Title: Ordinances passed by the Legislative Council of Trinidad and Tobago during the year ..
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Permanent Link: http://ufdc.ufl.edu/UF00103120/00038
 Material Information
Title: Ordinances passed by the Legislative Council of Trinidad and Tobago during the year ..
Uniform Title: Laws, etc. (Ordinances : 1902)
Alternate Title: Ordinances as passed by the Legislative Council of Trinidad and Tobago during the year ..
Physical Description: 51 v. : ; 26 cm.
Language: English
Creator: Trinidad and Tobago
Publisher: G.P.O.
Place of Publication: Port-of-Spain, Trinidad
Port-of-Spain, Trinidad
Publication Date: 1912
Frequency: annual
regular
 Subjects
Subject: Law -- Trinidad and Tobago   ( lcsh )
Genre: government publication (state, provincial, terriorial, dependent)   ( marcgt )
legislation   ( marcgt )
 Notes
Dates or Sequential Designation: 1902-1952.
 Record Information
Bibliographic ID: UF00103120
Volume ID: VID00038
Source Institution: Florida International University College of Law
Holding Location: Florida International University College of Law
Rights Management: All rights reserved by the source institution and holding location.
Resource Identifier: oclc - 13324890
lccn - 18009601
 Related Items
Preceded by: Ordinances of the Council of Government
Succeeded by: Ordinances enacted by the Legislative Council of Trinidad and Tobago between the ... and government notices published between the ...

Full Text




TRINIDAD AND TOBAGO.


Motor Cars.

No. 36.-1912.

10th April.

AN ORDINANCE to regulate the use of Motor Cars.





[L.S.]
GEORGE R. LE HUNTE,
GOVERNOR.
3rd August, 1912.






BE it enacted by the Governor of Trinidad and Tobago
with the advice and consent of the Legislative Council'
thereof as follows :-
1. This Ordinance may be cited as the Motor Car Short Title.
Ordinance, 1912.
2. In this Ordinance, unless the context otherwise Interpeta-
requires : tion.
"Motor Car" means any vehicle propelled by
mechanical power, and so constructed that no
smoke or visible vapour is emitted therefrom
except from any temporary or accidental cause,
and includes a motor cycle.
"Public Road includes a roadway to which the
public are granted access.
"Inspector-General" means the Inspector-General
of Constabulary.



^ srTi










No. 36. Motor Cars. 1912.
Reckless 3.-(1.) If any person drives a motor car on a public road
driving, recklessly or negligently, or at a speed or in a manner
which is dangerous to the public, having regard to all the
circumstances of the case, including the nature, condition
and use of the road, and to the amount of traffic which
actually is at the time, or which might reasonably be
expected to be, on the road, that person shall be guilty of
an offence under this Ordinance.
(2.) Any Member of the Constabulary or Supplemental
Constabulary Forces may apprehend without warrant
the driver of any car who commits an offence under this
section within his view, if he refuses to give his name and
address or produce his license on demand, or if the motor
car does not bear the mark or marks of identification.
(3.) If the driver of any car who commits an offence
under this section refuses to give his name or address, or
gives a false name or address, he shall be guilty of an
offence under this Ordinance, and it shall be the duty of
the owner of the car, if required, to give any information
which it is within his power to give, and which may lead
to the identification and apprehension of the driver, and if
the owner fails to do so he also shall be guilty of an offence
under this Ordinance.
Registration 4-(1.) Every motor car shall be registered with the
Inspector-General, who shall assign a separate number to
every car so registered.
(2.) A mark, indicating the registered number of the
car, shall be fixed on the car in such manner as the
Inspector-General may require in conformity with Regula-
tions made under Section 9 of this Ordinance.
(3.) A fee of Twenty Shillings shall be charged by the
Inspector-General On the registration of a car, except in
the case of motor cycles, for which the fee shall be Five
Shillings.
(4.) If a car is used on a public road without being
registered, or if the mark to be fixed in accordance with
this Ordinance is not so fixed, or if, being so fixed, it is in
any way obscured or rendered or allowed to become not
easily distinguishable, the person driving the car shall be












guilty of an offence under this Ordinance, unless, in the
case of a prosecution for obscuring a mark or rendering or
allowing it to become not easily distinguishable, he proves
that he has taken all steps reasonably practicable to prevent
the mark being obscured or rendered not easily distin-
guishable.
Provided that-
(a.) A person shall not be liable to a penalty under
this section if he proves that he has had no
reasonable opportunity of registering the car in
accordance with this section, and that the car
is being driven on a public road for the purpose
of being so registered; and
(b.) The Inspector-General may assign to any
manufacturer of or dealer in motor cars, on
payment of an annual fee not exceeding Three
Pounds, a general identification mark which
may be used for any car on trial after com-
pletion, or on trial by an intending purchaser,
and a person shall not be liable to a penalty
under this Section while so using the car, if the
mark so assigned is fixed upon the car in the
manner required by the Inspector-General in
accordance with regulations made under Section
9 of this Ordinance.
5.-(1.) A person shall not drive a motor car on a public Licensing of
road unless he is licensed for the purpose under this section, drivers.
or unless he is sitting next to a licensed driver for the
purpose of being instructed in the driving of motor cars,
and a person shall not employ any person who is not so
licensed to drive a motor car.
If any person acts in contravention of this provision
he shall be guilty of an offence under this Ordinance.
(2.) The Inspector-General shall grant a license to
drive a motor car to any person applying for it on payment
of a fee of Five Shillings, unless the applicant is disqualified
under any of the provisions of this Ordinance.
(3.) A license shall remain in force for a period of
twelve months from the date on which it is granted, but


- 1912.


No. 36.


Motor Cars.









No. 36. Motor Cars. 1912.

shall be renewable, and the same provisions shall apply
with respect to the renewal, of the license as apply with
respect to the grant of the license.

(4.) A license must be produced by any person driving
a motor car when demanded by a Member of the Con-
stabulary Force, not being a Rural or Estate Constable.
If any person fails so to produce his license, he shall be
liable in respect of each offence to a fine not exceeding Ten
Pounds.

(5.) Any person under the age of seventeen years shall
be disqualified for obtaining a license.

Suspension of 6.-(1.) Any Court before whom a person is convicted of
disquelitica an offence under this Ordinance, or of any offence in
tion. connection with the driving of a motor car, other than a
first or second offence consisting solely of exceeding any
limit of speed fixed under this Ordinance-

(a.) may, if the person convicted holds any license
under this Ordinance, suspend that license for
such time as the Court thinks fit, and, if the
court thinks fit, also declare the person convicted
disqualified for obtaining a license for such
further time after the expiration of the license
as the Court thinks fit; and

(b.) may, if the person convicted does not hold any
license under this Ordinance, declare him dis-
qualified for obtaining a license for such time
as the Court thinks fit; and,

(c.) if the person convicted holds any license under
this Ordinance, shall cause particulars of the
conviction and of any order of the Court made
under this Section to be endorsed upon any
license held by him, and shall also cause a copy
of those particulars to be sent to the Inspector-
General.










No. 36. Motor Cars. 1912.

(2.) Any person so convicted, if he holds any license
under this Ordinance, shall produce the license within a
reasonable time for the purposes of endorsement, and if he
fails to do so shall be guilty of an offence under this
Ordinance.
(3.) A license so suspended by the Court shall during
the term of suspension be of no effect, and a person whose
license is suspended or who is declared by the Court to be
disqualified for obtaining a license shall, during the period
of suspension or disqualification, be disqualified for obtaining
a license.
(4.) Any person who is, by virtue of an order of the
Court under this Section, disqualified for obtaining a license
may appeal against the order, in the same manner as a
person may appeal in the manner provided in the Summary
Conviction Offences (Procedure) Ordinance (No. 1), and the
Court may, if it thinks fit, pending the appeal, defer the
operation of the order.
(5.) If any person, who under the provisions of this
Ordinance is disqualified for obtaining a license, applies for
or obtains a license while he is so disqualified, or if any
person whose license has been endorsed applies for or
obtains a license without giving particulars of the endorse-
ment, that person shall be guilty of an offence under this
Ordinance, and any license so obtained shall be of no effect.
7. If any person forges or fraudulently alters or uses, or Forgery, etc.,
fraudulently lends or allows to be used by any other person, f idenefa
tion mark or
any mark for identifying a car or any license under this license.
Ordinance he shall be guilty of an offence under this
Ordinance.
,8. A person driving a motor car shall, in any case, if an putytostop
accident occurs to any person, whether on foot, on horse- ancient.
back or in a vehicle, or to any horse or vehicle in charge of
any person, owing to the presence of the motor car on the
road, stop and, if required, give his name and address, and
also the name and address of the owner and the registration
number of the car; and if any person knowingly acts in
contravention of this section, he shall be liable in respect










No. 36. Motor Cars. 1912.

of the first offence to a fine not exceeding Ten Pounds, and
in respect of the second offence to a fine not exceeding
Twenty Pounds and in respect of any subsequent offence
to a fine not exceeding Thirty Pounds or, in the discretion
of the Court, to a term of imprisonment not exceeding one
month.
iony 9-(1) The Governor in Executive Council may make
Executive regulations-
Council.
(a.) Providing generally for facilitating the identifica-
tion of motor cars, and in particular for determin-
ing and regulating generally the size, shape and
character of the identifying marks to be fixed
under this Ordinance and the mode in which
they are so fixed and to be rendered easily
distinguishable, whether by night or by day,
and with respect to the registration of cars, and
the entry of particulars, including particulars of
the ownership of the car, in the register, and
the giving of those particulars, and for making
any particulars contained in the register avail-
able for use by the police, and for making the
registration of a car void if the regulations as to
registration are not complied with;

(b.) with respect to the licenses to be granted by
the Inspector-General under this Ordinance, and
in particular with respect to the register to be
kept of those licenses and the renewal of licenses
and for providing special facilities for granting
licenses to persons not resident in the colony,
and for making any particulars with respect to
any persons whose licenses are suspended or
endorsed available for use by the Police, and for
preventing a person holding more than one
license;

(c.) prohibiting or restricting the driving of any
motor cars, or of any special kind of motor cars,
on any specified road or part of a road, which
does not exceed sixteen feet in width, or on












which ordinary motor car traffic would, in the
opinion of the Governor in Executive Council,
be specially dangerous;
(d.) with respect to che use of motor cars on public
roads and the conditions under which they may
be used;
(e.) with respect to the number, position and kind of
lights to be carried on motor cars and the times
during which they are to be exhibited;
(f.) with respect to the carrying of horns or other
instruments capable of giving audible and suffi-
cient warning of the approach or position of
motor cars; and with respect to the character
and kind of such horns or other instruments;
(g.) with respect to all matters provided in Sections
4 and 10 of this Ordinance.
(2.) A breach of any regulation made under this
Ordinance may be punished by a fine not exceeding One
Hundred Pounds.
10.-(1.) A person shall not, under any circumstances, ate of speed.
drive a motor car at a speed exceeding fifteen miles per hour,
or such less speed as may be mentioned in the regulations
hereinafter referred to, within any limits or place referred
to in the regulations made by the Governor in Executive
Council with a view to the safety of the public.
If any person acts in contravention of this provision,
he shall be liable in respect of the first offence to a fine not
exceeding Twenty Pounds, and in respect of the second
offence to a fine not exceeding Fifty Pounds and in respect
of any subsequent offence to a fine not exceeding One
Hundred Pounds, but a person shall not be convicted under
this provision for exceeding the limit of speed fixed by the
regulations merely on the opinion of one witness as to the
rate of speed.
(2.) Where a person is prosecuted for an offence under
this section, he shall not be convicted unless he is warned


Motor Cars.


1912.


No. 36.










No. 36. Motor Cars. 1912.

of the intended prosecution at the time the offence is com-
mitted, or unless notice of the intended prosecution is sent
to him or to the owner of the car as entered on the register
within such time after the offence is committed, not exceed-
ing twenty-one days, as the Court think reasonable.
Penalties and 11.-(1.) A person guilty of an offence under this
egfinPs. Ordinance, for which no special penalty is provided, shall
on conviction before any Stipendiary Justice of the Peace
be liable in respect of each offence to a fine not exceeding
Fifty Pounds, or in the case of a second or subsequent
conviction to a fine not exceeding One Hundred Pounds, or
in the discretion of the Court to imprisonment for a period
not exceeding three months.

(2.) All persons punishable by fine or imprisonment
under this Ordinance may be proceeded against summarily
before any Stipendiary Justice of the Peace, and the manner
of procedure in all such cases shall be according to the
Summary Conviction Offences (Procedure) Ordinance, No. 1.
Saving o 12. Nothing in this Ordinance shall affect any liability of
liability the driver or owner of a motor car by virtue of any Ordinance
or at common law.

Passed in Council this Tenth day of April, in the year
of Our Lord one thousand nine hundred and twelve.



HARRY L. KNAGGS,
Clerk of the Council.




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