtaining the licence produce it to the Court
for ih e 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
time until it is produced for the purpose of endorse-
(3) On the issue of a new driver's licence to
any person, the particulars endorsed on any previ-
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 of
this section to have a licence issued to him free
from endorsement applies for or obtains a licence
without giving particulars of the order, he shall
be guilty of an offence 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 any licence
held by him, has during a continuous period of
two years since the order was made had no further
order made against hlim, 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,
No. 41 of 1951.
Vehicles and Road Traffic. No. 4 of 1951.
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-
missioner and to the Licensing Officer who issued
INTERNATIONAL CIRCULATION OF
International 69. The Governor may from time to time by
circulation Order in Council for the purpose of giving effect
ot motor l-
vehicles, to any Convention for facilitating tne 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. 4 of 1951. Vehicles and Road Traffic.
(b) 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
70. The contents of the Register of Motor Presumptive
Vehicles, the Register of Licensed Motor Drivers, evidene of
the Register of Licensed Conductors, the Register of
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 Duplicate
certificate or licence under this Ordinance shall, on liceVe.
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 Weighing of
of a motor vehicle or trailer licensed according to ioes.
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.
43 M ONTSERRAT.
Vehicles and Road Traffic. No. 4 of 1951.
(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
73. (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.
Exemption of 74. The provisions of this Ordinance or of
fire engine any Regulations imposing a speed limit on motor
speed limits, 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
Concession to 75. It shall be lawful for the Governor-in-
operte motor 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 shall be specified in the grant and
subject to the provisions of this ordinancee and
any Regulation made thereunder.
Regulations. 76. The Governor-in-Council may make
Regulations in respect of all or any of the follow-
ing matters, that is to any:-
No. 4 of 1951. Vehicles and Road Traffic.
(1) As regards traffic generally-
(a) anything which by this Ordinance
may or is to be prescribed;
(b) the forms to be used uuder this
(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
(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
(g) the duties and powers of conductors;
(h) 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
(1) the driving of any vehicles on any
specified road otherwise than in a specified
Vehicles and Road Traffic. No. 4 (,f 1951.
(mn) the appointment of parking places
and the regulation of the use of such parking
places including the imposition of charges in
(n) the badges and uniform to be worn
by drivers and conductors of public service
vehicles and the conduct of drivers, conductors
(,) 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;
(,) the determination of the number of
passengers which a public service vehicle is
adapted to carry and the number which may
(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 Letter carrying out
of the provisions of this Ordinanee and in
particular for the safety, control and regulation
of traffic and the use o2 vehicles or any class of
vehicles on any road and thek conditions under
which they may be used.
(2) As regards motor omnibuses-
(a) the restrictions of the use of motor
omnibuses using specified routes;
No. 4 of 1951. vehicless and Road Traffic.
(/1) the regulation and restriction of the
number of motor omnibuses using specified
(c) the time tables to be observed by
drivers of motor (mnnibuses;
(d) the issue of licences 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
(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;
( t) the conditions under which limited or
exclusive concession may be granted.
77. (1) The Traffic Commissioner may by
notice published in the (azette or in a newspaper
published in the Presidency make orders as to the line
to be kept 1,b persons driving or riding any vehicle
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 al s 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.
to make .
MONTSERRAT. 48 Vehicles and Road Traffic. No. 4 of 1951.
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 against 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.
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
Conflict of 81. Whenever the provisions of this Ordi-
laws. 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
Commence- 83. This Ordinance shall come into opera-
ment. tion on such day as the Governor may appoint by
proclamation published in the Gazette.
No. 4 of 1951. c ,hicle8s (ind load Trapitc.
Passed the Legislative Council this 20th day
of December, 1950.
J. E. T. ROBERTS,
(Clerk of the Council.
THE FIRST SCHEDULE.
DUTIES AND FEES.
1. Motor Cycle ... 4.80
2. Motor Cycle wilth side car ... 7.20
3. Motor Vehicle (other than a motor cycle) ... 9.60
4. Public Service Vehicle, ii 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 pneumatic tyres,
for each wheel ... .48
7. Animal Drawn Vehicles, other, for each wheel ... .96
8. Pedal Bicycles ... .96
9. Driver's LicInces--
(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 licence ... .24
13. Driving Test ... 1.20
14. Duplicate certificate or licence ... .60
THE SECOND SCHEDULE.
LIMITS OF 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
(6) Tractors, with or without trailer ... 15
(c) Other motor vehicles except traile s ... 20
2. On all roads in the Presidency other than
those specified in paragraph (1) of this
(a) Motor Omnibuses and motor lorries ... 25
(b) Tractors, with or without trailer ... 20
(c) Other motor vehicles ... 40
Vehicles and Road Traffic.
THE THIRD SCHEDULE.
No. 4 of 1951.
The Lights on Vehicles Ordinance, 1914
The Motor Car Ordinance, 1921
The Motor Car Tax Ordinance, 1926
The Motor Cars (Plying for Hire) Ordi-
The Motor Cars (Plying for Hire) Amend-
ment Ordinance, 1928
The Motor Cars (Plying for Hire) (Amend-
ment) Ordinance, 1944
Extent of Repeal.
Printed at the Government Printing Office, Leeward Islands,
by E. M. BLACKMAN, Government Printer-By Authority.
[Price Is. Id.]
* STATUTORY RULES AND ORDERS.
1951, No. 2.
TIIE PLANT PROTECTION REGULATIONS, 1950, MADE BY TIlE GOVERNOR
IN COUNClL UNDER SECTIONS 15 AND 17 OF THE PLANT PROTEC-
TION ORDINANCE, 1941 (No. 11 orF 1941).
1. Short Title. These Rlegulations may be cited as the
Plant Protection Regulations, 1951.
2. Prohibition of Importation. It is hereby prohibited
absolutely to import into the Presidency the articles mentioned in the
Iirst column ol the First Schedule to these Regulations from the
countries mentioned in the second column of the said Schedule.
3. Restriction of Importation. It is hereby prohibited
to import into the I'Presidenlcy the articles mentioned in the first
column of the Second Sch(dule to these Regulations from the
countries lmen(tioned in the third column of the said Schedule
except upon the conditions speclie(d in the second column of the said
4. Cancellation of Proclamations. The proclamations
dated respectively the 21th daiy of MIarch, 1927, (S. R. & 0. 1927,
No. 7) and the 24th day of February, 19)3, (8. R. & 0. 1939, No. 6)
are hereby cancelled.
THE FIRST SCHEDULE.
Articles absolutely prohibited.
Articles prohibited from inmlprtation.
(a) The fruit of the banana
Countries and places from which
All countries and places except the
United States of America, the Colony
of Dominica and the other islands of
the L-eward Islands Colony.
THE FIRST SCHEDULE.-(Cont'd.)
Articles prohibited from importation.
(b) All fruit and plants of the citrus
family and parts of such friiit and
(c) All other fruits
except (i) plantains
(iii) dried, canned, candied or
or other processed fruits.
(d) All vegetables
except (i) onions
(ii) irish potatoes
(iii) canned or processed vege-
(e) Cotton seed, cotton seed hulls, cake
and meal and other cotton seed pro-
ducts, seed cotton, cotton lint and
any part of the cotton plant and any
other malvaceons plant and any
(f) Fertilizers and stock feeds contain-
ing cotton seed meal.
(g) Pillows and bedding material con-
taining seed cotton, cotton lint or
any part of the cotton plant
(h) All Agricultural produce in bags.
(i) Second-hand empty bags and baling
(j) Packages, containers and coverings
which contain or are reasonably
suspected to have contained any of
the articles specified in item (e)
(k) Personal baggage and effects of any
description which contain or are
reasonably suspected to have con-
tained any of the articles specified
in item (e) hereof.
Conntrits and places from which
Cuba, Iaiti, Santo Do)mingo, Jamaica,
the United States of America and the
Dominion of Anstralia except the
State of Tasmania.
The Dominion of Australia except the
State of Tasmania, the Bahamas, Ber-
muda. 1British Guiana, and all other
countries and places except the British
Isles, Canada, the. British West Indies
and the United States of America.
Cuba, Haiti, and Santo Domingo.
THE FIRST SCHEDULE-(Cont'd.)
Articles prohibited from importation.
(1) Personal baggage and effects of any
L description which have been in con-
tact with or in close proximity to
other baggage, cargo, produce or
articles of any description infected
or reasonably suspected to be in-
fected with the cotton boll weevil.
(Anihonnomus grandis Buheman.)
(m) Articles which have formed part of
the cargo of a ship another part of
the cargo of which has been found
to be infected or is reasonably sus-
pected to be infected with the
cotton boll weevil.
Countries and places from which
All countries and places.
All countries and places.
Bahamas, Bermuda, British Guiana,
Trinidad and all other countries ex-
cept the British Isles, Canada, the
other islands of the British West
Indies not in this paragraph mention-
ed, and the United States of America.
(o) Plants and parts of plants of "Maga," From all countries and places.
(Thespesia grandiflora PDC).
(p) Sunflower seed. All countries and places in
THE SECOND SCHEDULE.
Articles prohibited conditionally.
(a) Sugar cane, sugar cane
seedlings and plants,
and all parts of the
(b) Banana plants and parts
of banana plants.
Conditions of importation. Countries and places.
Under licence granted
by All countries and places.
Bahamas, Bermuda, Brit-
ish Gniana, Central
America, Dutch Guiana,
and any island or place
in the West Indies and
the other islands of the
Leeward Islands Colony.
THE SECOND SCHEDULE-(Cont'd.)
Articles. Conditions of importation.
Cotton seed, cotton lint, Under licence granted by
seed cotton and all the Governor, and sub-
package s, coverings, ject to fumigation of any
containers, bags and cotton seed, bags and
o t h er articles and packages immediately on
things which have landing
been used as pack-
ings, coverings, con-
tainers, or bags for
any cotton seed, cotton
lint or seed cotton.
(d) Sprouted coconuts.
(e) All fruit and plants of
the citrus family and
parts of such fruit or
(f) Soil and plants grow-
ing in soil.
(g) All other fruit except-
(iii) d r i e d, canned,
candied, or other
(h) All vegetables except-
(ii) irish potatoes
(iii) canned or pre-
Under licence granted by
Under licence granted by
Under licence granted lby
the Governor and sub-
ject to fumigation im-
mediately on landing.
To be accompanied by a
certificate of origin from
a responsible authority
stating that such fruit
was not grown in a
country or place from
whence its importation
Countries and places.
All countries and places
other than Cuba, Haiti
and Santo Domingo.
Trinidad, St. Vinco-lt, St.
Lucia, Grenada, Cuba,
Jamaica, and all parts of
Central and South
All countries and phic(s
other than Cuba, Haiti,
Santo Domingo, Jamai-
ca, the United States of
America and the Domin-
ion of Australia exc. pt
the State of Tasmania.
All Countries and plac s.
The British Isles. Canada,
British West Indies, the
State of Tasmania and
the United States of
THE SECOND SCHEDULE--(Co~t'd.)
(i) All living material
(other than seeds) of
plants of the family
(j) Animal manure
(k) Vegetable and flower
Conditions (if iinportation.
Under licence granted by
Under licence granted by
Under licence granted by
the Governor and sub-
ject to being accompan-
ied by a Plant Sanitation
Certificate from a re-
sponsible authority in
the exporting country.
Country and places.
All countries and places.
Made by the Governor in Council this 5th day of January, 1951.
J. E. T. ROBER I'S,
Clerk of the Council.
Printed at the Government Printing Office, Leeward Islands
by E. M. BLACKMAN, Government Printe-.-By nthority.